HomeMy WebLinkAbout07 APPROVE CONSULTANT SERVICE AGMT FOR PROFESSIONAL SERVICES FOR TUSTIN LEGACY•
AGENDA REPORT Reve elm 7
City Manager
Finance Director
MEETING DATE: NOVEMBER 16, 2010
TO: DAVID C. BIGGS, EXECUTIVE DIRECTOR
FROM: PUBLIC WORKS DEPARTMENT AND REDEVELOPMENT AGENCY
SUBJECT: APPROVE CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL
ENVIRONMENTAL SUPPORT SERVICES FOR TUSTIN LEGACY
SUMMARY
Approval is requested of a Consultant Services Agreement to provide for environmental support
services for completion and coordination of certain environmental assessment efforts at Tustin
Legacy as they may affect infrastructure projects at Tustin Legacy.
RECOMMENDATION
It is recommended that the Redevelopment Agency:
1. Approve a Consultant Services Agreement (CSA) with Pacific States Environmental
Contractors, Inc. for the provision of environmental support services for Tustin Legacy, subject
to any non-substantive modifications as may be determined necessary as recommended by the
City Attorney and authorize the Executive Director and/or Assistant City Manager to execute
the document on behalf of the Agency; and
2. Appropriate $10,000 from unappropriated funds in the MCAS Tustin Redevelopment Fund
(555).
FISCAL IMPACT
The environmental support services will be compensated based upon a signed task order for each
task per the cost estimates identified in the Scope of Services, with a not to exceed contract
amount of $10,000. The work tasks will require an appropriation from unappropriated MCAS
Tustin RDA funds.
DISCUSSION/BACKGROUND
In conjunction with the termination of the Disposition and Development Agreement for the Master
Developer site with Tustin Legacy Community Partners, LLC ("TLCP"), the Termination Agreement
did identify a number of existing environmental claims being pursued by TLCP and the transfer of
the claim activity to the City. The City is now desirous of completing those specific environmentally-
related tasks that TLCP was near completion on particularly related to Neighborhood E.
Specialized services will also be necessary for advice to the City on bid specification language for
the Tustin Ranch Road project particularly as it affects the portions of the alignment that are
impacted by Navy remediation activities and high ground water. The work tasks for the
environmental support services will be prioritized and task work orders will be issued as needed.
Consultant Services Agreement
Environmental Support Services Tustin Legacy
November 16, 2010
Page 2
The City requested and received a proposal for environmental support services from Pacific States
Environmental Contractors, Inc. based upon their familiarity and experience with the work required.
They were previously retained by a number of developers at Tustin Legacy as an environmental
consultant and were the consultant involved in the Neighborhood E claim within the former master
developer footprint. They have already conducted a comprehensive investigation of the site and
prepared numerous reports as a follow-up to the various environmental issues encountered to-
date. Due to their vast knowledge of the project and their previous work efforts they were
determined to be the most qualified to provide the required services at this time and would provide
a seamless transition as the City moves forward to complete certain Tustin Legacy infrastructure
projects. Soliciting these services through a solicitation process would result in the City needing to
add significant time to the completion of immediate work efforts and the need to reeducate a new
environmental firm to the complexities of the Tustin Legacy project.
Christine A. Shingleto ~ Dougla .Stack, P.E.
Assistant City Manag " Director of Public Works/City Engineer
Attachments: Consultant Services Agreement
S:\City Council Items\2010 Council ItemsWpproval of CSA for Environmental Support Services for Legacy.doc
CONSULTANT SERVICES AGREEMENT
This Agreement for Consultant Services (herein "Agreement"), is made and entered
into this day of , 2010, by and between the CITY OF TUSTIN,
a municipal corporation ("City"), and Pacific States Environmental Contractors, Inc., a
California corporation ("Consultant").
WHEREAS, Consultant is qualified to provide the necessary services and has
agreed to provide such services; and
WHEREAS, Consultant has submitted to City a Proposal and Scope of Work, dated
October 21, 2010, a copy of which is attached hereto as Exhibit "A", and is by this
reference incorporated herein as though set forth in full hereto (the "proposal and scope of
work").
NOW, THEREFORE, in consideration of the premises and mutual agreements
contained herein, City agrees to employ and does hereby employ Consultant and
Consultant agrees to provide consulting services as follows:
SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services specified in the Proposal and Scope
of Work 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. In the event of any inconsistency between the terms contained in
Exhibit "A" and the terms set forth in the main body of this Agreement, the terms set forth
in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all applicable laws, ordinances, resolutions, statutes, rules,
and regulations of the City of Tustin and of any federal, state or local governmental 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 Consultant (a) has thoroughly investigated and considered the work to be
performed, (b) has investigated the site of the work and become fully acquainted with the
conditions there existing, (c) has carefully considered how the work should be performed,
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and (d) fully understands the facilities, difficulties and restrictions attending performance of
the work under this Agreement.
Should the Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by the City, Consultant shall immediately
inform City 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
materials, papers or other components of the work, and shall be responsible for all such
damage until acceptance of the work by City, except such loss or damages as may be
caused by City's own negligence.
1.6 Additional Services. Consultant shall perform services in addition to
those specified in the Proposal when directed to do so in writing by the Contract Officer,
provided that Consultant shall not be required to perform any additional services without
compensation. Any additional compensation not exceeding ten percent (10%) of the
original Contract sum must be approved in writing by the Contract Officer. Any greater
increase must be approved in writing by the City Manager.
1.7 Special Requirements. Any additional terms and conditions of this
Agreement are set forth in Exhibits "B" and "C" and are incorporated herein by this
reference. In the event of a conflict between the provisions of Exhibit "B" and "C", and any
other provision or provisions of this Agreement including Exhibit "A", the provisions of
Exhibits "B" and "C" shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, the Consultant shall be compensated and reimbursed only such amount
as are prescribed in Exhibit "C".
2.2 Method of Payment. In any month in which Consultant wishes to
receive payment, Consultant shall no later than the first working day of such month, submit
to City in the form approved by City's Director of Finance, an invoice for services rendered
prior to the date of the invoice. City shall pay Consultant for all expenses stated thereon
which are approved by City consistent with this Agreement, no later than the last working
day of said month.
2.3 Changes. In the event any change or changes in the work is
requested by City, 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
additional Consultant's fees.
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Addenda may be entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other work
product or work.
B. To provide for additional services not included in this
Agreement or not customarily furnished in accordance with generally accepted practice in
Consultant's profession.
2.4 Payment for Changes. Changes approved pursuant to an Addendum
shall be compensated at the personnel hourly rates prescribed in Exhibit "C" hereto. Note:
Exhibit "C" prohibits billing for travel.
3. PERFORMANCE SCHEDULE
Agreement.
3.1 Time of Essence. Time is of the essence in the performance of this
3.2 Schedule of Performance. All services rendered pursuant tp this
Agreement shall be performed within any time periods prescribed in any Schedule of
Performance attached hereto marked Exhibit "D". The extension of any time period
specified in the Exhibit "D" must be approved in writing by the Contract Officer.
3.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the Consultant, including,
but not restricted to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes,
and unusually severe weather if the Consultant shall within ten (10) days of the
commencement of such condition notify the Contract Officer who shall thereupon ascertain
the facts and the extent of any necessary delay, and extend the time for performing the
services for the period of the enforced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.7 of
this Agreement, this Agreement shall continue in full force and effect until satisfactory
completion of the services but not exceeding one (1) year from the date hereof, unless
extended by mutual written agreement of the parties.
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4. COORDINATION OF WORK
4.1 Representative of Consultant. The following Principal of the
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:
Dr. Harry J. Takach, Program Director
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing Principal is a substantial inducement for City 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. The foregoing Principal may not be changed by Consultant
without the express written approval of City.
4.2 Contract Officer. The Contract Officers shall be the Assistant City
Manager and Public Works Director unless otherwise designated in writing by the City
Manager. It shall be the Consultant's responsibility to keep Contract Officers fully informed
of the progress of the performance of the services and Consultant shall refer any decisions
which must be made by City to the Contract Officers. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officers.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Consultant, its principals, and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Consultant
shall not contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of the City. 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 City.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which 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 City
and shall remain at all times as to City 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
City. 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 City employees.
Page 4
5. INSURANCE /INDEMNIFICATION
5.1 Insurance.
A. Consultant shall maintain in full force and effect during the
term of these 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 $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 $2,000,000 combined single limit 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 City of the purchase of the required tail insurance or continuation
of the professional liability policy by executing a Letter Agreement on Consultant's
letterhead for of which is included and attached to Exhibit "B-1 ".
C. Consultant shall carry and pay for such workers'
compensation insurance as is required 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 City 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, its officials and employees as an additional insured on the commercial,
general and automobile policies. (2) The insurance shall be issued by a company
authorized by the Insurance Department of the State of California and rated Grade A and
Class VII or better (if an admitted carrier) or Grade A- and Class X (if offered by a surplus
line broker), by the latest edition of Best's Key Rating Guide, except that the City will
accept workers' compensation insurance rated Grade B and Class 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 City. (4) The commercial general and automobile
liability insurance shall each be primary as respects the City, and any other insurance
maintained by the City shall be in excess of this insurance and not contribute to it.
E. Upon execution of this Agreement, Consultant shall provide to
City 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 D above
and the waiver of subrogation requirement in Section C above. If self-insured for worker's
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compensation, Consultant shall submit to City a copy of its certification of self-insurance
issued by the Department of Industrial Relations.
5.2 Indemnification. The Consultant shall defend, indemnify and hold
harmless the City, 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 City 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 as may be caused by City's negligence or that
of its officers or employees.
The Consultant shall also defend, indemnify and hold the City harmless from any claims or
liability for City health and welfare, retirement benefits, or any other benefits of part-time or
fulltime City 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 Reports. 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.
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.
6.3 Ownership of Documents. All drawings, specifications, reports,
records, documents and other materials prepared by Consultant in the performance of this
Agreement shall be the property of City and shall be delivered to City 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 City
of its full rights or 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. Use of such documents by City for projects
not the subject of this agreement shall be at City's sole risk without legal liability or
exposure to consultant.
6.4 Release of Documents. All drawings, specifications, 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.
Page 6
7. ENFORCEMENT OF AGREEMENT
7.1 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.
7.2 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 therefore. The injured party shall continue performing its obligations hereunder so
long as the injuring party cures any default within ninety (90) days after service of the
notice, or if the 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 City may take
immediate action under Section 7.6 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.
7.3 Waiver. No delay or omission in the exercise of any right or remedy
of anon-defaulting party on any default shall impair such right or remedy or be construed
as a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City'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 conceming the same or any other provision of this Agreement.
7.4 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.
7.5 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.
7.6 Termination Prior to Expiration of Term. The City 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
Page 7
period of notice shall be such shorter time as may be appropriate. Upon receipt of the
notice of termination, Consultant shall immediately cease all services hereunder except
such 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.
7.7 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City 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 City
shall use reasonable efforts to mitigate damages, and City may withhold any payments to
the Consultant for the purpose of set-off or partial payment of the amounts owed to City.
7.8 Attomeys Fees. If either party commences an action against the
other party arising out of or in connection with this Agreement or it subject matter, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit
from the losing party.
8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by the City or for any amount which may become due to the
Consultant or its successor, or for. breach of any obligation of the terms of this Agreement.
8.2 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 ancestry. Consultant shall take affirmative
action to insure that applicants and employees are treated without regard to their race,
color, creed, religion, sex, marital status, national origin, or ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by pre-paid, first-class mail
to the address 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 mailed as provided in this Section.
Page 8
To City:
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92780
Attention: Assistant City
leaders (Contract Officers)
To Consultant:
Manager and Public Works Director co-team
Pacific States Environmental Contractors, Inc.
15991 Red Hill Avenue, Suite 204
Tustin, CA 92780
Attention: Dr. Harry J. Takach, Program Director
9.2 Integrated Agreement. This Agreement contains all of the
agreements of the parties and cannot be amended or modified except by written
agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
9.4 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.
9.5 Corporate Authority. The persons executing this Agreement on
behalf of the parties hereto warrant that they are duly authorized to execute this
Agreement on behalf of said parties and that by so executing this Agreement the parties
hereto are formally bound to the provisions of this Agreement.
(This Space Intentionally Left Blank)
Page 9
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated:
"City"
CITY OF TUSTIN, a municipal corporation
By:
City Manager
APPROVED AS TO FORM:
Doug Holland, City Attorney
Dated:
"Consultant"
Pacific States Environmental Contractors, Inc., a
California corporation
By:
Dr. Harry J. Takach, Program Director
Page 10
EXHIBIT "A"
SCOPE OF SERVICES
Attached is a summary of the work required to complete each task.
Consultant shall not proceed with each task without City written approval.
['acific States
r ~ r;~, i ,r:~Cr~. ~; i
,,
PROPOSAL
DATE: October 27, 2010
ATTN: Doug Anderson, Development Services Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780-3715
PROPOSAL N0.1010037
PROPOSAL DESCRIPTION: Environmental Support Tasks at MCAS Tustin
Pacific States Environmental Contractors, Inc. (PSEC) is pleased to submit this multi-task proposal to
conduct environmental tasks at the former Marine Corps Air Station (MCAS) at Tustin. For the past six
years, our Tustin office has supported the MCAS redevelopment with awide-range of tasks, including:
• Sampling and analysis of soil imports sites, numbering over 120 locations, to prepare an evaluation
letter for review and approval by the City of Tustin. Currently, over 1.7MM cubic yards of import
soils are stockpiled, ready for reuse on site in the northeast corner of th a site.
• Review of Department of the Navy documents to assess environmental remediation work and
agency-approved closures.
• Oversight of Phase I Environmental Site Assessments for the 805-acre parcel allocated to Tustin
Legacy and several s ubsequent sub-parcels.
• Preparation of a Site Management Plan and Remedial Action Workplan (SMP/RAW) approved by
the Department of Toxic Substances Control (DTSC) that included cleanup goals for soil, soil gas
and groundwater media.
• Environmental oversight of the construction and grading activities.
• Design, construction and operation of two 250 gallon per minute groundwater treatment systems to
provide for dewatering or stormwater treatment to meet Orange County Sanitation District discharge
requirements or onsite construction reuse requirements of the Santa Ana Regional Water Quality
Control Board (RWQCB).
• Conduct the remediation of 50,000 cubic yards of petroleum hydrocarbon impacted soils discovered
during grading operations in Neighborhood E following the SMP/RAW under DTSC oversight.
Company Qualifications -PSEC provides full service environmental assessment and remediation,
demolition, and construction services to public and private sector clients. With annual revenues of more
than $50 million and a subsidiary of DeSilva Gates ($500 million annual revenues and operations since
1932), our environmental construction professionals have completed more than 750 projects since
beginning operations in 1996. We offer the financial resources, strength, and stability required to
successfully execute our contractual obligations.
October 27, 2010
Page 2 of 4
PSEC carries General Liability, Pollution Liability, and Errors and Omissions insurance. Our coverage
exceeds the current standard in the construction and remediation industry. We are able to provide this
insurance cost effectively due to our track record of outstanding performance as well as our excellent
safety record. Our strong financial position has been built on consistent, high-quality performance that has
allowed Pacific States to exceed client expectations .
Professional Capabilities - PSEC's Tustin office has the senior staff that has over 30 years of
environmental project accomplishments including regulatory coordination and communication; project
reporting for assessment and remediation of impacted soils and groundwater; and evaluation of cleanup
acceptance and risk management. Experienced professionals make all the difference. The following brief
resumes include staff available to perform work for this assignment.
Dr. Harry Takach is the program director for PSEC's Southern California operations located in Tustin. He
has more than 35 years experience in environmental, multi-discipline project management and
environmental consulting and remediation. Dr. Takach is responsible for the development and performance
of the Southern California operations and was the Project Director for the redevelopment of the former
MCAS Tustin. The scope of projects and environmental issues that Dr. Takach has been involved with
includes regulatory reviews; RCRA applications and plans for treatment, storage, and disposal facilities;
project compliance; feasibility studies for soil and groundwater impacts from hydrocarbon and solvents
releases, remedial system design and implementation; project RCRA and non-RCRA closure with agency
approvals, and agency negotiations. The range of projects have included individual parcel Phase I
environmental site assessments to managing multi-disciplinary teams and multi-million dollar budgets at
DOD and petroleum refining and distribution facilities, and chemical manufacturing industrial sites.
Mr. Carl Kelley has over 30 years of environmental consulting experience in the areas of project
management, environmental services, engineering, and regulations for industrial and govemment clients.
He specializes in identifying RCRA and CERCLA regulatory requirements; regulatory compliance; and
construction, operation, permitting, closure, site characterization and remediation of facilities. He has
managed more than 200 environmental and distressed property projects including Brownfields restoration
projects. The scope of these projects include completing Phase I, II, and III Site Assessments for real-
estate transfers, permitting of hazardous waste storage facilities, demolition of non-hazardous and
hazardous material storage facilities including 50,000 barrel crude oil tanks, design of waste and waste
water treatment systems, preparing and implementing site characterization plans, working with the
regulatory agencies to establish risk based clean-up/action levels for constituents of concern, and over
viewing field implementations.
Mr. Robert McCarrick, Professional Engineer and President of PSEC, is responsible for the operations and
leadership of PSEC from our Dublin, CA headquarters. As President, he oversees construction
management, sales, estimating, contract administration, and engineering. Mr. McCarrick's experience
ranges from design engineering supervision, project management, in charge of quarries, asphalt and
concrete plants, recycling facilities and remedial construction contractors. Mr. McCarrick also performs land
use suitability evaluations, a general engineering contractor with complete site development planning and
construction management capabilities.
Mr. John Pavlik, Professional Geologist, has over 20 years of environmental industry experience as a
geologist in the areas of project management, environmental site assessment and compliance services,
soil and hydrogeology site characterization, groundwater monitoring system design, installation, and
monitoring, UST removal and installation and soil and groundwater remedial actions. He has provided
these services for environmental projects at government (DOD) bases and industrial facilities such as
operating manufacturing plants, landfills, MCAS Tustin, petroleum production facilities and chemical plants.
PSEC:BD/Tustin/Task Proposal 10-10
October 27, 2010
Page 3 of 4
Mr. Dorn has extensive, broad experience with air and water pollution and solid and hazardous waste
management. He has over 30 years of experience in environmental consulting with particular expertise in
the sampling and analysis of toxic/hazardous chemicals and radiological contamination in environmental
matrices, hazardous waste chemistry, including sampling, database management, evaluation of analytical
data, quality assurance/quality control, hazardous waste characterization, fixation, and fate and transport.
SCOPE OF WORK AND BUDGET
The following is a task listing of the possible scope of services that PSEC could provide to the City of
Tustin, atime-and-material, not-to-exceed budget ,and schedule for the City's selection.
Task 1 -Site Review Meeting
PSEC will collect background information to provide our site environmental knowledge and experience
since September 2006 in a review meeting with the City. Topics could include:
A. Delineation and permit requirements for the debris unearthed in Neighborhood G (North);
B. Impacted soil left in place along tarmac edge in Neighborhood D (South);
C. Possible impacted groundwater near southern end of Armstrong Road in Neighborhood E;
D. Impacted soil left in place near Tustin Ranch Road and Warner in Neighborhood D; and
E. Overview of the remedial activities completed in Neighborhood E and the impacted non-petroleum
hydrocarbons (such as trichloroethene, TCE) soils and groundwater in Neighborhood E.
PSEC would prepare a presentation file and supporting hard copies and photographs for the site
experience listing. Following discussions with the City, PSEC would develop recommendations on these
topics for the next steps. The estimated budget for this work is atime-and-materials not-to-exceed without
authorization cost of $3,500 with 28 hours of senior professional time committed to collect and discuss
background environmental information with City staff. This task will be completed in 2-3 weeks following
City authorization.
Task 2 -Finalize the Soil Remediation Report for Neighborhood E
PSEC has prepared a draft report for the soil assessment and remediation conducted in planned
Neighborhood E and submitted an electronic copy to the previous property owner, TLCP. This
comprehensive remediation report documents the remedial work that has been completed on a release of
petroleum hydrocarbons and chlorinated solvents discovered in planned Neighborhood E, southeast of
Red Hill and Warner. The first phase of the work was discovered during underground pipeline removal and
surface grading operations and completed during 2007-2008. The soil remedial tasks were stopped in
March 2008 to allow additional site investigation to delineate the extent of the petroleum hydrocarbon
release and complete the approval process for the SMP/RAW. The second phase of the work restarted in
October 2009 and the final excavation ended i n April 2010.
To complete the task deliverable, an updated draft of the Soil Remediation Report, PSEC will review and
incorporate, as appropriate, comments from the insurance carrier and the City. One hard copy of the body
of the report and an electronic copy will be provided. The estimated budget for this work is a time-and-
materials not-to-exceed without authorization cost of $2,000 with 16 hours of professional time allotted to
communicate and insert the comments and issues into the final draft Soil Remediation Report.
PSEC:BD/Tustin/Task Proposal 10-10
October 27, 2010
Page 4 of 4
Task 3 -Contractor Bidding Support
PSEC will assist the City in the development of environmental components in the pipeline specifications
and engineering bidding documents for underground utility construction near known groundwater plumes
and then provide field grading oversight. Tasks that may require PSEC staff time would include:
A.) Environmental review of underground pipeline materials and utility installation with respect to
groundwater plume contamination and follow-up for DTSC and DON concurrence and
B.) Grading oversight to determine possible releases to the soil.
The estimated budget for PSEC's effort to finalize the environmental components of the technical
specifications is estimated at atime-and-materials not-to-exceed without prior authorization cost of $4,500
or approximately 30 to 35 hours of senior professional time. A budget for grading oversight can be
prepared when field work is scoped and scheduled and the level of needed services is better defined.
COST SUMMARY
The estimated total cost for completing the above scope of work is $10,000. Activities and costs will be
collected on a specific Task Basis. Charges and fees will be invoiced by Task on a Time and Materials
basis, not to exceed the total authorized amount. Vendors, supplies, and subcontractors will be billed at
actual cost plus an administrative cost as agreed in a negotiated contract. PSEC will invoice the City of
Tustin monthly based on the amount of work completed. Insurance and Payments terms shall be in
accordance with the c ontract.
If you have any questions regarding this proposal or request a meeting to discuss our scope of work,
please contact us at 714-258-8292 or 949-302-5535. Pacific States Environmental Contractors looks
forward to working with the City of T ustin to support the redevelopment of MCAS Tustin.
Respectfully Submitted,
Pacific States Environmental Contractors, Inc.
Harry J. Takach, Ph. D.
Program Director
PSEC:BD/Tustin/Task Proposal 10-10
EXHIBIT "B"
SPECIAL REQUIREMENTS
1. Consultant shall not release to the public or the press information on this project
without prior authorization by Contract Officer.
2. Conflict of Interest and Confidentiality.
In order to assure City that Consultant is not subject to any conflict of interest,
Consultant affirms that while Agreement is in effect, neither Consultant nor any of
its offices or employees will accept private work from or provide services for any
company for work at Tustin Legacy.
The intended term of this agreement is estimated to be a four to six (4 to 6)
month period during which Consultant will provide design and support services
and assist the City in developing a disposition and business plan strategy for the
master developer footprint area of MCAS Tustin. The term is expected to end
upon adoption or acceptance by the City Council of the disposition and business
plan strategy or by the execution of termination clause of this contract Section 7-
6which is hereby amended to allow for the voluntary termination of Agreement
by Consultant.
In addition, Consultant agrees that during the term of Agreement neither
Consultant nor its officers or employees will accept public work from or provide
services to either the County of Orange or the Cities of Irvine or Santa Ana that
relate to legal action on the Tustin Legacy project, unless otherwise noted herein.
Consultant understands and agrees that all work it undertakes for the City of
Tustin shall be considered confidential and shall not be shared by Consultant
with any other party without a written release from the City of Tustin.
In the event of uncertainty about whether a potential conflict of interest exists,
Consultant shall advise Contract Officer whose decision shall be final. A list of
known projects acknowledged by City that are not in conflict with the intended
work is attached to this contract as Exhibit "E", "List of Pacific States
Environmental Contractors, Inc. Projects Subject to Conflict of Interest Waiver".
3. A no-fee business license shall be provided by the City to Consultant.
4. Consultant shall present to the City certificates of insurance and endorsement
forms pursuant to Agreement requirements verifying that the Consultant has the
insurance as required by this agreement.
5. If Contract Officer determines that a product deliverable is unacceptable, either
before or after a draft or final draft is issued, because it does not conform to the
requirements of this agreement, the Consultant shall submit a revised report or
product at Consultant's expense.
6. The Consultant shall review and replace project personnel assigned to project
who do not perform assigned work in a manner satisfactory to Contract Officer.
7. The Consultant has identified the following staff members that will provide
support to the Consultant Team with Dr. Harry J. Takach to be the Consultant
Program Director.
As the lead, Dr. Takach shall be available to meet with Contract Officer as
required at designated dates and times to coordinate scope of services required
by the contract, to resolve problems, to discuss progress on scope of work at
Contract Officer's direction and to discuss assumptions developed during task
levels.
8. Field investigations. The Consultant shall obtain necessary field data and make
site investigations and studies necessary to the proper accomplishment of the
work required under this contract.
9. No substitution of professional personnel or sub-Consultant shall be made without
the advance written approval of the Contract Officer, after review of the proposed
replacement's experience and qualifications with a written explanation of the
necessity for the change. No increase in the compensation or reimbursable salary
rates will be allowed when personnel or firm substitutions are authorized.
10. Consultant shall remove and replace project personnel or sub-Consultants
assigned to project personnel or sub-Consultants assigned to project who do not
perform assigned duties in a manner satisfactory to the Contract Officer.
EXHIBIT "B-1"
SAMPLE OF TAIL INSURANCE LETTER
TO BE REPRODUCED (PRINTED) ON CONSULTANT'S LETTERHEAD
Date
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn: Dana R. Kasdan, P.E., Engineering Services Manager
Subject:
Dear Mr. Kasdan:
has executed the Consultant Services Agreement for the above
referenced project. In lieu of providing occurrence based professional liability insurance
coverage as required by the Agreement, warrants and represents
that it shall maintain insurance coverage with the insurance company listed on the
attachment, or with an equivalent carrier in the amounts indicated for at least five (5)
years after the completion of the consulting services under the Agreement.
will provide the City with certificates of insurance coverage within the period
established above in order to evidence compliance with this Agreement.
Sincerely,
CONSULTANT NAME
Authorized Signature
ACCEPTED AND AGREED TO:
Douglas S. Stack, P.E.
Director of Public Works/City Engineer
APPROVED AS TO FORM:
Douglas C. Holland
City Attorney
C:\Documents and Settings\btenkean\Local Settings\Temporary Internet Files\Content.0utlookW5LHZ2Z8\CSA -Tail Insurance -
Long.doc
EXHIBIT "C"
SCHEDULE OF COMPENSATION AND PERSONNEL HOURLY RATES
1. Compensation
As compensation for the Consultant's services under this Agreement, the City shall pay
the Consultant as follows:
ITEM DESCRIPTION
1 Task 1 -Site Review Meeting
FEE
Time & Materials per Exhibit "C-1"
Not to Exceed $3,500
2 Task 2 -Soil Remediation Report
for Neighborhood "E"
3 Task 3 -Contractor Bidding Support
Time & Materials per Exhibit "C-1"
Not to Exceed $2,000
Time & Materials per Exhibit "C-1"
Not to Exceed $4,500
TOTAL FEE NOT TO EXCEED $10,000
Time and Material shall be billable per hourly rates shown and as herein attached as
Exhibit "C-1 ". For Direct Expense Reimbursement, see restrictions on No. 2 below of
Exhibit "C".
2. Direct Expense Reimbursement
The Consultant's not-to-exceed compensation for services under this Agreement may
include reimbursement for miscellaneous direct expenses. The City shall reimburse
Consultant for direct expenses such as and including postage, plotting and printing, and
express mail and delivery services. Consultant travel to and from the City for meetings
shall not be an authorized reimbursement. Such reimbursement requests shall not be
considered part of the changes identified in No. 1 above, and shall be subject to the
following restrictions:
A. Itemized payment statements shall set forth in detail all actual direct reimbursement
expenses during the preceding month by Scope of Work Item and specific task
work order.
B. No overhead charges on top of direct expenses will be authorized.
3. Compensation for Additional Services
In the event the City requires services in addition to those described in Exhibit A, 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 as shown
in Exhibit C-1, plus reimbursement of expenses or a fixed amount agreed to in writing by
the City and Consultant.
4. Payments for Compensation and Direct Expense Reimbursement
As a condition precedent to any payment to Consultant for Compensation and Direct
Expense Reimbursement under the Agreement, the Consultant shall submit monthly
invoices to the City which clearly sets forth the specific Scope of Work Items and specific
task work orders being billed against, the actual hours spent on a task, the hourly billing
rate, the personnel classification or the individual performing the task, the fees being billed
for all Consultant personnel as well as direct reimbursement expenses for which
compensation is submitted. Consultant time shall be calculated against the established
standard hourly rate shown on Exhibit "C-1 ", which hourly rate shall not be altered unless
approved in writing by the City pursuant to services under this Agreement.
5. Timing of Payment
A. The City shall review the Consultant's monthly invoices and pay the Consultant for
services rendered and costs incurred at their rates and in amounts under terms
provided herein or as agreed to in writing by specific work task orders approved by
both parties.
6. Task services shall only be compensation to the extent that the Contract Officer has
authorized in writing such tasks and their appropriate costs.
C. Consultant acknowledges that the work effort of Consultant may vary at different
points in time for the Task, and depend on tasks specifically assigned by City and
the complexity of the assignment under such work task orders. Therefore, when
requested by the City, Consultant agrees to work with the City to project monthly
and quarterly budgets.
EXHIBIT "C-1"
PACIFIC STATES ENVIRONMENTAL CONTRACTORS, INC. HOURLY RATE
SCHEDULE
~c~Clf 1C ~~c`~.~E'~
ENVIRONMENTAL CONTRACTORS, INC.
2010 SCHEDULE OF CHARGES
This schedule of charges is for professional services provided on atime-and-material basis.
These rates are valid through December 31, 2010. Anew schedule of charges may be issued
annually. Unless other arrangements are made, charges for all work, including continuing work
previously initiated, will be based on the current schedule of charges.
PROFESSIONAL SERVICES
Professional Services are for work directly related to projects. Direct charges are not made for
office management, accounting, and maintenance because these items are included in Pacific
States Environmental Contractor's overhead. The following charges for personnel services are
based on an hourly rate for time charged to the project.
Clerical $45
Technical Editor & Project Administrator $60
CAD Operator $65
Senior CAD Operator $75
Technician $55
Senior Technician $65
Staff Professional $75
Senior Staff Professional $85
Project Professional $95
Senior Project Professional $110
Project Manager $125
Program Director $140
Principal $150
Time spent in travel for the client will be charged. When personnel are away from the office
overnight for the client, subsistence will be charged. Contract personnel and consultants will be
charged according to the hourly rates for their category as listed above.
The time of all personnel (including preparation time) involving expert or witness testimony or
other participation in a judicial proceeding involving the client, as requested by client or
compelled by subpoena or otherwise, will be charged at 1.5 times the hourly rates stated above.
DIRECT EXPENSES, EQUIPMENT, AND OUTSIDE SERVICES
Other direct expenses identifiable to the project including, but not limited to, the following will
be charged at cost plus 10 percent: personnel expenses, subcontracts, laboratory analysis,
drilling, trenching, equipment rental, sample shipping, special and expendable supplies, and
special fees (licenses, permits, insurance). Expendable supplies include protective clothing,
health and safety supplies, sampling tubes, and sample containers will be charged according to
PSEC's Equipment Rate Schedule.
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
A Schedule of Performance for individual task items agreed upon in writing by the
Consultant and City shall be incorporated into this Agreement with each task as though
fully set forth herein, and as directed by the City.
EXHIBIT "E"
LIST OF PACIFIC STATES ENVIRONMENTAL CONTRACTORS, INC. PROJECTS
SUBJECT TO CONFLICT OF INTEREST WAIVER