HomeMy WebLinkAbout07 AGREEMENT WITH TOM BISTLINE CONSTRUCTIONAgenda Item 7
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Reviewed.-
AGENDA
eviewed.AGENDA REPORT City Manager
Finance Director fir'
MEETING DATE: SEPTEMBER 7, 2010
TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
FROM: REDEVELOPMENT AGENCY STAFF
SUBJECT: AGREEMENT WITH TOM BISTLINE CONSTRUCTION, INC. TO PROVIDE INTERIM
PROPERTY MANAGEMENT/CARETAKER SERVICES AT PORTIONS OF TUSTIN
LEGACY
SUMMARY
Approval is requested of a Consultant Services Agreement for Interim Property
Management/Caretaker Services at Tustin Legacy.
RECOMMENDATION
It is recommended that the Redevelopment Agency ("Agency") approve an Interim
Property Management/Caretaker Consultant Services Agreement between Tom Bistline
Construction, Inc. and the Agency for the provision of interim property
management/caretaker services on portions of property at Tustin Legacy, subject to any
non -substantive modifications as may be determined necessary as recommended by
the City Attorney and authorize the City Manager and/or Assistant City Manager to
execute the document.
FISCAL IMPACT
Adequate funding through the end of Fiscal Year 2010/11 has been appropriated in the
Agency's Fiscal Year 2010-11 Budget in MCAS Tustin RDA account 555-35-00-6732.
City and Redevelopment Agency staff will be responsible for contract administration.
BACKGROUND/DISCUSSION
With the recent reversion of all properties previously owned by the former Master
Developer (Tustin Legacy Community Partners, LLC) within the Master Developer
Footprint back to the City, the City is now responsible for reassuming responsibility for
maintaining real property and facilities located at Tustin Legacy owned by the City
and/or leased by the City from the Department of the Navy ("City Service Area").
To ensure that adequate operation, maintenance, and protection of the City Service
Area, the Agency requires professional services and related services pending
disposition of property and facilities to private and public development interests.
Consultant is qualified to provide the necessary services, has been selected because of
its extensive related experience and familiarization with the Tustin Legacy project and
has agreed to provide such services on an interim basis until a more formalized process
of soliciting interest in more permanent caretaker services can be undertaken by City
until properties within the Master Developer site are transferred other parties for
redevelopment in the future. To ensure that the Interim Property
Management/Caretaker Consultant Services Agreement can be executed as soon as
possible, staff requests Agency approval of the attached Agreement.
Staff has conducted a comparative analysis of firms providing similar services that
comply with the minimum prevailing wage requirements, and determined the proposed
contractor can provide the services and equipment at the most competitive costs to the
City. The Consultant shall provide to the Agency the personnel, transportation,
consumables, equipment, tools, materials, supervision, management and other services
necessary to manage and perform the maintenance, operations, repairs, and other
necessary services required under the proposed Agreement and as specified in a
detailed Scope of Services (attached as Exhibit A of the Agreement). The services will
be provided based on a time and materials basis with monthly billings at a not to exceed
amount that is tied to individual scope of work line items. These scope of work line items
include:
• Management and General Requirements;
• Grounds, Building and Facility Maintenance;
• Erosion and Sediment Control;
• Miscellaneous Services, and;
• Contingencies for unknown expenses that may arise outside of the scope of
work.
Provisions of the Agreement establish a methodology for determining actual time and
material billings. In any event, total monthly billings will not exceed $35,661 per month.
Christine A. Shingleto
Assistant City Manager
Ar
Buchanan
am Manager
Matt West
Project Manager
Attachment: Consultant Services Agreement
CADocuments and Settings\cshingleton\Local Settings\Temporary Internet Files\Content.Outlook\8K000B90\Agenda Report Sept
7 2010 - Bsitline Interim Caretaker Services.docx
CONSULTANT SERVICES AGREEMENT
FOR
INTERIM PROPERTY MANAGEMENT/CARETAKER SERVICES
FOR A PORTION OF TUSTIN LEGACY
This Agreement for Consultant Services is made and entered into as of
September , 2010, by and between the TUSTIN COMMUNITY
REDEVELOPMENT AGENCY ("AGENCY"), a municipal corporation duly organized
under the laws of the State of California and TOM BISTLINE CONSTRUCTION,
INC., a California Corporation ("Consultant").
A. AGENCY is responsible for maintaining real property and facilities located at
Tustin Legacy ("Service Area") and desires to ensure adequate operation,
maintenance, and protection of the Service Area.
B. To ensure that adequate operation, maintenance, and protection of the
Service Area, Agency requires professional services and related services
pending disposition of property and facilities to private and public
development interests.
C. Consultant is qualified to provide the necessary services, has been selected
because of its extensive related experience and familiarization with the Tustin
Legacy project and has agreed to provide such services on an interim basis.
D. Agency has issued a "Scope of Services" a copy of which is attached hereto
as Exhibit A and is by this reference incorporated herein as though fully set
forth hereto.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises, covenants, and conditions contained herein, the parties agree as follows:
1. SERVICES OF CONSULTANT
1.1 Necessary Services. Consultant shall provide to the AGENCY the
personnel, transportation, consumables, equipment, tools, materials, supervision,
management, and other services necessary to manage and perform the
maintenance, operations, repairs, and other necessary services in compliance with
all terms and conditions of this Agreement and as specified in the "Scope of
Services" attached hereto as Exhibit A and incorporated herein by this reference,
(the "services" or the "work")
CONSULTANT warrants that all services shall be performed in a competent,
professional and satisfactory manner in accordance with all standards prevalent in
the industry.
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1.2 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all laws, ordinances, resolutions, statutes, rules, and
regulations of the City of Tustin and of any federal, state or local government agency
of competent jurisdiction.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Contract, Consultant
warrants that they (a) have thoroughly investigated and considered the work to be
performed, (b) have investigated the site of work and become fully acquainted with
the conditions there existing, (c) have carefully considered how the work should be
performed, and (d) fully understand the facilities, difficulties and restrictions
attending performance of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in
the work or as represented by the Agency, Consultant shall immediately inform the
Agency of such fact and shall not proceed with any work except at Consultant's risk,
until written instructions are received from the Contract Officer.
1.5 Care of Work. Consultant shall adopt and follow reasonable
procedures and methods during the term of the Agreement to prevent loss or
damage to facilities, equipment, materials, records, papers or other components of
the work, and shall be responsible for all such damage until termination of the
contract by the Agency, except such loss or damages as may be caused by the
Agency's own negligence.
1.6 Special Requirements. Any additional terms and conditions of this
Agreement are set forth in Exhibits B, C, D, and E and are incorporated herein by
this reference. In the event of a conflict between the provisions of Exhibit A and any
other provision or provisions of this Agreement, including Exhibit B, C, D, and E,
the provisions of Exhibit A shall govern.
2. COMPENSATION
2.1 Compensation. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed consistent with the
specific cost line items and requirements for operating costs, as more fully set forth
in Exhibit C and which is incorporated herein by reference as though fully set forth
herein. In any event, the monthly operating cost for the provision of interim
caretaker/property management services shall not exceed the amounts as set forth
in Exhibit C.
2.2 Minimum Level of Service. The cost contained in this Agreement
shall represent the minimum level of caretaker, property management and
maintenance services required to protect assets, resources, and systems within the
SERVICE AREA.
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2.3 Fully Burdened Costs. The costs presented under this Agreement
reflect the fully burdened hourly costs associated with providing caretaker/property
management and maintenance services under this Agreement, except as otherwise
noted in Exhibit C.
2.4 Method of Payment. All work conducted under this Agreement
shall be billed consistent with the fully burdened hourly rates and budget included in
Exhibit C of this Agreement and in such form and containing such documentation as
reasonably required by the Agency in order to establish charges and to enable
compensation therefore by the Agency. Each such invoice shall include the amount
of payment requested, the total compensation permitted by line item in Exhibit C,
and any other such information as may be reasonable and necessary to secure the
written approval of the invoice by the Agency. Consultant shall submit written
invoices not more frequently than monthly. In any month in which Consultant wishes
to receive payment, Consultant shall no later than the first working day of the next
month following the month of service, submit to the Agency an invoice for service.
The Agency shall pay Consultant for all expenses stated thereon which are
approved by the Agency consistent with this Agreement,
2.5 Chanqes. In the event any change or changes in the work is
requested by the Agency, the parties hereto shall execute an addendum to this
Agreement, setting forth with particularity all terms of such addendum, including but
not limited to, any modification to Consultant's fees. An Addendum may be entered
into to provide for revisions or modifications to the scope of work, Exhibit A, including
but not limited to, a reduced level of service.
Consultant acknowledges that the Agency, at its discretion, may increase or
decrease any specific line item or a decrease in the maximum funding amount
reflected in Section 2.1, within fifteen (15) days notice to Consultant. Increases in
any line item shown in Exhibit C shall result in decreases in other line items as shall
be recommended by the Agency and coordinated with and agreed to in writing
between the Agency and Consultant. Any decrease in the maximum funding shall
be accompanied by a corresponding decrease in caretaker/property management
services under the Agreement which shall be coordinated and agreed to in writing
between the Agency and Consultant.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed within any time frames prescribed in Exhibit A
("Scope of Services").
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4. COORDINATION OF WORK
4.1 Representative of Consultant. The following Principal of Consultant
is hereby designated as being the Principal and representative of Consultant
authorized to act in its behalf with respect to the work specified herein and make all
decisions in connection therewith:
Thomas N. Bistline, President
33002 Palo Alto
Dana Point, CA 92629
Phone (949) 496-6747 FAX (949) 496-3474
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principal is substantial inducement for the Agency to enter into this
Agreement. Therefore, the foregoing Principal shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient
time to personally supervise the services hereunder. Consultant may not change
the foregoing Principal without the express written approval of the Agency.
4.2 Contract Officer. The Contract Officer shall be the Assistant City
Manager of the AGENCY unless otherwise designated in writing by the Contract
Officer. For purposes of day-to-day liaison and administration, the Agency will
assign a Project Manager who shall be primarily responsible for coordination with
Consultant in the provision of the Tustin Community Redevelopment Agency support
when necessary and requested by Consultant. It shall be Consultant's responsibility
to keep the Project Manager and Contract Officer fully informed of the progress of
the performance of the services and Consultant shall refer any decisions on the
Agreement, which must be made by the Agency to the Contract Officer. Unless
otherwise specified herein, any approval of the Agency required hereunder shall
mean the approval of the Contract Officer.
4.3 The Consultant Principal identified in Section 4.1 shall meet with
the Contract Officer or designee and/or Project Manager at least monthly, or as
more frequently requested by the Contract Officer or designee and/or Project
Manager.
4.4 Prohibition Against Subcontracting. The experience, knowledge,
capability and reputation of Consultant, its principals and employees were
substantial inducement for the Agency to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or part the
services required under this Agreement without the express written approval of the
Agency. In addition, neither this Agreement nor any interest herein may be assigned
or transferred, voluntarily or by operation of law, without the prior written approval of
Agency.
4.5 Independent Contractor. Neither the Agency nor any of its
employees shall have any control over the manner, mode or means by which
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Consultant, its agents or employees perform the services required herein, except as
otherwise set forth herein. Consultant shall perform all services required herein as an
independent contractor of AGENCY and shall remain at all times as to AGENCY a
wholly independent contractor with only such obligations as are consistent with that
role. Consultant shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of the Agency. Consultant shall be
solely responsible for compliance with State and Federal Law with respect to the
wages, hours, benefits and working conditions of its employees, including requirement
for payroll deductions for taxes. Employees or independent contractors of Consultant
are not Agency employees.
5. INSURANCE/INDEMNIFICATION
5.1 Insurance
A. Consultant shall maintain in full force and effect during the term of this
Agreement policies of commercial general liability and automobile liability insurance
(each of which shall include property damage and bodily injury) and each with limits
of at least one million dollars ($1,000,000) combined single limit coverage per
occurrence.
B. Consultant shall maintain in full force and effect during the term of this
Agreement a policy of professional liability insurance coverage with limits of at
least one million dollars ($1,000,000) combined single limit of coverage per claim or
per occurrence.
If Consultant provides claims made professional liability insurance, Consultant shall
also agree in writing either (1) to purchase tail insurance in the amount required by
this Agreement or to cover claims made within five (5) years of the completion of
Consultant's service under this Agreement, or (2) to maintain professional liability
insurance coverage with the same carrier in the amount required by this Agreement
for at least five (5) years after completion of Consultant's services under this
Agreement. Consultant shall also provide evidence to the Agency of the purchase of
the required tail insurance or continuation of the professional liability policy by
executing a Letter Agreement acceptable to Agency on Consultant's letterhead.
C. To the extent required by law, Consultant shall carry and maintain
Workers' Compensation insurance as is required to fully protect Consultant and its
employees under California Worker's Compensation Insurance Law. The insurance
company shall agree to waive all rights of subrogation against the Agency and
Department of the Navy (for LIFOC Parcels only) for losses paid under the policy,
which losses arose from the work performed by the named insured.
D. Other applicable insurance requirements are: (1) Name the City of
Tustin, Agency, and Department of Navy (as to the LIFOC Parcels only) and its officials
and employees as additional insured on the commercial general and automobile
policies. (2) The insurance shall be issued by a company authorized by the Insurance
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Department of the State of California and rated A, VII or better (if an admitted carrier)
or A-, X (if offered, by a surplus line broker), by the latest edition of Best's Key Rating
Guide, except that the Agency will accept workers' compensation insurance rated B -
VIII or better or from the State Compensation Fund. (3) The Insurance shall not be
cancelled, except after thirty (30) days written prior notice to the Agency; and (4) The
commercial general and automobile liability insurance shall each be primary as
respects the Agency, and any other insurance maintained by the Agency shall be in
excess of this insurance and not contribute to it.
E. Upon execution of this Agreement, Consultant shall provide to
Agency certificates of insurance and insurer endorsements evidencing the required
insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be
provided as evidence of meeting the requirements of Subsections (1) (3) and (4) of
Section 5D above and the waiver of subrogation requirement in Section C above. If
self-insured for worker's compensation, Consultant shall submit to Agency a copy of its
certification of self-insurance issued by the Department of Industrial Relations.
F. Consultant shall provide to Agency a written notice of cancellation of
insurance within five (5) days of its receipt of a notice of cancellation from any
insurance carrier providing general liability, auto, worker's compensation and
professional liability insurance. Said notice shall be in writing and sent to the Agency
via U.S. Mail, first class, postage prepaid thereon or FedEx overnight to:
Attention: Contract Officer
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Failure to provide such notice to Agency as set forth above shall constitute a material
breach of this Agreement and Consultant acknowledges and agrees that the Agency
shall be entitled to recover from Consultant any and all damages arising as a direct and
proximate result thereof.
In addition, Consultant shall instruct its insurance broker to provide the Agency with
written notice of cancellation of any insurance policy(ies) applicable to this Agreement
within forty-eight (48) hours of the broker's knowledge of any cancellation by the
insurance provider.
5.2 Indemnification. The Consultant shall defend, indemnify and hold
harmless the City of Tustin, Agency, and Department of the Navy (as to LIFOC Parcels
only) and its officers and employees, from and against any and all actions, suits,
proceedings, claims, demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person or persons, for damage to property,
including property owned by Agency and the Department of the Navy, arising from
errors and omissions of Consultant, its officers, employees and agents, and arising out
of or related to Consultant's performance under this Agreement, except for such loss
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as may be caused by Agency's or Department of the Navy's sole negligence or that of
its officers or employees.
The Consultant shall also defend, indemnify and hold the Agency harmless from any
claims or liability for Agency health and welfare, retirement benefits, or any other
benefits of part-time or full-time Agency employment sought by Consultant's officers,
employees, or independent contractors, whether legal action, administrative
proceeding or pursuant to State statue.
6. RECORDS AND REPORTS
6.1 Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require. CONSULTANT agrees to provide
such reports within a reasonable period of time and in such detail as may be
required.
6.2 Records. Consultant shall keep such books and records as shall
be necessary to properly perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The
Contract Officer shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and make records and
transcripts from such records. Consultant shall also afford any authorized
representatives of the City of Tustin, and Agency access to and the right to examine
all records, books, papers, and documents, including records in automated forms,
that are within Consultant's custody or control and that relate to its performance
under this Agreement. Consultant will retain such records intact for at least three (3)
years following termination of this Agreement. Access to Consultant's' records will
be only during normal business hours, and the requesting party will give Consultant
twenty-four (24) hours prior notice of its intention to examine Consultant's records
that relate to the performance of this Agreement.
6.3 Ownership of Documents. All documents, specifications, records,
documents and other materials prepared by Consultant in the performance of this
Agreement shall be the property of the Agency and shall be delivered to the Agency
upon request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as
a result of the exercise by the Agency of its full rights or Agency's ownership of the
documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the
concepts embodied therein.
6.4 Release of Document. All reports, records, documents and other
materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the
Contract Officer.
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7. TERM
Unless terminated in accordance with Section 8.7 of this Agreement, the term of
services under this Agreement shall commence upon execution of the Agreement for
an ninety (90) day period and shall continue in full force and effect on a month-to-
month basis thereafter, until and unless the Agency shall provide a written notice to
Consultant of its desire to terminate this contract with or without cause on a specified
time and date but not exceeding one year (1) year from the date hereof, unless
extended by mutual agreement of the parties.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law. This Agreement shall be construed and interpreted
both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of
or in relation to this Agreement shall be instituted in the Superior Court of the County of
Orange, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement,
the injured party shall notify the injuring party in writing of its contentions by submitting
a claim therefor. The injured party shall continue performing its obligations hereunder
so long as the injuring party cures any default within thirty (30) days after service of the
notice, or if cure of the default is commenced within thirty (30) days after service of said
notice and is cured within a reasonable time after commencement; provided that if the
default is an immediate danger to the health, safety and general welfare, the Agency
may take immediate action under Section 8.6 of this Agreement. Compliance with the
provisions of this Section shall be a condition precedent to any legal action, and such
compliance shall not be a waiver of any party's right to take legal action in the event
that the dispute is not cured.
8.3 Waiver. No delay or omission in the exercise of any right or remedy
of a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. No consent or approval of Agency shall be deemed to waive or
render unnecessary Agency's consent to or approval of any subsequent act of
Consultant. Any waiver by either party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this
Agreement.
8.4 Rights and Remedies are Cumulative. Except with respect to rights
and remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or more
of such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by the
other party.
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8.5 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment or any other remedy consistent with the
purposes of this Agreement.
8.6 Termination Prior to Expiration of Term. The Agency reserves the
right to terminate this Agreement at any time, with or without cause, upon thirty (30)
days written notice to Consultant, except that where termination is due to the fault of
the Consultant and constitutes an immediate danger to health, safety and general
welfare, the period of notice shall be such shorter time as may be appropriate as
determined by Agency in its discretion. Upon receipt of the notice of termination,
Consultant shall immediately cease all services hereunder except as may be
specifically approved by the Contract Officer. Consultant shall be entitled to
compensation for all services rendered prior to receipt of the notice of termination and
for any services authorized by the Contract Officer thereafter.
8.7 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, Agency may
terminate this Agreement after providing the Consultant with a Notice of Non -
Compliance, specifying the grounds therefore and all facts demonstrating non-
compliance and (10) calendar days to cure such deficiencies. Agency may take over
the work and prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for completion of the services
required hereunder exceeds the compensation herein stipulated, provided that the
Agency shall use reasonable efforts to mitigate damages, and Agency may withhold
any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed to Agency.
8.8 Attorneys Fees. If either party commences an action against the
other party arising out of or in connection with this Agreement or its subject matter, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit
from the losing party.
9. AGENCY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
9.1 Non -Liability of City of Tustin and Agency Officers and Employees.
No officer or employee of the City of Tustin or Agency shall be personally liable to
Consultant, or any successors -in -interest, in the event of any default or breach by
the City or Agency for any amount which may become due to Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
9.2 Covenant Against Discrimination. Consultant covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin, or
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ancestry. Consultant shall take affirmative action to insure that applicants and
employees are treated without regard to their race or color.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices, transmissions, correspondence, reports, official
communications, and/or statements authorized, made under, or required by this
Agreement shall be in writing and shall be delivered by hand, facsimile transmission,
or by U.S. Mail, First Class postage prepaid, to the other party at the address or
facsimile transmission telephone number set forth below. Either party may change
its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if
needed as provided by this Section.
CONSULTANT: Tom Bistline Construction, Inc.,
a California Corporation
33002 Palo Alto
Dana Point, CA 92629
Attention: Tom Bistline, CPESC, President
Phone (949) 496-6747 FAX (949) 496-3474
www.tombistlineconstruction.com
AGENCY: Christine Shingleton, Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Phone (714) 573-3107
FAX (714) 838-1602
cshingleton@tustinca.org
10.2 Integrated Agreement. This Agreement contains all of the
agreements of the parties and cannot be amended or modified except by written
agreement.
10.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
10.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement,
which shall be interpreted to carry out the intent of the parties hereunder.
10.5 Corporate Authority. The persons executing this Agreement on
behalf of the parties hereto warrant that they are duly authorized to execute this
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Agreement on behalf of said parties and that by doing so executing this Agreement
the parties hereto are formally bound to the provisions of this Agreement.
10.6 Change of Circumstances. Each party will promptly notify the other
party of any legal impediment, change of circumstances, pending litigation, or any
other event or condition that may adversely affect such party's ability to carry out any
of its obligations under this Agreement.
10.7 Third Party Beneficiaries. The parties agree that the provisions of
this Agreement are not intended to directly benefit, and shall not be enforceable by
any person or entity not a party to this Agreement. By entering into this Agreement,
neither party waives any of the immunities provided under state or federal law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first written above.
"AGENCY"
Tustin Community Redevelopment Agency
DATED: By:
William Huston, City Manager/
Executive Director or Christine A.
Shingleton, Assistant City Manager
SEE
DATED:
CONSULTANT
Tom Bistline Construction, Inc.,
California Corporation.
Thomas N. Bistline, President
S:\RDA\Consultants at Legacy\Interim Property Management Consultant Services Agreement FINAL.docx
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Attachments Table of Contents
• Exhibit A — "Scope of Services"
o Attachment 1 — "Services Area Map"
o Attachment 2 — "Key Control Plan"
• Exhibit B — "Special Restrictions"
• Exhibit C — "Schedule of Compensation"
o Attachment 1 "Estimated Monthly Budget"
o Attachment 2 "Estimated Monthly Budget Line Items"
o Attachment 3 "Tom Bistline Construction Labor and Material Rates"
• Exhibit D — "Spill Contingency and Hazardous Material Plan"
o Attachment 1 — "Emergency Coordinators"
o Attachment 2 — "Spill Control Equipment"
o Attachment 3 — "Hospital Route Map"
• Exhibit E — "Erosion Control Plan"
EXHIBIT A
SCOPE OF SERVICES
The following identifies the work that the Interim Property Management
Consultant (the "Consultant") shall perform to land (mass graded land), buildings
(Hangar 29 and Building 3000T), and facilities (fencing, gates, Navy equipment,
etc.) on City -owned and Department of Navy—leased properties leased to the
City, as applicable, within the Service Area shown in Attachment 1 to this Exhibit
A (the "Service Area Map"). The Consultant's work includes the management
and inspection necessary to ensure continued: property erosion and sediment
control; property maintenance; general building weather tightness and security;
fire prevention; and security fencing and access control
City -maintained property, buildings, and facilities are located on approximately
805 acres (the "Service Area") at the Former MCAS Tustin (referred to herein as
"Tustin Legacy") as shown on the Service Area Map.
The Scope of Services includes work in the following five main sections:
1. MANAGEMENT/GENERAL REQUIREMENTS
2. GROUNDS, BUILDINGS, AND FACILITIES MAINTENANCE
3. EROSION AND SEDIMENT CONTROL
4. MISCELLANEOUS SERVICES
5. CONTINGENCY
1. MANAGEMENT/GENERAL REQUIREMENTS
1.1. Standards - The standards for routine caretaker maintenance and
inspection of facilities are detailed in this section. A sample inspection
checklist, based on the standards and maintenance level shall be
produced by Consultant and approved by the Agency for this use. The
goal is to limit expenditures to the minimum necessary to prevent facility
deterioration and preserve the potential for long-term facility reuse by
future developers. It is expected that the Consultant will employ prudent
judgment and experience when applying maintenance and repair
techniques and standards to specific activities, facilities and situations.
Labor, as well as, material and equipment costs for all work performed
shall be tied to a specific budgetary line item to facilitate cost accounting
and invoice review.
1.2. Administration — The Consultant shall have a working supervisor on-site
(within the Service Area) at a minimum during the City of Tustin's regular
working hours (7:30 a.m. to 5:30 p.m., Monday through Thursday, and
8:00 a.m. to 5:00 p.m. on Fridays) that will provide site presence,
incidental inspection and overall direction of the interim property
management and caretaker maintenance crew. The Consultant's staff
will update work plans and coordinate interim property management
requirements, process billing and payments, monitor budget execution
and financial management, manage any technical library and records,
and perform other duties as directed. The overall management support
for the Agreement and most of the administrative activities will take place
in the office of the Consultant located at Gate #7 at Tustin Legacy,
unless otherwise authorized by the Agency.
Administrative duties shall include, but are not limited to the following:
❑ Project management of total work effort.
o Weekly and/or Monthly update meetings, as needed
o E-mail and telephone communication.
o Written correspondence.
o Equipment ownership/leasing and maintenance
management.
o Inspection of base, Quality Assurance (QA) & Quality
Control (QC) management of contracted items,
including:
• Employee Oversight and Coordination
• Training/Orientation of New Employees
• Management of employees.
❑ Response to requests from the Department of the Navy and
its contractors, Developers, Regulatory Agencies, and
others, as needed.
❑ Administrative Support.
o Database expense entries, material & labor.
o Monthly meeting minutes
o Prevailing Wage Timesheet tracking
o Records & filing
1.3 Records - Records shall be maintained which will reflect periodic
maintenance performed, including scheduled and accomplished dates,
and any repairs made, and all required prevailing wage timesheet
tracking and documentation. Submit all reports, data, or other submittals,
including prevailing wage payroll, required as part of the Scope of
Services to the Agency's Contract Officer. The Consultant shall
establish and maintain a central repository for maintenance documents
for Agency review.
1.4 Emergency Response - The Consultant shall have procedures for
receiving and responding to emergency service calls 24 hours per day, 7
days per week, including weekends and holidays. Response to
emergency calls will be immediate and corrective action to arrest an
emergency will begin no later than one hour after receipt of the service
call. The Consultant shall respond and arrest the emergency condition
before departing the work site. The Consultant shall also adhere to the
"Spill Contingency and Hazardous Materials Response Plan" in Exhibit D
detailing procedures for responding to hazardous waste, fuel and other
chemical spills in accordance with Federal, State, and Navy regulations,
including the Lease in Furtherance of Conveyance ("LIFOC") between
the City of Tustin and the Department of the Navy.
1.5 Equipment and Materials — The Consultant shall be responsible for
procuring all equipment, materials, and utilities required to perform all of
requirements of this Agreement.
1.6 Grounds, Buildings, and Facility Maintenance Levels — All areas covered
under this Agreement shall be maintained to the minimum extent
possible for providing protection against fire and erosion.
1.7 Release of Information — The Consultant shall not release to the public or
press any information regarding the purpose/Scope of Services to be
accomplished or data specific to the project required under the Agreement
without prior authorization from the Contract Officer. All such information is
considered confidential. All inquiries made of Consultant shall be
immediately referred to the Contract Officer.
1.8 Department of the Navy — The Consultant understands and agrees that
there may be ongoing Installation Restoration Program (IRP) projects or
other Navy activities in support of environmental cleanup or disposal
operations at Tustin Legacy. The Consultant agrees to cooperate to the
extent necessary in support of these operations, and will not interfere
with or hinder any such operations by the Navy.
1.9 Environmental Protection/Utility Provisions - The Consultant will
indemnify and hold harmless the Agency from any costs, expenses,
liabilities, fines, or penalties resulting from discharges, emissions, spills,
storage, disposal, or any other action by Consultant giving rise to
Agency liability, civil or criminal, or responsibility under Federal, State or
local environmental laws incident to this Agreement. Conditions or
activities giving rise to the aforementioned liabilities which occurred prior
to the onset of this Agreement, and are not a result of or related to any
action by Consultant, are not subject to this indemnification. This
provision will survive the expiration or termination of this Agreement and
Consultant's obligation hereunder will apply whenever the Agency incurs
costs or liabilities for Consultant's actions of the type described in this
subsection.
2. GROUNDS, BUILDINGS AND FACILITIES MAINTENANCE
The Consultant shall perform the following grounds, buildings, and facilities
maintenance as required to maintain a respectable appearance with highest
priority assigned to areas with highest visibility, to ensure adequate erosion
and sediment control as further defined in Section 3 below, to protect
property, for ground maintenance and maintenance of internal Navy access
routes safe and free of driving hazards, prevention of fire hazard build up in
landscaping and adjacent to facilities, weed abatement and removal, or other
services as ordered by the Agency.
2.1. Grass Cutting and Trimming
2.1.1. Grass/Vegetated areas shall be maintained within a height of
approximately eighteen inches (18"), with the exception that all
vegetated drainage channels shall be maintained at a maximum
height of six inches (6"), but mowed or disked no more than once
every other month from July 1 st to December 31 st and monthly from
January 1St to June 30th. There will be no irrigation on-site.
Adjustments to heights can be made with prior Agency approval.
Disking of open fields is recommended once a year on or around
June 1St. Some vegetation is expected to be kept in place to
prevent erosion. Grass clippings shall not be windrowed or
deposited in piles or clumps. Clippings shall be uniformly distributed
over the mowed area. Prior to mowing, the Consultant shall pick up,
remove, and dispose all rubbish, debris, and trash (which includes
but is not limited to leaves, paper, etc) within the maintenance area,
and all trash which is on or near fences and foundation walls.
Trimming around cultivated areas, fences, poles, walls, and other
similar objects is to be accomplished to meet safety and minimum
fire protection requirements.
2.1.2. Consultant shall perform the following hand weeding as needed to
comply with 2.1.1 above, or as otherwise noted:
2.1.2.1. Exterior perimeter;
2.1.2.2. Within a minimum of ten feet (10') of Navy remediation
equipment, including all wells, vaults, conveyance piping,
buildings, utility boxes, etc;
2.1.2.3. Along and in drainage channels and culverts, quarterly;
and,
2.1.2.4. Apply "Roundup" or similar weed killer to graded pads,
once yearly on or around September 1 st
2.2. Trash and Litter Policing — The Consultant shall perform regular policing
of Service Area to pick-up and remove all litter (e.g. trash, paper, dead
vegetation, limbs, etc.) not compatible with a well -kept property. Areas for
policing include all property within the Service Area with specific attention
and priority to areas with the highest visibility from the public right-of-way
(e.g. property perimeter, fence lines, etc). The Consultant shall provide
policing services during regular working hours using a vehicle configured
to minimize damage to grounds. All litter shall be collected and disposed
of by the Consultant consistent with Section 4.5.
2.3. Access Road Maintenance - The Consultant shall perform informal drive-
by inspections and provide minimum maintenance and dust control, as
necessary, for all drivable Navy access easements of record, in a safe
and drivable conditions within the Service Area. The Consultant shall
ensure that the subject areas are functional without large potholes,
surface breaks, and major cracks that would interfere with usability and
vehicular traffic, and make repairs as needed.
2.4. Secure Hangar 29 & Building 3000T - As required under the Navy ground
lease, until such time as they may be demolished, including:
2.4.1. Regularly inspect building exteriors not less than once a week to
ensure buildings are "buttoned -up" to minimize vandalism, including
weekly inspections of the structures and identification of any
trespassing, burglary, and/or vandalism activities. All doors and
windows shall be secured closed with the only points of
ingress/egress through controlled points of access.
2.4.2. Replace or install new plywood, as appropriate, or re -securing any
broken or windows or doors.
2.4.3. Reasonable fire prevention, as determined practical, in addition to
immediate notification of the Orange County Fire Authority by
dialing 911 for coordination of immediate response. Preventative
fire protection shall also include the monthly clearing of all dried
landscaping and brush within a minimum of fifty (50) feet of the
structures consistent with the Orange County Fire Authority Fuel
Modification Plans for non -irrigated zones, and ensuring
compliance with mowing standards in Section 2.1 above.
2.5. Fencing - Repair and maintain all perimeter fencing, existing "green
screen", gates, and locks. Repair and maintenance of fencing damaged
due to weather, vehicle accidents, vandalism, or other non-scheduled
fence repair/maintenance shall also be performed in accordance with the
established Emergency Response procedures.
2.6. Navy Equipment - Protect in place all Navy remediation and monitoring
system, including maintaining all existing protection measures (i.e.
fences, bollards, etc) around all existing Navy equipment within the
Service Area. Vegetation around all Navy equipment shall be maintained
as noted in 2.1 above.
2.7. Rock and Dirt Stockpile Protection — Protect the existing dirt and crushed
gravel stockpiles, located generally near the northeast corner of
Armstrong Avenue and future Warner Avenue, from wind and water
erosion and ensure compliance with applicable regulations, including from
the Air Quality Management District (AQMD).
3. EROSION AND SEDIMENT CONTROL
The Consultant shall perform Erosion and Sediment Control services per the
"Erosion/Sediment Control Plan for Tract No. 17026", dated August 10, 2007,
attached to this Agreement as Exhibit D and on file with the City of Tustin's
Public Works Department as a Municipal Fixed Facility, unless otherwise
directed by the Agency. The Consultant shall perform, at a minimum, the
following erosion and sediment control activities:
• Maintenance of drainage channels, culverts, and temporary desilting
basins, including "Temporary Desilting Basin 'A"' at the northeast
corner of Barranca Parkway and Red Hill. Maintenance includes, but
is not limited to:
o Hand weeding in accordance with Section 2.1 above,
o Policing and removal all litter and debris before and after rain
events.
• Maintain graded slopes, including future pedestrian bridge
embankments and interim earth swales, and control against erosion
• Install and maintain BMPs: sandbag barriers, temporary visqueen
spillways, temporary drain pipes and riser, check dams, stabilized
construction entrance(s), etc.
• Maintain access gates (gravel, shaker plates, street sweeping, etc)
4. MISCELLANEOUS SERVICES
4.1. Access/Security Services - The Agency may determine if separate
security services are deemed necessary to protect the Service Area;
however, the Consultant is expected to keep all perimeter gates locked
and the site secure while on-site. When it is safe to do so the Consultant
shall also stop any unauthorized vehicle or person and if the person(s)
are believed to be engaged in potential criminal activity or unwilling to
leave the site, the Consultant shall contact the Tustin Police Department
for appropriate response.
4.2. Key Control - The Consultant will provide a key control system consistent
with Attachment 2 of this Exhibit with which the Consultant will maintain
and control all keys, combinations, and other devices used to control
access to buildings, secured spaces, or restricted areas. Unless directed
otherwise by the Agency, the Consultant will prohibit the use of keys by
any person other than the Consultant's employees or subcontractors.
Extra duplicate copies of keys shall not be produced without Agency's
authorization. The Consultant will prohibit the opening of locked areas to
permit entrance of persons other than the Consultant's employees or
subcontractors engaged in the performance of assigned work in those
areas, or as required to promote reuse of the property. In the event
another party will be granted continuing access to facilities, the
Consultant will be advised in writing by the Agency of specific instructions
pertaining to the access rights.
4.3. Destructive Weather Plan - The Consultant shall provide required
personnel, management, equipment, and material for destructive weather
preparation and cleanup. The Consultant shall manage his work effort for
destructive weather preparation and identify additional items of work
necessary to minimize the damage incurred by destructive weather. The
Consultant shall use prudent and efficient judgment in identifying these
additional items of work. Destructive weather includes but is not limited to
gales, rainstorms, flooding, earthquakes and wind.
4.4. Animal Control - The Consultant shall remove any dead or dying animals
in accordance with local ordinances. Appropriate measures shall be taken
by Consultant to eliminate odors caused by the presence of dead rodents
or other animals. The Consultant shall coordinate with Orange County
Animal Control and/or the local animal shelter for any animals captured
on-site.
4.5. Refuse Collection And Disposal - The Consultant shall collect and
dispose of refuse, and other discarded wastes, resulting from Interim
Property Management operations. All work performed shall conform to
the requirements of all applicable Federal, State, and local regulations
pertaining to environmental protection and occupational safety and
health, and to the procedures and safety requirements as identified by the
City of Tustin. The Consultant shall be responsible for any permits or
fees associated with disposal.
5. CONTINGENCY
Recognizing there can be unknowns in performing the interim property
management services, a small contingency amount of up to 5% of the total
monthly estimates have been included to handle unforeseen expenses.
Additional services shall be performed as authorized in writing by the Agency
to the Consultant at a cost predetermined in writing by the Agency and the
Consultant on a time and material basis.
EXHIBIT A
Attachment 1
SERVICE AREA MAP
EXHIBIT A
Attachment 2
KEY CONTROL PLAN
Introduction
Exhibit A, Section 4.2 requires the establishment of a key control system with
which the Consultant will maintain and control all keys, combinations and other
devices used to control access to buildings, secured spaces, or restricted areas.
Key control is to be phased -in within 10 days of the execution of the Agreement.
Unless directed otherwise by the Agency, the Consultant will prohibit the use of
keys by any person other than the Consultant's employees and designated
persons listed on "Tustin Legacy Authorized Personnel List" on file at the City
Community Redevelopment Agency Office. The Consultant will prohibit the
opening of locked areas to permit entrance of persons other than the
Consultant's employees or subcontractors engaged in the performance of
assigned work in those areas, or to those persons listed on the "Tustin Legacy
Authorized Personnel List." In the event another party will be granted continuing
access to facilities, the Consultant will coordinate directly with the Agency to
obtain specific instruction of the Agency pertaining to the access rights.
Location: Consultant's trailer compound at Gate 7.
Assumptions:
• Vacant buildings will be locked with keyed -alike locks.
• A starting inventory of existing keys is available, but incomplete.
• Key control is a part-time effort.
Process:
Immediately upon execution of Agreement:
• Collect and inventory all existing locks and keys.
• Remove all locks as determined necessary by the Agency and replace with
new locks provided by the Agency.
• Prepare a digital key and lock inventory to be updated as needed.
• Provide inventory copies to the Agency.
On-going Responsibilities:
• Monitor all locks and promptly remove any unauthorized lock added by "daisy
chain" or other means.
• Key copies will be made available for checkout using a signed key request
and logbook entry system stating date, time, building number, name,
company, phone number and signature.
• The person with Key Control responsibility will follow up to retrieve keys that
are not returned within a reasonable time. Discrepancies will be noted and
reported.
SPECIAL REQUIREMENTS
1. CONSULTANT shall not release to the public or press any information
regarding the purpose/scope of services to be accomplished or data specific to
the project required under the Agreement without prior authorization from the
Contract Officer. All such information is considered confidential. All inquiries
made of CONSULTANT shall be immediately referred to the Contract Officer.
2. CONSULTANT shall present to the AGENCY certificates of insurance and
endorsement forms verifying that the CONSULTANT has the insurance as
required by this Agreement. Said form shall be reviewed and approved by the
office of the City Attorney of the AGENCY.
3. If the Contract Officer determines that a product deliverable is unacceptable,
CONSULTANT shall submit a revised product at CONSULTANT'S expense.
4. Monthly progress reports shall be submitted by CONSULTANT with billing
requests. At a minimum, these reports shall specify the period reported, tasks
completed, tasks underway, percent of project completed and strategies to
solve any timing delays.
5. CONSULTANT shall be required to meet with the Contract Officer and Project
Manager as determined necessary or desirable to discuss elements of the
Scope of Work and project's progress.
6. For the purposes of this Agreement, Christine Shingleton, Assistant City
Manager shall be the AGENCY's Contract Officer and Matt West shall be
Project Manager unless otherwise designated in writing by the City.
7. Nondiscrimination - CONSULTANT agrees that no person, on the grounds of
race, religion, color, national origin, sex or handicap, will be denied benefits
of, or otherwise be subjected to, discrimination in connection with
CONSULTANT's performance under this Agreement.
8. Environmental Protection/ Utility Provisions
A. CONSULTANT will indemnify and hold harmless the AGENCY from any
costs, expenses, liabilities, fines, or penalties resulting from discharges,
emissions, spills, storage, disposal, or any other action by CONSULTANT
giving rise to AGENCY liability, civil or criminal, or responsibility under
Federal, State or local environmental laws incident to this Agreement.
Conditions or activities giving rise to the aforementioned liabilities which
occurred prior to the onset of this Agreement, and are not a result of or
related to any action by CONSULTANT, are not subject to this
indemnification. This provision will survive the expiration or termination of
this Agreement and CONSULTANT's obligation hereunder will apply
whenever the AGENCY incurs costs or liabilities for CONSULTANT's
actions of the type described in this subsection.
B. CONSULTANT understands and agrees that there may be ongoing
Installation Restoration Program (IRP) projects or other Navy activities in
support of environmental cleanup or disposal operations at Tustin Legacy.
CONSULTANT agrees to cooperate to the extent necessary in support of
these operations, and will not interfere with or hinder any such operations
by the NAVY.
Should utility services be required by the NAVY in connection with
environmental remediation contracts within the Lease areas of the
SERVICE AREA, CONSULTANT shall work with the AGENCY to facilitate
the provision of utilities and services to the NAVY. If the AGENCY and
CONSULTANT are unable to locate a utility provider willing to take over a
particular utility system and the AGENCY requires CONSULTANT to
operate and maintain such system and subsequently determines to
disconnect service, the AGENCY and CONSULTANT shall work to provide
the NAVY with a minimum or 4 weeks prior to notice prior to disconnection,
unless there is an emergency disconnection. In the event such
disconnection will result in the termination of utility service necessary by
the NAVY to ensure the continuity of on-going environmental clean-up,
restoration, or testing activities, and the NAVY is unable to procure an
alternate source of such utilities within the notice period, the AGENCY and
CONSULTANT shall, to the maximum extent practicable, work with the
NAVY and utility providers to facilitate the provision of an alternate source
of such utilities.
9. Prevailing Wage
A. The City has obtained from the Director of Industrial Relations the general
prevailing rate of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to be
performed for each craft or type of work needed to execute this contract
and maintains copies thereof in the office of the City Engineer. The
Consultant agrees that not less than said prevailing rates shall be paid to
workers employed on this public works contract as required by Labor
Code Sections 1771 and 1774 of the State of California.
B. The Consultant shall, as a penalty to the City, forfeit Fifty Dollars ($50.00)
for each calendar day or portion thereof for each worker paid (either by
Consultant or any subconsultant or contractor) less than the prevailing
rate as prescribed in the preceding paragraph for the work provided for in
this contract, all in accordance with Sections 1774 and 1775 of the Labor
Code of the State of California.
C. Section 1773.1 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this contract.
D. Section 1777.5 of the Labor Code of the State of California, regarding the
employment of apprentices, is applicable to this contract if the prime
contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty
(20) working days or more and under such circumstances, Consultant
shall be fully responsible to ensure compliance with all the provisions of
Labor Code §1777.5 for all apprenticeable occupations on the project. A
Contractor or subcontractor who violates Section 1777.5 shall forfeit to the
City, as a civil penalty, the sum of Fifty Dollars ($50.00) for each calendar
day of noncompliance. Notwithstanding Section 1727 of the Labor Code,
upon receipt of a determination that a civil penalty has been imposed, the
City shall withhold the amount of the civil penalty from any compensation
payments then due or to become due. Any funds withheld by the City
pursuant to this section shall be deposited in the MCAS Tustin
Redevelopment Project Fund.
E. The Consultant shall not employ, or allow work to be performed by, a
subconsultant or contractor who is ineligible to perform work on the project
pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to
debarment by the Labor Commissioner for violations of the Prevailing
Wage Laws.
F. In performance of this Agreement, not more than eight (8) hours shall
constitute a day's work. The Consultant shall fully conform to Article 3,
Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of
the State of California. Pursuant to the provisions of Section 1813 of the
Labor Code of the State of California, the Consultant shall, as a penalty to
the City , forfeit twenty-five Dollars ($25.00) for each worker employed in
the execution of the Agreement by the Consultant or by any
subconsultant for each calendar day during which such worker is required
or permitted to work more than eight (8) hours in any one calendar day
and forty (40) hours in any one calendar week in violation of the provisions
of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the
State of California. Consultant shall keep an accurate record showing the
name and actual hours worked each calendar day and each calendar
week by each worker employed by Consultant in connection with the work
required by the Agreement.
G. Consultant agrees to keep accurate payroll records showing the name,
address, social security number, work classification, straight time and
overtime hours worked each day and week and the actual per diem wages
paid to each journeyman, apprentice or worker employed by him in
connection with the work required by the Agreement, and agrees to insist
that each of his subconsultants or contractors do the same. Consultant
further agrees that his payroll records and those of his subcontractors
shall be available to the employee or his representative, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship
Standards, and shall comply with all of the provisions of Labor Code
Section 1776, et seq., in general.
H. Consultant is also aware of the provisions of Section 3700 of the Labor
Code which requires every employer to be insured against liability for
Worker's Compensation or undertake self-insurance in accordance with
the provisions of that code and will comply with such provisions before
commencing the performance of the work under the Agreement.
EXHIBIT C
SCHEDULE OF COMPENSATION
1. Compensation - As compensation for the Consultant's services under this
Agreement, the Agency shall pay the Consultant monthly on an actual time
and materials basis not to exceed the fixed amount as shown in Attachment
1 of this Exhibit, and as such monthly estimates are justified in Attachment 2.
2. Compensation for Additional Services - In the event the Agency requires
services in addition to those described in Exhibit A "Scope of Services", said
services must first be approved in writing by the Contract Officer. The
Consultant shall be compensated at the Consultant's standard hourly rates
for professional services, plus reimbursement of expenses or a fixed amount
agreed to in writing by the Agency and Consultant.
3. Method of Payment - As a condition precedent to any payment to Consultant
under this Agreement, Consultant shall submit monthly, to the Agency, a
statement of account which clearly sets forth by dates the designated items
of work, as well as reimbursable expenses, for which the billing is submitted.
The payment request shall identify each task required by the Agreement,
amount of actual reimbursable expenses and requested amount to be billed
against each task. Payment requests shall not exceed costs identified for
each task in Consultant's proposal included as Exhibit A unless provisions of
Section 4.5 of the Agreement have been followed.
4. Timing of Payment - The Agency shall review Consultant's monthly
statements and pay Consultant for services rendered and costs incurred
hereunder, at the rates and in the amounts provided hereunder, on a
monthly basis in accordance with the approved monthly statements.
5. Advance Agreements on the Allowability of Cost - No cost incurred by
CONSULTANT which is contrary to any restriction, limitation, or instruction
contained in the Budget in Exhibit "C" of this Agreement, or which
otherwise has not been specifically approved in writing in advance by the
Agency, will be allowable.
Attachment 1 to this Exhibit identifies the "Estimated Monthly Budget" directly
corresponding to the sections in Exhibit A "Scope of Services". The monthly
costs shall be a not -to -exceed amount with actual amounts paid based upon
monthly invoices based on times and materials corresponding to the agreed
line items in Attachment 2 "Estimated Monthly Budget Line Items."
EXHIBIT C
Attachment 1
Schedule of Compensation
ESTIMATED MONTHLY BUDGET ITEMS
Scope of Work Item
Fee
Basis
Estimated
Cost/Month
805 Acres)
1.0 Management & General Requirements
T&M
$3,400
2.0 Grounds, Building & Facility Maintenance
T&M
$10,639
3.0 Erosion and Sediment Control
T&M
$19,322
4.0 Miscellaneous
T&M
$600
Subtotal
$33,961
5.0 Contingency
5% of
Subtotal
$1,700
Total Not To Exceed Monthly Billable Amount
$35,661
(1) All line items are not -to -exceed billable amounts. Consultant shall provide
documentation and billing support information for each line item when billing is
requested. The Agency may adjust billing items between categories in
consultation with the Consultant to reflect actual field needs so long as the not -to -
exceed amounts for the whole of the items is not exceed.
(2) The methodology for determining actual time and material billings for
submittal of each of the general line items noted above in Attachment 1 shall be
based on Attachment 2.
EXHIBIT C
Attachment 2
Schedule of Compensation
ESTIMATED MONTHLY BUDGET LINE ITEMS
1.0 MANAGEMENT AND GENERAL REQUIREMENTS
Proposed method of accomplishment: The Consultant will have a working
supervisor on-site during working hours that will provide site presence, incidental
inspection and overall direction of the property management and caretaker
maintenance crew. Most of the administrative activities will take place in the
office of the Consultant located at Gate #7 at Tustin Legacy.
A. Management and Administration Labor Estimate
Costs for the management and administration of this Agreement, including
employee oversight, are included as part of the Overhead in the labor rates in
Sections 2, 3, and 4. Costs to maintain a supervisor on-site during working hours
when no other work is being performed is noted as a separate line item, which is
not subject to prevailing wage requirements.
Management/Administration: Costs per Month:
Management/Agreement Administration Included in Overhead
On -Site Supervisor (Foreman) 40 hrs @ $60/hr = $2,400
Average Estimated Monthly Subtotal = $2,400
B. Work -space costs, Materials, and Equipment Estimate
The Consultant will provide and occupy temporary construction trailers at Tustin
Legacy Gate #7 within the Service Area for use as administrative space to house
work -center types of activities and equipment as needed. These spaces will
contain all materials and equipment necessary perform the duties in Section 1 of
the Scope of Services (Exhibit A of the Agreement), including but not limited to:
workspace costs (e.g., office space, office supplies, computer equipment,
telephones, radios, utilities, etc. Costs for these items are included as part of the
Overhead in the labor rates in Sections 2, 3, and 4. Costs for the trash
dumpster, toilets, and utilities will be reimbursed separately.
Item: Costs per Month:
Construction Trailer Yard (All Inclusive) Included in Overhead
40 Yard Dumpster, 2 Portable Toilets, and Utilities
Per Month = $1,000
Average Estimated Monthly Subtotal = $1,000
C. Average Estimated Total Cost per Month:
- Management and General Requirements $3,400
D. Rationale
The Consultant's staff will update work plans and coordinate Consultant's
implementation of Scope of Services requirements, including process billing and
payments, monitor budget execution and financial management, manage any
technical library and records, and perform other duties required by Exhibit A.
2.0 GROUNDS, BUILDINGS, AND FACILITIES MAINTENANCE
Proposed method of accomplishment: The plan for this activity is to
accomplish grounds, buildings, and facilities maintenance, incidental drive-by
inspections and minimal pest control. If any outside consultants or contractors
are envisioned they are identified herein. Materials and equipment directly
related to performing the work in Section 2 of the Scope of Services are identified
below.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) +
Employer Payments (Min. Prevailing Wage Rate) + Overhead
(Management Services per Section 1.0) + Profit.
For grounds, building, and facility maintenance labor the following work load by
labor position, hourly rate, estimated workload and cost per hour are identified.
Average Estimated Monthly Subtotal = $5,840
B. Equipment Estimate of the Most Commonly Used Items (e.g.
stake bed truck w/ hand tools, bobcat, tractors, mowers, pumps,
etc.). All equipment rates include: delivery and pick-up fees, fuel,
insurance, and maintenance costs.'
Item:
Costs per Month:
AG Tractor w/ 12"' Disc
Minimum Prevailing Wage Rate
(Per Labor Code Part 7, Chapter 1,
Labor
Hourly
Estimated
Estimated
Position
Rate
Hours/Month
Cost/Month
Article 2, Sections 1770, 1773, 1773.1)
Basic
Employer
Total
Hourly
Payments
Laborer
$60
30
$1,800
$24.47
$15.07
$39.54
Foreman
Equipment
$68
30
$2,040
$28.64
$18.57
$47.21
Operator
Laborer
$40
50
$2,000
$8.00
$0.22
$8.22
Average Estimated Monthly Subtotal:
$5,840
N/4
N/A
N/A
Average Estimated Monthly Subtotal = $5,840
B. Equipment Estimate of the Most Commonly Used Items (e.g.
stake bed truck w/ hand tools, bobcat, tractors, mowers, pumps,
etc.). All equipment rates include: delivery and pick-up fees, fuel,
insurance, and maintenance costs.'
Item:
Costs per Month:
AG Tractor w/ 12"' Disc
$661/day x 3 days
= $1,983
Bobcat w/ Mower
$560/day x 3 days
= $1,680
Utility Dump
$ 70/day x 3 days
= $210
Weed Whacker
$ 40/day x 3 days
= $120
Average Estimated Monthly Subtotal = $3,993
C. Materials Estimate (e.g. fencing, green screen, plywood, etc.) per
the attached fee schedule.
Item: Costs:
Miscellaneous Materials Per Month $506
Water Meter Per Month $300
Average Estimated Monthly Subtotal = 806
D. Average Estimated Total Cost per Month:
- Grounds, Buildings, and Facilities Maintenance $10,639
E. Rationale
The resources applied to the grounds function will eliminate tall weeds and
their associated fire hazards in and around buildings, including
maintaining an acceptable level of appearance for the site consistent with
Exhibit A "Scope of Services" of this Agreement, clarified as follows: All
growth areas are non -irrigated but mowed at a seasonally adjusted
frequency to maintain various acceptable vegetation heights and
appearance, e.g., high visibility areas more frequent, lower height; open
fields less frequent mowing higher growth allowed.
Work also includes minimum maintenance/repair of Navy access roads,
maintenance/repair of fencing, securing Hangar 29 and Building 3000T as
needed to minimize vandalism, trespassing, and burglary. Other work
items also include regular policing of the site collecting trash and refuse,
and protecting in place Navy equipment the existing dirt and rock piles.
'If other equipment items are necessary the costs associated with these items shall be
as shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the
not to exceed monthly costs as shown in Attachment 1 of Exhibit C.
3.0 EROSION AND SEDIMENT CONTROL
Proposed method of accomplishment: Perform regular erosion and sediment
control activities, including clearing drainage ditches of weeds to six inches (6") in
height, preventing blockages and debris, using primarily hand tools. Also
maintain erosion and sediment control Best Management Practices per the
approved Erosion Control Plan attached as Exhibit E to this agreement, including
inspections before, during and after rain events.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) +
Employer Payments (Min. Prevailing Wage Rate) + Overhead
(Management Services per Section 1.0) + Profit.
For erosion and sediment control labor the following work load by labor position,
hourly rate, estimated workload and cost per hour are identified.
Average Estimated Monthly Subtotal = $8,040
B. Equipment Estimate of the Most Commonly Used Materials
(e.g. bobcat loader, pumps, etc.) All equipment rates include: all
applicable delivery and pick-up fees, fuel, insurance, and
maintenance costs.'
Item: Costs: (Avg. 4 daily uses/month)
Bobcat Loader $408/day x 4 days = $1,632
Two 6" Pumps w/ Hoses $700/day x 4 days = $2,800
Four 4" Pumps w/ Hoses $800/day x 4 days = $3,200
Four 3" Pumps w/ Hoses $400/day x 4 days = $1,600
Average Estimated Monthly Subtotal = $9,232
C. Materials Estimate (e.g. BMPs: sandbags, visqueen, straw
wattles, etc.) per the attached fee schedule.
Minimum Prevailing Wage Rate
(Per Labor Code Part 7, Chapter 1,
Labor
Hourly
Estimated
Estimated
Position
Rate
Hours/Month
Cost/Month
Article 2, Sections 1770, 1773, 1773.1)
Basic
Employer
Total
Hourly
Payments
Laborer
$60
50
$3,000
$24.47
$15.07
$39.54
Foreman
Equipment
$68
30
$2,040
$28.64
$18.57
$47.21
Operator
Laborer
$40
75
$3,000
$8.00
$0.22
$8.22
Average Estimated Monthly Subtotal:
$8,040
N/A
N/A
N/A
Average Estimated Monthly Subtotal = $8,040
B. Equipment Estimate of the Most Commonly Used Materials
(e.g. bobcat loader, pumps, etc.) All equipment rates include: all
applicable delivery and pick-up fees, fuel, insurance, and
maintenance costs.'
Item: Costs: (Avg. 4 daily uses/month)
Bobcat Loader $408/day x 4 days = $1,632
Two 6" Pumps w/ Hoses $700/day x 4 days = $2,800
Four 4" Pumps w/ Hoses $800/day x 4 days = $3,200
Four 3" Pumps w/ Hoses $400/day x 4 days = $1,600
Average Estimated Monthly Subtotal = $9,232
C. Materials Estimate (e.g. BMPs: sandbags, visqueen, straw
wattles, etc.) per the attached fee schedule.
Item: Costs (Purchased Annually):
Straw Wattles Avg. per Month = $1,100
Visqueen Avg. per Month = $ 200
Dirt Bags Avg. per Month = $ 500
Gravel Bags Avg. per Month = $1,250
Average Estimated Monthly Subtotal = $2,050
D. Average Estimated Total Cost per Month:
- Erosion and Sediment Control $19,322
E. Rationale
The resources applied to the erosion and sediment control will include all
necessary labor, equipment, and materials to comply with the "Scope of
Services" and the approved "Erosion and Sediment Control Plan" attached
as Exhibits A and E, respectively, of this Agreement. It is anticipated that
erosion and sediment control needs will fluctuate during the year differingy
primarily between the "rainy season" from October 1St through April 30t
which will have a higher demand on labor and materials with a lower
demand from May through September.
'If other equipment items are necessary the costs associated with these items shall be
as shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the
not to exceed monthly costs as shown in Attachment 1 of Exhibit C.
4.0 MISCELLANEOUS
Proposed method of accomplishment: Perform miscellaneous services,
including coordinating site access control and minimal security services, key
control, management and provision of a destructive weather plan, and animal
control.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) +
Employer Payments (Min. Prevailing Wage Rate) + Overhead
(Management Services per Section 1.0) + Profit.
For miscellaneous labor the following work load by labor position, hourly rate,
estimated workload and cost per hour are identified.
Average Estimated Monthly Subtotal = $ N/A
B. Equipment Estimate of the Most Commonly Used Materials All
equipment rates include: all applicable delivery and pick-up fees,
fuel, insurance, and maintenance costs.'
Item: Costs:
$ /mo = $ N/A
$ /mo = $ N/A
C. Materials Estimate
Item: Costs:
Misc. (Keys, Locks, Chains, etc.) Per Month 600
D. Average Total Cost per Month:
- Miscellaneous 600
Minimum Prevailing Wage Rate
(Per Labor Code Part 7, Chapter 1,
Labor
Hourly
Estimated
Estimated
Article 1773, 177
Position
Rate
Hours/Month
Cost/Month
Basic
Employer
Hourly
Payments
Total
Laborer
$60
N/A
N/A
$24.47
$15.07
$39.54
Foreman
Equipment
$68
N/A
N/A
$28.64
$18.57
$47.21
Operator
Laborer
$40
N/A
N/A
$8.00
$0.22
$8.22
Average Estimated Monthly Subtotal:
N/A
N/A
N/A
N/A
Average Estimated Monthly Subtotal = $ N/A
B. Equipment Estimate of the Most Commonly Used Materials All
equipment rates include: all applicable delivery and pick-up fees,
fuel, insurance, and maintenance costs.'
Item: Costs:
$ /mo = $ N/A
$ /mo = $ N/A
C. Materials Estimate
Item: Costs:
Misc. (Keys, Locks, Chains, etc.) Per Month 600
D. Average Total Cost per Month:
- Miscellaneous 600
E. Rationale
The resources applied to the miscellaneous services will include all
necessary labor, equipment, and materials for any miscellaneous services
required per the "Scope of Services" attached as Exhibits A that are not
include in Sections 2 and 3. For example, it is anticipate minor
miscellaneous materials would be associated with installing, repairing, and
maintaining facility security mechanism (e.g. keys, locks, chains, etc.).
'If other equipment items are necessary the costs associated with these items shall be
as shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the
not to exceed monthly costs as shown in Attachment 1 of Exhibit C.
5.0 CONTINGENCY
Proposed method of accomplishment: Recognizing there are many
unknowns, small contingency amounts up to 5% of the sub -total (or $33,961)
have been included to be used in handling unforeseen expenses. These
amounts are included in the individual performance line items listed above and
shall be billed when authorized in writing by the Agency on a time and materials
basis not to exceed the total contingency amount.
A. Average Total Cost per Month:
- Contingency $1,700
TOM BISTLINE CONSTRUCTION, INC.
LABOR AND EQUIPMENT RATES
EXHIBIT C
Attachment 3
Schedule of Fees
LABOR:
1,=\110RER FORFMAN 3ho.00i11R.
FOI I IPMFN"I OPE R A"EOR 568,00 11 R.
I A110RFR $40.00/HR
S FAKE13Gl) TRUCK W'I IAND TOOLS (10 ACCOMPANY CREW) S120.00,DAY
FOI:IPMENT, NON -OPERATED:
COMPRI-.SSOR, 105 CFM W/50' IIOSF:
$I 10.00/ DA
JACK I IA.MMER, 900 W/ BEES
S44.00/DAY
I ANIP (POWDER -PUFF)
54100/DAY
(J Ati SPADE
S42.001)AY
PNF(1MA 11(' IIOSF. 5(1'
S'10,00, DAY
WACKF.R COMPACT 0R
$9S,OO/DAY
PI.A I F COMPACTOR
$0)2.00/1)AN'
S4" PADF00I COMPAC l0R(0S)
$390.00/DA},
RAM -FX COMPACT OROS)
S250.00/DAY
CFvIl NI MIXER. 111,F( IRIC
$36_ooiDAY
GENERA TOR, 4 K.W.
$52.I9YDAY
OXY-ACFTYITNF. RIG
$55.00/DAY
6" TRASH PUMP, 50' DISCHARGE: IIOSE (40,000 g.p.h.)
$215.001D:1Y
4" FRASII PUMP, 50' DISCHARGE IIOSF: (30 X)O g.p.h.)
SI 15.00/DAY
3" 1 RASH Pt' NP, 50' DISCHARGE; HOSE (20.000 g.p.h.)
S91.0o/DAY
2" 1 RAST E PI1MP, 50' DISCHARGE HOSE ( 10,000 g.p.h.)
S65.00,'DAY
DISCIIARC;E HOSE. 3" - 50'
S9.00;'DAt'
I)IS(.I IARG1' HOST. 4" - 5O'
S 11.001DAY
DISCHARGE HOSE. 6" - 50'
S 1 13 00 DAY
FLOOD HOSF, 1 lit" �O'
S9-OWDAY
MINI -PUMP, I:EECYRIC OR GAS
S3�.IHVDA},
POST RAMMER, PNFUMAI IC
;67.())/DAY
(iRINDER, IIAND 111-11,1)
S35.50IDAY
GRINDER.I-LOWI.INF
S190.0U'DAY
DFMO-HAMMER, FI FICTRIC
$56Oo,,DAY
RO H M IAMMFR, FI.FC I RIC
$45-OO,'DAY
CONCRF:FF SAW W,DIAM.RI.ADF.
S116,00,'DAY
PRESSURE WASHER
$83.(ArDAY
F1'Sl IION RF.NIALWIPF.)(OS)
$187.(NuDAY
I(ONDA M1ILF, 4 W'HLF1, DRIVE
S14(00J)AY
BRUSH (VI IFR. ELAND HELD
$33,1x)/DAY
ER, III:AVY DUY WALK 1311IND
MU SH (("ETI
$100fq)/DAY
IRLNUIILR(DI'l(IUWI1CH}(OS)
$245_OO/ )AY
I RAFFW ( ON II(OL(SIGNS,DI:LINT:A IORSxi)SI
S Ot 001DAY
ARROW BOARD RFN IAL
SloO.00 DAY
Di All' ERUCK, 7-9 YARD
S4() (10'IfR
SKIPLOADI,R. 4 WHEEL DRIVE
$60.00i1(R
SKIP/Dl JMP ('OMBO
570.00 I IR,
MMCA"I 1 ( RACKS)
$5LORM
13ORCA I ( FRACKS) W/ATEACHMENIS (M(WI:.RAUGER, I'll I FR)
S94.(XP IIR
t,' l 11 11 Y DGMP. HYDRAULI(
$75/DAY
33002 Palo Alto St., Dana Point, Calif., 92629 (949) 496-6747 (fax) 496-3474
Ca. St. Lic. 479384
TOM BISTLINE CONSTRUCTION, INC.
LABOR AND EQUIPMENT RATES
Lot!IPMENT, OPERATED:
WAII�RFRIICK,OITR. (2(H)(KIALLON') $IOS,W,I(R.
621 LOADER $140 00;1 IR
SKIPI OADLR, 4 W'11EE:1. DRIVE: $13 1) 00,11R
IWIWAT, TRACK (wrattachmcnts 533.i0br) $120.00, HR
M MP IRI ICK, 7-9 YARD $1 M 004HR
S IREFT SWFITERS, BACK IOFS, FWAVA FORS, S( RAPERS (OS)AV X I I A14LE I IPON RF.QI_'FS I
NOEFS I HF AROVF NON-OPERA'I'Fl) F:Ql1IPM1'NT h1US"F 13F A I"FENDED HY 1)1-:I2SONNF:1.
F.MPLOYE.D BY T'OM F3IS"FI,INE CONST'RU('71ON, INC'.
i 1IOU It :MINIMUM ON ALL OPIRA I 1-1) E:QUIPMFN"1'.
F:QUIPME:NT. MA 11.S OR SE_RVICFS FROM OUISIOF: SO(JR(TS 10 BI-: (AIARGFD A I INVOICE;
PLUS 15%. IN ADDITION TO ANY DF:LIVER Y/IJWK IIP C11R61-:S.
PREVAILING WA61 NO"IT'S: LABOR RA"FLS ARF ALI_ WITHIN CALIFORNIA PROVISIONS OF 1711-: LABOR
CODES APPI,ICAKLE: FO 1111; PAYMFN"F OF PRFVAII.ING WAGES.
(()ti) 01 i FSIDF; SOI IR( F.— III FSF COS IS CAN 131:: RAISED A F .ANY GIVIN L IMI DIT TO PRF.V;11I.IN(1 ('t )S F
IN(_'RI ASLS.
I FFEC-1 IVF: JULY 1, 2010
33002 Palo Alto St., Dana Point, Calif., 92629 (949) 496-6747 (fax) 496 -347 -
Ca. St. Lie. 479-184
EXHIBIT D
SPILL CONTINGENCY AND HAZARDOUS MATERIALS
RESPONSE PLAN
1.0 Introduction
Title 40, Code of Federal Regulations Part 112.7(d) and California Code of
Regulations Title 22, Division, 4.5, Chapter 15, Article 4, Section 66265.51
requires that a spill contingency plan (SCP) be prepared to minimize hazards to
human health from any unplanned sudden or non -sudden release of hazardous
waste or hazardous waste constituents to air, soil, or surface water. A Spill
Contingency and Hazardous Materials Response Plan presents the procedures
for responding to hazardous waste, fuel and other chemical spills and is in
accordance with Federal, State, and Navy regulations and the Lease In
Furtherance of Conveyance ("LIFOC") at Tustin Legacy between the City of
Tustin and the Department of the Navy. This Spill Contingency and Hazardous
Materials Response Plan applies to the Navy LIFOC property ("LIFOC
Premises") as shown on the Service Area Map and all property owned by the
City.
Generally, the City's leasing and subleasing of property within the LIFOC
Premises is not expected to result in the handling of waste, fuel, oil or other
chemical hazardous substances, while the CONSULTANT is expected to be
handling some of these materials in small amounts. In its overall scope of
responsibilities, the CONSULTANT could be both an accidental spill generator
and spill cleanup resource. A spill could occur in uncontrolled areas during the
transfer of hazardous materials or waste at Tustin Legacy. In addition, failure of
spill control facilities could result in a discharge on the Leased Premises and
easements.
2.0 Emergency Coordinators
In the event any hazardous wastes are handled on Tustin Legacy, the City will be
required to have, at all times, at least one employee or contractor either on the
facility or on call, with the responsibility for coordinating all emergency response
measures. The emergency coordinator must be thoroughly familiar with all
aspects of the contingency plan for the Leased Premises, all operations and
activities at the facility, the location and characteristics of waste handled, the
location of all records within the facility, and the facility layout.
The Table 1 in Attachment 1 of this Exhibit is the current list of individuals
responsible to be emergency coordinators during an emergency event both on
and off the Leased Premises, or as may be updated by the Contract Officer.
3.0 Coordination
Coordination among the various emergency coordinators noted above is
imperative to ensure the proper and complete response to a spill or emergency
event. Orange County Fire Authority (OCFA) will take the lead on this
coordination once contacted by a City of Tustin On -Site Coordinator. The OCFA
will provide necessary equipment and personnel for the on -scene operations
team if it is determined that Sub -lessee and the City or its contractors cannot
handle a situation. In rare circumstances such as a hazardous waste spill
associated with another type of emergency (i.e. earthquake), support from State
and Federal agencies will be solicited. These agencies may include the
California Department of Toxic Substances Control, the National Response
Center, and the Environmental Protection Agency.
4.0 Emergency Response Equipment
The CONSULTANT will be responsible for acquiring and maintaining its own spill
control equipment for handling oil, chemicals or other hazardous waste. A list of
spill control equipment (e.g. Safestep or similar liquid absorbing material) will be
maintained by the CONSULTANT and each subcontractor that will be handling
any chemicals and other hazardous waste as shown as Attachment 2.
5.0 Emergency Response Notifications
Spills are discovered by casual observation, part of a routine investigation, or
during handling or use. The primary responsibility of the discoverer of the spill is
to notify the appropriate personnel who are trained and equipped to deal with the
emergency. The discoverer will immediately notify the OCFA as identified in
Section 2, above for all spills within Leased Premises and easements. The
OCFA will notify:
➢ The Property Management Contractor (see section 2, above)
➢ Tustin Police
➢ City of Tustin Contact (see Section 2, above)
➢ Navy Coordinator (see Section 2, above) for LIFOC areas and areas in
Federal Gov't ownership
➢ State or Federal agencies as applicable
The OCFA will make a determination of the size and extend of the situation, and
pursue further notifications, if necessary. Agencies to be notified, and the criteria
for doing so, followed.
Local Agencies
Orange County Sanitation District: (714) 962-2411 or 3301 if a spill enters
the sewer system.
South Coast Air Quality Management District: (909) 396-2000 or (800)
572-6306 if a spill could impact air quality.
Orange County Health Care Agency: (714) 667-3700 if additional health
care, beyond what can be provided by MCAS Tustin, is necessary, or if a
risk to human health exists off -Station.
Orange County Emergency Management Division: (714) 834-7255 if a
spill affects areas outside the Leased Premises and easements boundary.
Tustin Police Department: Dispatch (714) 573-3225 (or dial 911).
Orange County Fire Authority (OCFA) Dispatch: (714) 744-0516
State Agencies
Regional Water Quality Control Board, Santa Ana Region: (909) 782-
4130 if a spill has affected, or may affect, surface or groundwater.
Department of Toxic Substances Control: (714) 484-5451 if a spill
threatens or may threaten human health or the environment, of if a
reportable quantity (see USEPA information listed below) has been
released as discussed in the facility's hazardous waste facility permit.
Office of Emergency Services: (800) 852-7550 or (916) 262-1621 if threat
to human health or welfare exists.
Poison Control: (800) 876-4766.
Federal Agencies
National Response Center (NRC): (800) 424-8802 whenever more than
100 -gallon occurs, regardless of location or hazard. The NRC will notify
other appropriate agencies and implement the National Oil and Hazardous
Substances Spill Contingency Plan.
USEPA: (415) 744-2200 if a spill threatens or may threaten human health
or the environment, or if a reportable quantity has been released as
discussed on the facility's hazardous waste facility permit. A List of
Hazardous Substances and Reportable Quantities (40 CFR Part 302,
Table 302.4) can be found at the U.S. Environmental Protection Agency's
website at http://www.epa.gov/aboutepa/region9.html or obtained by
calling the Environmental Protection Agency's CERCLA Hotline at 1-800-
424-9346.
6.0 Emergency Response Procedures
The following steps will be taken when encountering a spill, uncontrolled
discharge, or a fire within the Leased Premises.
Step 1. Initial Response Actions
The discoverer of the spill or fire will immediately notify the OCFA of the
presence of hazardous substances and potential fire hazards at the site.
The nature and location of the incident, as well as any information
regarding injuries or threat or injure to human health or environment will
be reported.
Individuals trained in spill response (CONSULTANT, subcontractor, OCFA
and others) will attempt to contain the spill or extinguish the fire using spill
kits, fire equipment, and other emergency equipment located in the
immediate vicinity of the spill or fire.
The OCFA will begin notifying the appropriate agencies and personnel as
discussed in Section 5.0.
Other personnel will evacuate to a prearranged location and await
instructions from the OCFA, if necessary.
The OCFA will initiate a preliminary assessment to evaluate the
magnitude and severity of the discharge or threat to public health or
environment, assess the feasibility of removal, and determine the potential
responsible part's ability to perform a proper response, and determine if
additional response actions are necessary. The assessment may include
collection and review data such as site management practices,
photographs, and interviews.
Step 2: Response Team Activation
The OCFA will determine if the On -Scene Operations Team can handle
emergency response. If emergency response actions are undertaken by
the City, its contractor or by the Sub -lessee Tenant, then the OCFA will
provide surveillance and any requested assistance. If not, then the OCFA
will initiate action to eliminate the hazard.
Defensive actions will begin as soon as possible to prevent or minimize
damage to public health or the environment. All sources of sparks or
flames will be eliminated, floor drains will be closed, and physical barriers
will be utilized to prevent a spill from entering drains, steams, and
drainage ditches.
Spills flowing in the drainage ditch shall be deterred by use of commercial
absorbent booms stretched across the waterway, or by blocking drainage
or runoff pipes. Stabilized straw bales or chicken wire wrapped with
absorbent material may be substituted when commercial booms are not
available.
Step 3: On -Scene Operations Response
If the On -Scene Coordinator cannot handle the emergency response with
support from City's CONSULTANT the On -Scene Coordinator will
summon assistance from the resources identified in Section 2. The OCFA
will respond to a hazardous spill emergency by performing any or all of the
following tasks:
➢ Removing spilled material by pumping into salvage tanks.
➢ Controlling vapor clouds with a fine water spray.
➢ Keeping tanks with flammable material cool with water.
➢ Applying soil, blankets, foam, carbon dioxide, or dry chemical
extinguishers to fight fires.
Step 4: Activities Following an Emergency Response
Depending on responsibility for the spill, either the On -Scene Coordinator
or the CSO will ensure that contaminated equipment, soil, and water are
disposed of at permitted disposal facilities.
The Caretaker Site Office (CSO) will determine if the CONSULTANT's
spill prevention and contingency plans need to be reviewed and revised to
address future events. The CSO is the Southwest Division, Naval
Facilities Engineering Command office that manages all portions of the
Base that remain within the Government's responsibility in a caretaker
status until disposal.
The CONSULTANT will prepare a spill report for City acceptance and the
City will submit it to the CSO.
During an emergency response, a site will be controlled to prevent or reduce the
possibility of exposure to contaminants and the transport of hazardous
substances from the site. Zones will be established in which prescribed activities
will occur.
Exclusion Zone: The innermost area where the contamination exists or
could be expected to occur. Only authorized personnel are permitted in
this zone. All investigation and remediation activities occur in this zone.
Appropriate personal protective equipment would be donned prior to
entering this zone, and removed prior to entering the Support Zone.
Contamination Reductions Zone: Surrounding the Exclusion Zone, this
zone provides a transition area between contaminated and clean areas.
Decontamination of personnel occurs within this zone.
Support Zone: The outermost area where no contamination exists. This
zone is used for authorized observation of remediation activities,
documentation of events, and oversight activities. Contaminated or
potentially contaminated equipment and personnel are not permitted
within this zone.
7.0 Medical Emergency Response
If a severe physical or chemical injury occurs, Orange County Fire Authority
Station personnel should be summoned for emergency medical treatment and
ambulance service by dialing 911. Minor injuries can be treated on site by
qualified first-aid and CPR providers. If additional treatment beyond first aid is
required, the injured person(s) will be transported to a local hospital. Orange
County Fire Authority Station ambulance service personnel should be
determining the hospital destination depending upon the nature and severity of
the injuries suffered. However, a Hospital Route Map is provided as Attachment
3.
If an exposure to contaminants occurs, the following general "first response"
guidelines will be used:
■ Contact/Absorption: Apply large amounts of distilled or tap water to flush
contaminants from the skin for at least 20 minutes. Start flushing while
removing contaminated clothing. If irritation persists, repeat flushing.
Assess the condition of the individual and transport to a medical center if
necessary. Do not transport the victim unless the recommended flushing
period is completed or unless otherwise directed by responsible Orange
County Fire Authority emergency personnel.
■ Inhalation: Move the victim immediately to an area providing fresh air.
Provide decontamination and artificial respiration if necessary. Assess the
condition of the individual and contact the Orange County Fire Authority
for an emergency response if necessary. Transport the victim to a
medical center if necessary.
■ Ingestion: Immediately contact the local poison control center and Orange
County Fire Authority. Treat the victim as directed by poison control
center personnel at 1-800-876-4766 or the Orange County Fire Authority,
as appropriate.
EXHIBIT D
Attachment 1
Table 1
Emergency Coordinators
On -Scene Coordinators Phone No. Other
Orange County Fire Authority
Dispatch Center (714) 744-0516
Disposal Control Service (800) 929-3274
City of Tustin
300 Centennial Way, Tustin, CA 92780
Christine Shingleton, Asst. City Manager(714) 573-3107 Cell (714) 656-7036
("Contract Officer") Fax (714) 838-1602
Jason Churchill, Field Services Manager(714) 573-3355 Cell (714) 552-5060
Matt West, RDA Project Manager (714) 573-3116 Fax (714) 669-0976
On -Site Security Company
Tustin Police Department
--
(Watch Commander) (714) 573-3220 911
Interim Caretaker/ Property Management Contractor ("Consultant")
Tom Bistline (949) 496-6747 Cell: (949) 795-
7523
Fax: (949) 496-
3474
On-site supervisor: Art Rubio, Bistline (949) 283-4447
Navy Coordinator - Caretaker Site Office, Box 444, East Irvine, CA 92650
(Federal Government owned areas only)
Ron Johnson (619) 572-1403
Ed Nunn (619) 572-1404
EXHIBIT D
Attachment 2
Spill Control Equipment
At a minimum, the following equipment and materials will be maintained by the
Consultant for use during spill response activities:
■ Absorbent pads
■ Granular absorbent material
■ Polyethylene sheeting
■ 55 gallon drums
■ shovels and assorted hand tools
EXHIBIT D
Attachment 3
Hospital Route Map
[INSERT HOSPITAL ROUTE MAP]
EXHIBIT E
EROSION CONTROL PLAN
(Dated: August 10, 2007)
[INSERT EROSION CONTROL PLAN]
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