HomeMy WebLinkAbout25C - AGMT - RIGHT-OF-WAY DEMO SURVEY AND ENVIR ASMT SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 4, 2011
TITLE:
AGREEMENTS FOR RIGHT-OF-WAY
DEMOLITION, SURVEY, AND
ENVIRONMENTAL ASSESSMENT
SERVICES FOR CIP PROJECTS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached right-of-way
agreements for demolition, survey, and environmental assessment services, subject to
nonsubstantive changes approved by the City Manager and City Attorney with:
• J & G Company for demolition services in the amount of $150,000.
• Johnson and Frank Associates and Coast Surveying for survey for an aggregate amount not
to exceed $300,000.
Leighton Consulting Group Inc. and SCS for Environmental Assessment services for an
aggregate amount not to exceed $200,000.
DISCUSSION
On October 18, 2010, the City Council authorized the Public Works Agency to release a Request
for Proposals (RFP) to qualified consulting firms to provide right-of-way-related services for the
City's Capital Improvement Program (CIP). These services will be utilized for the current CIP,
including Phases II & III of the Bristol Street widening and the Grand Avenue widening projects.
In addition, these firms will augment City staff in the day-to-day oversight of right-of-way tasks
such as City-owned properties, disposal of surplus properties, deed research, and cost estimates
for all Public Works projects.
The RFP for the above services was sent to 12 firms who specialized in this field. A special effort
was made to reach out to Santa Ana firms. Nine proposals were received and evaluated by
personnel from the Public Works Agency, Community Development Agency, and the City
Attorney's Office. Each firm was rated according to its qualifications, experience, and capacity to
perform the required work. Following is the list of the firms and their respective scores:
25C-1
Agreement for Right-of-Way Demolition,
Survey, and Environmental Assessment
Services for CIP Projects
April 4, 2011
Page 2
NAME OF FIRM RANKING
DEMOLITION SERVICES
J & G company 91
Net Development 73
SURVEY SERVICES
Johnson & Frank Associates 90
Coast Surveying 89
Huit Zollar 87
ENVIRONMENTAL ASSESSMENT SERVICES
Leighton Consulting Group Inc. 89
SCS 87
Partner Environmental 80
Based on the ratings and their experience with the City, staff recommends that the firms of J & G
Company be retained for the demolition services, Johnson & Frank Associates and Coast
Surveying for survey services, and Leighton and Associates and SCS for environmental services.
All of these firms have assisted the City with right-of-way services of CIP projects in the past, and
they have good track records. The agreement with the firms will be for a period of one fiscal year
or until the funds are exhausted, whichever comes first. The City has an option to renew the
agreements for an additional year if the firm is responsive to the City's needs.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
These services are on-call and will be used when funds are available in the various CIP projects.
APPROVED AS TO FUNDS AND ACCOUNTS:
1)?Q `? Nzs?. *kt!, 1, . -, '?\, -4-,Z? , , -
Rau odinez II Francisco Gutierrez 05
Executive Director Executive Director
Public Works Agen Finance & Management Services Agency
RG/SA
25C-2
Agreement for Right-of-Way Demolition,
Survey, and Environmental Assessment
Services for CIP Projects
April 4, 2011
Page 3
Exhibit 1: Agreements
25C-3
25C-4
DEMOLITION SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 4`h day of April, 2011, by and between J
& G INDUSTRIES, INC., a California corporation (hereinafter "Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
demolition and land clearing services.
B. Consultant represents that it is able and willing to provide such services for Santa Ana.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide services, as set forth in City's Request for Proposals-Right of
Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A,
and as more specifically described in Consultant's Proposal, attached hereto as Exhibit A-1, and
both exhibits incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the Project
Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
Exhibit 1
25C-5
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The
total sum to be expended under this Agreement shall not exceed $150,000.00 during the term of
this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. The invoice shall
include a detailed breakdown of the services provided, the project title, the tasks, the hours, and
hourly rates. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on March 1, 2011 and terminate on the later of April 1,
2012, or the expenditure of allocated funds, unless terminated earlier in accordance with Section
13, below. The City shall have the option to extend the term for an additional one-year period.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
25C-6
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding.
25C-7
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
Public Works - Design Engineering
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
25C-8
To Consultant: James K. Cain
J & G Industries, Inc.
18627 Brookhurst St. #302
Fountain Valley, California 92708
facsimile (714) 903-2003
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate. However, any use of unfinished work product shall
be at City's sole risk.
25C-9
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
25C-10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
J & G INDUSTRIES, INC.
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
JAMES K. CAIN
President
Tax ID#
25C-11
EXHIBIT
SCOPE OF WORK
GENERAL REQUIREMENTS - RIGHT OF WAY SERVICES
Consultants under contract with the City of Santa Ana will provide support to City of
Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the
Statement of Work prior to submitting a response to this Request for Qualifications
(RFQ).
• The Consultant shall perform work to produce a high quality, professional and
complete work product.
• Consultant must have experience with State and Federally funded projects. All
work shall be performed in conformance with all applicable regulations, policies,
procedures and standards.
• Real estate appraisers provided by the Consultant must be certified and a
Member of the Appraisal Institute.
• All acquisition agents and property managers, performing work for the City, must
hold a valid California Real Estate License. Salespersons must be registered with
California Department of Real Estate (DRE), as working solely under the
Consultant's supervising broker of record.
• Work may include, but not be limited to, the following: onsite review of the project
area; review of existing records; conducting research and performing analysis;
information gathering; negotiations; development of strategies.
• The Consultant shall carry out the instructions received.from the City and shall
cooperate with the City and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the
work produced. The work will be reviewed by the City for conformity with the
requirements of the Agreement. Reviews by the City may NOT include a
detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of Consultant.
• The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work
performed by its sub-consultants and the responsibility for accuracy and
completeness of work performed remains solely that of Consultant.
• The Consultant shall have a Quality Control Plan in effect during the entire time
work is being performed under the Agreement. The Quality Control Plan shall
establish a process whereby work products are independently checked,
corrected and back checked. All projects related correspondences and
documents should be maintained and bound in appropriate project files.
25C-12
• The Consultant shall diligently work on each assignment and complete each task
in accordance with the schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspections by City, County, State and
Federal representatives.
• Project files including copies of all correspondences, reports, documents, and
electronic files shall be submitted to the City when requested.
• All work, including reports, analysis, data, and intellectual properties developed
during the life of the Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon
on such notification, the Consultant will proceed with the services required by the
Agreement.
Specific Scoge of Work for Demolition Services includes:
Contractor is responsible for demolishing improvements, including, but not limited to:
foundations and footings, slabs, basement, detached garage and all landscaping.
Contractor is also responsible for clearing the site, grading the parcel for drainage,
importing and exporting fill dirt as needed, capping all sewer lines.
All work is to be done in accordance with all applicable federal, state and local
regulations, standards and codes governing demolition and any other trade work done in
conjunction with the demolition. Copies of all demolition permits, sewer cap inspection
approval and a letter of completion should be submitted for City's files prior to the
Contractor receiving payment.
The Contractor shall supply all necessary labor, materials, services, insurance, permits,
and equipment to carry out the work in accordance with all applicable federal, state, and
local regulations.
Additional duties will include
• Asbestos abatement
• Rat and/or vermin abatement
25C-13
EXHIBIT A-1
CONSULTANT'S PROPOSAL
25C-14
City of Santa Ana November 15, 2040
Request for Proposals for Right of Way Consulting and Related Services
Right of Way Consulting and Related Services
City of Santa Ana
Public Works Departm6nt
20 Civic Center Plaza M-36
Santa Ana, CA 92701
(A7) Demolition Services
Name:. AG Industries, Inc.
A California Corporation
Project Manager: James K. Cain
Address: 18627 Brookhurst St #302
Fountain Valley, CA 92708
Phone: 714-903-2002
Fax: 714-903-2003
Email: cal' ndustries,corn
_ . 1dums #1 & ' A
The only person, persons, company or parry interested in the proposal as principals are
names therein; this proposal is made without collusion with any other person, persons,
company or parties submitting a proposal; that it is in all respects fair and In-good faith
without collusion or fraud; and, that the signed of the proposal has full authority to bind
the principal proposer.
J&G Industries Page 2
25C-15
City of Santa Ana November 15, 2010
Request for Proposals for Right of Way Consulting and Related Services
Proposed Subcontractors
The following subcontractors may be used on an as-needed basis:
Tri Span Inc. (8a/MBE) - Asbestos/lead and hazardous abatemdnir.
Contact: Joe Araiza, Principal - Tel: 714-257-9680 / Fax: 714-257-9681
591 W. Explorer St, Brea, California 92821
Licenses: #611639 Class A,B,C-10,C-33,ASB & HAZ; expires 2/28/11
DOSH #218; expires 7/18111
J&G has worked with Tri Span Inc. on over 100 projects during the last 17 years.
Envirocon Contracting Inc. (SBE) -- Asbestos/lead and hazardous abatement
Contact: Dave Adams, Principal - Tel: 714-827-6200 / Fax: 714-827-6260
5940 Lakeshore Dr, Cypress, California 90630
Licenses: #889528 Class B,C-21,C-43, ASB & HAZ; expires 1131111
DOSH #909; expires 7/18/11
J&G has worked with Envirocon Contracting Inc. on over 50 projects during the last 13 years.
T&T Environmental Inc - Asbestos/lead plan/survey
Robert Strong, Principal - Tel: 800-400-4828 / Fax: 562-420-3742
PO Box 3433, Lakewood, California 90711
J&G has worked with T&T Environmental Inc. on over 25 projects during the last 15 years.
Gittins Environmental & Engineering, Inc. -- Engineering/environmental support
Jon Gittins, Principal - Tel: 949-837-9438 / Fax: 949-472-0517
22322 Platino, Mission Viejo, California 92691
Licenses: #686535 Class A, HAZ; expires4130112
Registered Professional Engineer, Civil #C43505; expires 6130/12
J&G has worked with Gittins Environmental & Engineering, Inc. on over 35 projects during the
last 15 years.
J&G Industries 25C-1 6 Page 6
City of Santa Ana November 15, 2010
Request for Proposals for Right of Way Consulting and Related Services
Mueller & Associates - Safety consulting; job site -safety audits
Peter Mueller, Principal - Tel: 805-659-7176 / Fax: 805-659-7177
PO Box 4579, Ventura, California 93007-0579
J&G has worked with Mueller & Associates on retainer for projects during the last 10 years.
Total Exterminating, Inc. - RatlVermin Control
Dwayne Hartzell, Service Manager - Tel: 714-630-3215 / Fax: 714-630-2048
2811 E.-Gretta Ln, Anaheim, California. 92806
J&G has worked with Total Exterminating, Inc. on over 25 projects during the last 9 years.
Mel Smith Electric Inc. - Electrical work
Brian Dimsho, PM/Sr. Estimator - Tel: 714-761-3205 /l=ax: 714-761-4710
10950 Dale St, Stanton, California 90680
Licenses: #394741 Class A,B,C-10,C-12,C-21,HAZ; expires 11/30/10
J&G has worked with Met Smith Electric Inc. on over 25 projects during the last 11 years.
Van Diest Brothers, Inc. - Utility work
Gary Van Diest. Principal - Tel: 562-633-2835 / Fax: 562-633-0414
15315 S. Lakewood Blvd, Paramount, California 90723
Licenses: #157555 Class A,C-36; expires 7/31/11
J&G has worked with Van Diest Brothers, Inc. on over 20 projects during the last 13 years.
Don Brandell Plumbing - Utility and plumbing work
Dennis Castaldo, Estimator - Tel: 562-408-0400 / Fax: 562-633-5129
15100 Texaco Ave, Paramount, California 90723
Licenses: #176778 Class C-4,C-16,C-20,C-36,C-42,HAZ expires 6/30/11
J&G has worked with Don Brandell Plumbing on over 10 projects during the last 8 years.
United Pumping Services, Inc. (MBE) - Plumbing, cleaning, lab packing, disposal of
misc. materials
Rudy Ruiz, PM/Estimator - Tel: 626-961-9326 / Fax: 626-961-3799
14000 E. Valley Blvd, City of Industry, California 91746
Licenses: #617639 Class A,C-21,C-31,C-42,ASB & HAZ expires 4/30/11
J&G Industries Page 7
25C-17
City of Santa Ana November 15, 2010
Request for Proposals for Right of Way Consulting and Related Services
J&G has worked with United Pumping Services, Inc. on over 25 projects during the last 12
years.
Federal Disposal Services, Inc. - Trucking
Don Shubin, Principal - Tel: 714-259-0908 / Fax: 714-259-0533
PO Box 14730, Irvine, California 92623
J&G has worked with Federal Disposal Services on over 100 projects during the last 8 years.
G.O. Rodriguez Trucking (MBE) - Trucking
George Rodriguez, Principal -- Tel: 909-596-3747 / Fax: 626-81t-867-1
PO Box 2211, Irwindale, California 91706
J&G has worked with G.O. Rodriguez Trucking on over 100 projects during the last 7 years.
National Construction Rentals - Fencing
Tori Lacey, Customer Service Rep. - Tel: 714-285-0243 / Fax: 714-568-5338
1105 East 61h St, Santa Ana, California 92201
J&G has worked with National Constructn Rentals on over 50 projects during the last 15 years.
Related Experience
J&G has successfully completed the safe demolition and abatement
of thousands of structures, ranging from residential to commercial
to industrial and encompassing millions of square feet. These
demolitions have included structures of one story to over ten stories. J&G has also performed
emergency demolition and cleanup services for past natural disaster events.
J&G has experience in performing work of the same or similar nature for various clients
Including: CSA, OCTA, the City of Long Beach, U.S. Navy, and private clients such as
Overland, Pacific & Cutler. Below are descriptions of these projects and project references.
J&G strives to maintain excellent working relationships with all parties involved and affected by
our activities.
AG Industries 25C-1 8 Page 8
City of Santa Ana November 15, 2010
Request for Proposals for Right of Way Consulting and Related Services
B. Proposed Staffing and Project Organization
Project Staff Credentials
J&G has highly qualified, fully trained and dedicated employees, all
available for performing the proposed CSA work. These same
employees performed the work described in the related Project
Experience section.
Each J&G employee receives annual training satisfying the OSHA
HAZWOPER standards and every two-years, training in First Aid/ Adult
CPR and AED/ Environmental. Most of J&G's field personnel are certified
as AHERA-accredited asbestos workers. J&G project superintendents
and field foremen also receive training in the OSHA Construction Safety
Out Reach Program. All employees receive on-the-job training for project
specific work tasks.
J&G employees are dedicated to the company and to doing a job well done. The average
tenure at J&G is over 15 years for project managers, field superintendents, field foreman,
equipment operators, and 10 years for laborers. Each employee has had an average of 10
years of experience in the demolition field prior to working at J&G.
The ability of demolition and abatement contractors to work well together is important to the
ease and success of work planned on CSA's CTOs. J&G has worked closely with Tri Span,
Inc. and Envirocon Contracting, Inc. in the management and operation of demolition and
abatement services, on many projects. Meetings are held daily for the coordination of field
activities.
J&G has an experienced and committed team available to serve on this contract. Key
personnel will be available to the extent proposed for the duration of the project. No person
designated as "key" to the project shall be removed or replaced without the prior written
concurrence of CSA. The List of Key Personnel is in Appendix C..
Resumes
Resumes for our key personnel are included in Appendix A.
J&G Industries
Page 16
25C-19
City of Santa Ana (November 15, 2010
Request for Proposals for Right of Way Consulting and Related Services
Proposed Project Team:
Jim Cain, Project Manager/ Principal Agent -- J&G, 21 years
John Mershimer, Project Manager/f=ield Superintendent - J&G, 20 years.
Todd Stewart, Project Manager/Field Superintendent - J&G, 12 years.
Peter Mueller, Safety Officer - Mueller & Associates, 11 years.
W Eric Cain, Field Superintendent - J&G, 4 years.
3 Mauro Ruiz, Field Superintendent - J&G, 18 years.
John Gittins, Engineering / Environmental Consultant- GEE, 18 years
Team Availability
Team Member Role ?-
i
Jim Cain _
John Mershimer
Todd Stewart
Peter Mueller
I Eric Cain
Mauro Ruiz
LJohn Giittins _
Project Manager/Principal Agent
Project.Manager/Field Superintendent
Project ManagedField Superintendent
-----
Field Superintendent
Field Superintendent/Operator
Engineering / Env. Consultant
Firm
J& G.
J&G
Mueller & Assoc.
J&G--- ---- -
Gittins Env. & Eno
Operators Equipment Operators J&G
-I --_
Laborers Laborers J&G
Available
50-100%
50_100%
50.100%
20-60%
50-100%
50-100%
20-60%
50-100%
_1- 50-100% .
J&G Industries Page 17
25C-20
CAy or Santa Ana
Aagveat br 0WACAms- Cemoiton Santices
Organization Chart
.iaiauvousrxac?s Jim Cain
1-
Protect Managers
Field Superintendents j
John Mershime, I Jim Caln
F Todd Stewart I
1 --1
Safety Officer
John Mershimer Todd Stewart Mauro Ruiz ErEc Cain
Fsbruaq 15.2010
I Peter Mueller
Asbestos Abatement Hazardous Materials DemolilioAlearance Job Site Safety
Subcontractor I Subcontractor I J&G I J&G
Fencing Trucking Utility Work
Subcontractor I Subcontractor I . Subcontractor
AGtndusNhs Orga6zaknChan Page Is
25C-21
City of Santa Ana
Request for -Qualifications - Demolition Services
C. Work Plan
Approach
CTO requests will be received and reviewed by Jim Cain, President of J&G. Mr. Cain will
negotiate with the CSA the costs to complete the CTO. Mr. Cain will assign a Project Manager
and Field Superintendent for the CTO. For small and medium size CTOs, the Project Manager
can also serve as the Field Superintendent. J&G's Project Managers are: Jim Cain, John
Mershimer, and Todd Stewart. J&G's Field Superintendents are: John Mershimer, Todd
Stewart, Mauro Ruiz, and Eric Cain.
The following is a description of our anticipated approach to implement the CTOs upon CSA's
authorization to proceed with the work.
J&G's assigned Project Manager will first manage the services that are required to be
performed within 24 hours of CTO execution. If required, fencing and boarding will be installed
to secure the site. All necessary notices, ordinances, statues rules, laws, and regulations shall
be followed in the performance of the CTO. Notifications/ permits may include: city grading,
city demolition, city sewer capping, Orange County Health Care Agency (OCHCA) tank
closure, OCHCA water well closure, OCHCA monitoring well closure, South Coast Air Quality
Management District (SCAQMD) demolition, SCAQMD asbestos abatement, SCAQMD VOC
containing tank or soil abatement, OSHA excavation, OSHA falsework, OSHA over height, and
OSHA scaffolding.
The Project Manager will direct J&G's consultant to prepare a Notice of Intent (NOI) to comply
with the terms of the general permit to discharge storm water associated with construction
activity, for sites that are one acre or larger in size. The Project Manager will submit the NOI
and permit fee to the State Water Resources Control Board. When required, the Project
Manager will direct J&G's consultant to prepare a Construction Storm Water Pollution
Prevention Plan (SWPPP). Storm water best management practices will be implemented as
needed for compliance with the SWPPP.
A site specific Health & Safety Plan will be prepared for the project. The Field Superintendent
will conduct periodic tailgate Health & Safety meetings, to cover health and safety issues with
J&G Industries 25C-22 Page 19
City of Santa Ana
Request for Qualifications - Demolition Services
field workers. J&G's consultant will periodically conduct site safety inspections. Results are
given to the Project Manager for directing changes.
Underground Service Alert will be contacted to have the location of utilities marked. The
Project Manager shall contact utility companies to coordinate any required utility terminations.
Where required, sewer capping will occur at the beginning of work. The Field Superintendent
will be on site at the time the agency is scheduled to inspect the utility termination.
Care shall be taken to perform the services so as not to endanger the safety of any person or
property. At the start of the CTO, the Field Superintendent will visually survey existing
improvements and utilities near the work site, in order to protect them from damage. Field
Superintendent will also visually survey the site for potential materials containing
regulated/hazardous wastes. The Project Manager will contact GSA of any findings.
As directed by the GSA, the Project Manger will use the CSA provided asbestos and lead-paint
survey to arrange for J&G's consultant to prepare an abatement plan for the asbestos and lead
containing materials removal and disposal. When an asbestos and lead-based paint survey
has been previously prepared, the Project Manager will arrange for J&G's subcontractor to
prepare an abatement plan. The abatement plan will be submitted to the SCAQMD for their
approval. The Project Manger shall confirm that all required licenses, permits and certifications
have been acquired for implementing the abatement plan. The Project Manager will submit the
SCAQMD approved abatement plan for CSA approval to proceed with its implementation.
Upon CSA's approval, J&G's abatement subcontractor will implement the abatement plan.
Field Superintendent will verify waste is properly manifested for disposal at proper facility.
Upon completion of abatement plan implementation, the Field Superintendent will conduct a
pre-demolition survey to identify: that the asbestos, lead, regulated and hazardous wastes
have been removed as per their abatement plans; verify monitoring records; verify proper
manifesting of waste disposal; visually verify no other hazardous materials are left in
demolition area; as required, verify site is secured by appropriate fencing; verify that
appropriate protection devices are in place, such as pedestrian protection canopy; verify
appropriate signing displayed (i.e. no trespassing, keep out demolition in progress, danger,
etc.); verify all utilities have been terminated; and erosion control measures are in place, as
needed and required. The Field Superintendent will use a checklist to complete the pre-
J&G Industries Page 20
25C-23
City of Santa Ana
Request for Qualifications - Demolition Services
demolition survey. The Field Superintendent will confirm with the Project Manger that the
demolition area is ready for demolition. Structures ready for demolition-will be clearly marked
"CLEAR FOR DEMO J&G."
Field Superintendent will direct crews in: structure demolition; improvements demolition;
salvaging procedures; solid waste clearing and disposal. Where practical, concrete, asphalt,
steel, non-ferrous metals, and wood will be segregated and sent off-site for recycling. If
required, the site will be backfilled and graded. Field Superintendent will review fieldwork daily
for compliance with CTO specifications and record findings in a quality control log.
Field personnel are trained to stop work upon the discovery of suspect asbestos, regulated, or
hazardous waste. The Field Superintendent will contact the Project Manager, who in turn will
contact CSA. The Field Superintendent shall leave the work site in a clean and neat condition,
upon completion of the CTO. The Project Manager will notify those agencies required for final
inspections and sign offs.
The Project Manager will track the CTO schedule and budget by using project management
software. Schedule and budget updates will be provided to the CSA as required. Project
Manager will notify CSA to have all work inspected within 24 hours of CTO work completion.
The Project Manager will prepare all required paperwork for final closure package and billing
for the project.
Activities
Activities for the assigned personnel by job category include, but are not limited to:
Project Manager:
• First, managing services required to be performed within 24 hours of CTO execution
• Directing consultant to prepare a Notice of Intent (NOI) to comply with terms of general
permit to discharge storm water associated with construction activity, for sites that are one
acre or larger in size
• Submittal of the NO] and permit fee to the State Water Resources Control Board
• Directing consultant to prepare a Construction Storm Water Pollution Prevention Plan
(SWPPP), when required; storm water best management practices will be implemented as
J&G Industries Page 21
25C-24
City,of Santa Ana .
Request for Qualifications - Demolition Services
needed for compliance with the SWPPP
Y Directing changes due to results of site safety inspections
= Contacting Underground Service Alert
A Contacting utility companies to coordinate any required utility terminations
Contacting CSA of any findings of Field Superintendent's visual survey of site for existing
improvements and utilities near the work site, and potential materials containing regulated/
hazardous wastes
If requested, arranging for consultant to perform an asbestos and lead-based paint survey
and prepare an abatement plan for asbestos and lead containing materials removal and
disposal
When an asbestos and lead-based paint survey has been previously prepared, arranging
for consultant to prepare an abatement plan
» Submittal of abatement plan to SCAQMD, if applicable
r Confirming that all required licenses, permits and certifications have been acquired for
implementing the abatement plan
Submittal of the SCAQMD approved abatement plan for CSA approval to proceed with its
implementation
u Contacting CSA upon field superintendent notification field personnel have stopped work
upon the discovery of suspect asbestos, regulated, or hazardous waste
Notifying agencies required for final inspections and sign-offs
Tracking the CTO schedule and budget using project management software
Providing schedule and budget updates to CSA as required
Notifying OCTA to have all work inspected within 24 hours of CTO work completion
Preparation of all required paperwork for final closure package and billing for the project
Field Superintendent:
Conducting periodic tailgate Health & Safety meetings, to cover health and safety issues
with field workers
s Being an site at the time the agency is scheduled to inspect utility termination
n Visually surveying existing improvements and utilities near the work site, in order to protect
them from damage
Visually surveying the site for potential materials containing regulated/ hazardous wastes
Verifying waste is properly manifested for disposal at proper facility
J&G Industries Page 22
25C-25
City of Santa Ana
Request for Qualifications - Demolition Services
Conducting a pre-demolition survey upon completion of abatement plan implementation to
identify: that the asbestos, lead, regulated and hazardous wastes have been removed as
per their abatement plans; verify monitoring records; verify proper manifesting of waste
disposal; visually verify no other hazardous materials are left in demolition area; as
required, verify site is secured by appropriate fencing; verify that appropriate protection
devices are in place, such as pedestrian protection canopy; verify appropriate signing
displayed (i.e. no trespassing, keep out demolition in progress, danger, etc.); verify all
utilities have been terminated; and erosion control measures are in place, as needed and
required
Using a checklist to complete the pre-demolition survey
Y Confirming with the Project Manger that the demolition area is ready for demolition
Directing crews in structure demolition; improvements demolition; salvaging procedures;
and solid waste clearing and disposal
Reviewing fieldwork daily for compliance with CTO specifications and recording findings in
a quality control log
Notifying the Project Manager when field personnel stop work upon the discovery of
suspect asbestos, regulated, or hazardous waste
Leave the work site in a clean and neat condition, upon completion of the CTO
Safety Officer:
Preparation of site specific Health & Safety Plan
Periodically conducting site safety inspections
Engineering / Environmental Consultant:
SWPPP preparation
Removal and disposal of contaminated soil (Rule 9 1 66)
Engineering of structure demolition
Available to address other issues of environmental concern discovered during demolition
J&G Industries Page 23
25C-26
City of Santa Ana
Request for Qualifications - Demolition Services
Project Schedule
CTOs are expected to be completed within the following schedule:
First 24-hour tasks (fencing, boarding, etc.) - 1 day
Notifications / Permits - 3 to 10 days
Mobilization (H&SP, SWPPP, USA, terminate utilities pre-demolition as required,
Asbestos/Lead Plan) -- 3 to 7 days
Asbestos/Lead Abatement - 2 to 5 days
Pre-demolition Survey - 1 day
Demolition (salvaging procedures, interior, structure) -- 1 to 8 days
She Backfilling 1 Grading - 1 to 3 days
Demobilization - 1 to 3 days
PROJECT DURATION - 13 to 38 days
Some tasks may run concurrently, which will shorten the project duration shown above.
Quality Control
J&G uses quality, schedule and budget control procedures in the office and field management
of each CTO. Project schedules and work sub-task costs are prepared to start each CTO. The
Project Manager will track the CTO schedule and budget by using project management
software. Schedule and budget updates will be provided to the OCTA as required. J&G office
staff assists the Project Manager in maintaining a project file (notification records, agency
points of contact, etc.) for each CTO. Project Manager will notify CSA to have all work
inspected within 24 hours of CTO work completion. The Project Manager will prepare all
required paperwork for final closure package and billing for the project.
J&G's project files will be available for inspections by the CSA, county, state and federal
representatives, and shall be submitted to the CSA when requested.
At the start of the CTO, the Field Superintendent will visually survey existing improvements
and utilities near the work site, in order to protect them from damage. Field Superintendent will
also visually survey the site for potential materials containing regulated/hazardous wastes. The
J&G Industries Page 24
25C-27
City of Santa Ana
Request for Qualifications - Demolition Services
Project Manager will contact CSA of any.findings.
The Field Superintendent will use a checklist to complete the pre-demolition survey. The Field
Superintendent will confirm with the Project Manger that the demolition area is ready for
demolition. Structures ready for demolished will be clearly marked "CLEAR FOR DEMO J&G."
Field Superintendent will review fieldwork daily for compliance with CTO specifications and
record findings in a quality control log.
Issues and Resolutions
Care shall be taken to perform the services so as not to endanger the safety of any person or
property. At the start of the CTO, the Field Superintendent will visually survey existing
improvements and utilities near the work site, in order to protect them from damage. Field
Superintendent will also visually survey the site for potential materials containing
regulated/hazardous wastes. The Project Manager will contact CSA of any findings.
Enhancements
J&G has found partnering sessions to be effective for keeping large projects objectives on
track. Meetings with key people from CSA, J&G, and J&G key subcontractors at the start of the
contract will clearly establish the expectations for CTOs under the contract.
On large CTOs, periodic meetings may be found to be beneficial to ensure all expectations are
being met. A review meeting after a CTO completion may provide insights to ways to improve
performance for future CTOs.
J&G Industries Page 25
25C-28
EXHIBIT B
FEE SCHEDULE
25C-29
City of Santa Ana
Request for Qualifications - Demolition Services
E. Cost and Price Proposal
CTO requests will be
received and reviewed by
Jim Cain, President of J&G.
Mr. Cain will negotiate the
work effort required to
complete the proposed
CTO with the CSA.
A cost total cost for the
CTO will be obtained using
the time and materials
rates presented both here
and on the Price Summary
Sheet, see Appendix C.
The hourly rates reflect all
costs and anticipated fees
for the contract duration, up
to a maximum of three
years.
All subcontractors will be at
cost plus 5% mark-up.
All materials, supplies,
disposal fees are at cost
plus 10%
Support vehicles are
included in hourly rate for
personnel category.
Protect Manager/Principal Agent _
Project Manager/Field Superintendent
Field Superintendent
?Qffice manager
O erator
Laborer
Engineering/Environmental
973 Track Loader (bare rate)
980 Rubber Tires Loader bare rate
PC 400 Excavator - bucket bare rate
Attachments:
-- -Grapple----------__------- .. ---
Pad-die Wheel __?---- __ -
Pulverizer _
j 3r0 Member Shear
2"a Member
Off Road 25-Ton+ Rock Trucks (be
Bobcat Sid Steer Loader - bucket(
$ 120.00 - -?
$_ - 95.00_.. i
-$- - 80.00 .- - --1
$-_ _120.0.0 _
$ s0
0o-
-
- -
_ _
:
100.00
100.00
-__ 130.00_
----$30.00
30.00
95.00 _
110.00
120.00 _
150.00
115.00
70.00
i - Breaker_ -- --- - - - --_ _ -- i $. 45.00
Shear $ -75.00
_Power Sweeper_ _ $ 50.00
Backhoe $ 50.00 _
' Forklift _ $ __300/day _-
1500-2000 Gallon Water Truck $_ 300/d y
110,000 Gallon Elevated Water Tower $ 31.500/mo
Lo Bed Charges $ _ 150.00----
Hi-side End Dump_
Lo-side End Dump
110.00
100.00
J&G Industries Page 27
25C-30
PROFESSIONAL CONSULTING SERVICES
SURVEYING & MAPPING
THIS AGREEMENT, made and entered into this 41h day of April, 2011, by and between
JOHNSON-FRANK & ASSOCIATES, INC., a California corporation (hereinafter "Consultant"),
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
real estate surveying and mapping services.
B. Consultant represents that it is able and willing to provide such services for Santa Ana.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide services, as set forth in City's Request for Proposals-Right of
Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A,
and as more specifically described in Consultant's Proposal, attached hereto as Exhibit A-1, and
both exhibits incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the City's
Project Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
25C-31
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The
total sum to be expended on all consultants providing surveying and mapping services shall not
exceed an aggregate of $300,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. The invoice shall
include a detailed breakdown of the services provided, the project title, the tasks, the hours, and
hourly rates. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on April 1, 2011 and terminate on the later of February
28, 2012, or the expenditure of allocated funds, unless terminated earlier in accordance with
Section 13, below. The City shall have the option to extend the term for an additional one-year
period.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions.
25C-32
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
25C-33
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
and
Public Works - Design Engineering
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
25C-34
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Mr. Alan D. Frank
Johnson-Frank & Associates
5150 E. Hunter Avenue
Anaheim, California 92807
facsimile (714) 777-1641
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
25C-35
for such purposes as the City deems appropriate. However, any use of unfinished work product shall
be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
25C-36
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
DAVID N. REAM
City Manager
JOHNSON-FRANK &
ASSOCIATES, INC.
ALAN D. FRANK, P.L.S. 7172
Vice-President
Tax ID#
25C-37
EXHIBIT
SCOPE OF WORK
GENERAL REQUIREMENTS - RIGHT OF WAY SERVICES
Consultants under contract with the City of Santa Ana will provide support to City of
Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the
Statement of Work prior to submitting a response to this Request for Qualifications
(RFQ).
• The Consultant shall perform work to produce a high quality, professional and
complete work product.
• Consultant must have experience with State and Federally funded projects. All
work shall be performed in conformance with all applicable regulations, policies,
procedures and standards.
• Real estate appraisers provided by the Consultant must be certified and a
Member of the Appraisal Institute.
• All acquisition agents and property managers, performing work for the City, must
hold a valid California Real Estate License. Salespersons must be registered with
California Department of Real Estate (DRE), as working solely under the
Consultant's supervising broker of record.
• Work may include, but not be limited to, the following: onsite review of the project
area; review of existing records; conducting research and performing analysis;
information gathering; negotiations; development of strategies.
• The Consultant shall carry out the instructions received from the City and shall
cooperate with the City and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the
work produced. The work will be reviewed by the City for conformity with the
requirements of the Agreement. Reviews by the City may NOT include a
detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of Consultant.
• The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work
performed by its sub-consultants and the responsibility for accuracy and
completeness of work performed remains solely that of Consultant.
• The Consultant shall have a Quality Control Plan in effect during the entire time
work is being performed under the Agreement. The Quality Control Plan shall
establish a process whereby work products are independently checked,
corrected and back checked. All projects related correspondences and
documents should be maintained and bound in appropriate project files.
25C-38
• The Consultant shall diligently work on each assignment and complete each task
in accordance with the schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspections by City, County, State and
Federal representatives.
• Project files including copies of all correspondences, reports, documents, and
electronic files shall be submitted to the City when requested.
• All work, including reports, analysis, data, and intellectual properties developed
during the life of the Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon
on such notification, the Consultant will proceed with the services required by the
Agreement.
Specific Scope of Work for Surveying and Mapping Services includes:
The work, in general, consists of performing digital mapping by photogrammetric
methods as well as surveying for arterial streets. In addition, City may need consultant
services for legal description preparation.
Provide survey services as requested. A detailed scope of work will be outlined
when specific project is assigned to the consultant. Services shall include, but
are not limited to, cross-sections, intersection grids, centerline determination,
digital terrain models (.dtm), right of way determination, and the preparation of
legal descriptions with exhibits.
Generate a computer drawing in Microstation V8 format showing survey per the
attached City of Santa Ana CADD Standards as well as the sample survey
drawing on the City of Santa Ana website listed below:
• All survey needs to be prepared to the satisfaction of the City's Senior Surveyor
and meet the following standards:
o Horizontal control shall be based on the 1983 North American Datum
(NAD83), tied to a minimum of two proximate County of Orange, CCS83,
Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values
shall be provided in U.S. Survey Feet. The County control points shall
determine the Basis of Bearing for the project.
o Vertical control shall be based on the North American Vertical Datum of 1988
(NAVD88), tied to a minimum of two proximate County of Orange bench
marks. Project elevations shall be provided in U.S. Survey Feet.
o Horizontal alignment(s) for the project shall be tied to the survey centerline
monuments within the project area.
o With the coordinate values, a full location and detailed description, including
point character with reference(s), shall be provided for all found and set
monuments for the project. For this purpose, a sketch of the control network
is required.
25C-39
o Copies of all survey field notes and raw data files shall be provided along with
a listing of the final coordinates for all surveyed points. The digital file format
for the listing shall be: point number, northing, easting, elevation, description
(comma delineated with no spaces, one point per line). The coordinate
precision shall be one hundredth of a foot.
o At any given time the City may need to mobilize survey crews to different
project sites, the consultant shall have a minimum of three (3) survey crews
for mobilization.
All City CADD standards as well as Microstation configuration files are located at:
http://www.santa-ana.org/pwa/EngineeringServices.asp
25C-40
EXHIBIT A-1
CONSULTANT'S PROPOSAL
25C-41
? .J
WORK PLAN
hnson-Frank &-Associates,_ Inc.
(A8) Surveying & Mapping Services
City of Santa Ana
J -
The technical approach follows our production work flow, and is intended to give the reader a sound
understanding of the process we will follow to produce the desired deliverables. While we will
outline our approach to producing all of the deliverables asked for in the RFP, it is understood that
the City ultimately may not need all of the products and set-vices discussed.
Ground Control Surveys
This task involves setting the necessary ground control needed to support photogrammetric mapping
and aerial imaging operations.
• Johnson-Frank & Associates, Inc. will coordinate closely with the City to ensure full
understanding of the control requirements, and successful execution of the ground control
survey.
• Analysis of the City/County's available control will be performed in preparation for a
survey. We propose setting as many targets as possible coincident with points in the
existing control network. Research will be performed in preparation for any special
centerline determination, right-of-way determination and legal description requirements
associated with a project.
A flight and control planning map will be submitted to the City for each project. Formal
approval will be obtained from the City prior to mobilizing any field or airborne assets.
• Field crews will be mobilized to the project site. Static GPS sessions will be performed
using Trimble 4000 and/or 5700 GPS receivers to obtain precise position and elevation
information for each target location. Targets will be painted in.preparation for the photo
flight.
• All survey data will be reduced and checked using Star*Net software. Control point
positions will be output in the coordinate, datum and unit systems desired by the City. A
survey report will be provided to the City Surveyor; together with a MicroStation file and
hardcopy plot of the survey.
5150 E. Hunter Ave. 14 Anaheim, CA 92807
(714) 777-8877 alanf o n nk_com FAX: (714) 777-1641
Aerial Photography
Johnson-Frank & Associates Inc.
(A8) Surveying & Mapping Services
City of Santa Ana
This task involves acquisition of imagery for the project.
• Upon receiving notification that all aerial targets have been set, Johnson-Frank will
mobilize a camera aircraft to the project site. Stereoscopic aerial photography (color or
B/W, as desired by the City) will be acquired using a Leica RC-30, Zeiss RMK-Top, or
Digital Vexcel UltraCamLp precision aerial mapping camera and fine-grain aerial
negative film, or possibly a digital aerial camera.
Photo Lab Work
This task involves processing of the aerial negative film, and production of derivative hard-copy
products.
• The aerial negatives will be processed, labeled, and checked for compliance with the
City-approved flight plan and industry standard flight tolerances.
• Contact prints will be printed using a LogETronics Mark II Automatic Dodging Printer,
and processed using an AGFA Model 125 Automatic Processor.
(This step will not occur if the digital camera is employed)
Film Scanning
This task involves scanning of the aerial negatives to produce raw digital raster imagery in
preparation for analytical aerotriangulation, photogrammetric data extraction and o?thorectification.
• Negatives of the aerial photography will be placed into a precision Photogrammetric
Scanning System and scanned at a resolution of 12.5 microns (2032 DPI).
e Automatic dodging software will optimize each image, evening out localized bright and
dark patches to ensure even, consistent looking imagery of the highest possible quality
for imaging tasks.
50 E. Hunter Ave. 15 Anaheim, CA 92807
a
Surveying & Mapping Services
City of Santa Ana
(This step will not occur if the digital camera is employed)
Analytical Aerotriangtttation
This task involves the densification and verification of field control data in order to enable the aerial
imagery to be used for photogrammetric processes.
• All point marking and reading will be performed digitally. All targeted ground control,
passpoints, checkpoints and drop points will be located, symbolized and marked digitally
on the raster images.
• Analytical aerotriangulation computations will be run using ORIMA software, which is
capable of performing block/bundle adjustments using a rigorous least squares analysis,
and possesses error detection and removal facilities. Corrections for lens distortion, earth
curvature, atmospheric refraction, and film shrinkage will be applied.
• The output X, Y and Z residuals for all control points and RMS errors for the entire
control network will be examined to ensure that they fall within the acceptable range for
the accuracy level of mapping selected by the City.
Digital Terrain Model Creation
This task involves creation of digital terrain models to support generation of contours and production
of digital orthophotos.
• Masspoints and breaklines will be extracted in the quantities and locations needed to
achieve the most accurate possible representation of the ground surface for production of
contours and orthophoto production, if needed. Bridges and overpasses will be correctly
modeled in 3D.
• Contours will be generated from the DTM's using Intergraph SiteWorks and displayed on
the graphics screen of a digital photogrammetric workstation. The operator checks the
contour set by viewing it in 3D with digital aerial imagery in the background.
5150 E. Hunter Ave. 16 Anaheim, CA 92807
.com
Johnson-Frank & Associates, Inc,
(A8) Surveying & Mapping Services
City of Santa Ana
• Line smoothing programs are used where appropriate to enhance aesthetic quality of the
contour strings. Every index contour will be labeled.
Digital Planimetric Mapping
This task involves extraction and processing of planimetric features from the aerial photography
using interactive photogrammetric techniques. Data from field edits will be integrated at this stage as
well.
• The photogrammetric technicians will digitize all of the planimetric features desired by
the City into a MicroStation design (.DGN) file using digital mapping software. Common
features are grouped together and placed on predetermined levels in accordance with the
City's CADD specification, and assigned their distinguishing lineweights, linestyles and
colors.
• The planimetric files will be divided into sheets as desired by the City, and carefully
reviewed by the QC Technicians for correctness, completeness, and aesthetic quality. The
files will also be checked for full compliance with the City's CADD specification. QC
checks will be performed with digital imagery in the background, and the planimetric
data superimposed, making any missing or incorrectly digitized features readily apparent.
Checkplots will be produced as a final step in the QC process.
• The preliminary file sets will be written to CD-ROM disks for delivery to the City,
together with a set of Checkplots.
• Upon receiving approval from the City, field crews will be mobilized to perform field
edits, cross-sections, supplemental DTM data collection, and any other survey tasks
desired by the City. Total station instrumentation and data collectors will be used for this
task.
• Upon completion of the field surveys, the data collectors will be downloaded, the data
processed, and integrated into the MicroStation files with the photogranunetrically
captured information. Following final QC checks, the completed MicroStation files will
be written to CD-ROM disks for delivery to the City, together with a set of hardcopy
plots.
5150 E. Hunter Ave. 17 Anaheim, CA 92807
(714) 777-8877 alanfra"Condrk.com FAX: (714) 777-1641
-140
J
Orthorectification
nson-Frank & Associates, inc.
(A8) Surveying & Mapping Services
City of Santa Ana
This task involves orthorectifi cation of the raw digital raster images that were created by scanning
the aerial negatives. A number of image processing techniques are used to maximize the quality of
the deliverable images.
• -The unrectified raster images will be georeferenced to the DTM's using the field control,
analytical aerotriangulation and aerial camera data. The digital orthophotography will be
created by draping the unrectified raster images over their corresponding digital terrain
models. All relief displacement will be removed from the raw image files at ground level
on a pixel-by-pixel basis, yielding a set of orthorectified digital photo images.
• Mosaicking will be performed to ensure a perfect edge match between all orthophoto
sheet tiles. Creation of seam lines is performed interactively to ensure that no image
flaws result from seam lines passing through tall structures.
• Radiometric adjustment will be performed to balance and match color tones, brightness
and contrast of the imagery over the whole project. Histograms will be applied on a
project basis and not just to adjacent tiles, ensuring uniformity of tone over the entire
image database. Image editing software will be used to repair any minor flaws on the
imagery.
• The imagery will be tiled into sheets as desired by the City. The digital orthophoto
software will be instructed to output a COT file for each orthophoto tile. The completed
image data set will be written to CD-ROM disks for delivery to the City. Images will be
delivered in the format selected by the City, including ecw files if requested.
Ground /Field Topographic Surveys
This task involves the survey and data collection of any features to be picked up by crews in the
field.
5150 E. Hunter Ave. 18 Anaheim, CA 92807
(714) 777-8877 alanfrar W$ftnr*1Mk.com FAX: (7141777-1641
..1 Johnson-Frank & Associates Inc.
(A8) Surveying & Mapping Services
City of Santa Ana
• Prior to submitting a cost estimate, we always thoroughly review the survey request as
well as the site at hand, both from on-site visits as well as through aerial and satellite
imagery readily available through Google Earth.
• Our project manager will attend pre-project meetings with the City's staff or other City
consultants as may be'needed.
• We will adhere to the City control system, if any, and provide control deliverables in
digital format.
• We will adhere to the City's line and symbology requirements as they may pertain to
CAD files. This is an issue with which we are very familiar. Working with local
municipalities, Counties, and US Governmental agencies, we are familiar with translating
into anyone's CAD standards seamlessly.
• All of our topographic work products are produced, and will be delivered in Microstation
(or AutoCAD if requested). In addition, we will submit ASCII coordinate files along
with said DGN/DWG file.
• Again, we understand that public relations can sometimes be everything, and we will
maintain good public relations throughout the project.
• We will perform any additional surveying requested by the City, including the
preparation and filing of Coiner Records andfor Record of Surveys as required by law.
Legal Descriptions
Provide legal descriptions in conformance with State law if requested.
• For more than three decades, our staff have been preparing and reviewing legal
descriptions for municipalities, counties, the State of California, and the Federal
Government. We have written legal descriptions that describe enormous military
installations as well as simple easement strips.
5150 E. Hunter Ave. 19 Anaheim, CA 92807
MAI 777-AA77 nF? h n _fronir rnm CAY- 171AX 777_1AAI
F
J
Staffing
-Frank & Associates, Inc.
(A8) Surveying & Mapping Services
City of Santa Ana
Our firm consists of a total of twenty professional and technical personnel, which provides sufficient
staff to perform projects that may arise within schedule. Johnson-Frank & Associates, Inc.
maintains a highly professional staff. We are proud of the fact d)at 6 of our 14 office staff and two
of our Survey Party Chiefs are registered to practice land surveying in the State of California. Below
is a summary of the experience, training, and skills of our professional staff.
• Alan D. Frank, PLS: Project Manager And Contract Administrator
o Licensed in California since 1995 - PLS 7172, expires 12/31/2011
o Licensed in Arizona since 2004 - RLS 41830, expires 12/31/2013
o Licensed in Nevada since 2008 - PLS 19539, expires 6130/2011
o Certified Federal Surveyor #1091
0 20 years of experience
a Bachelor of Science degree in Surveying Engineering, CSU Fresno
o Masters degree in Business Administration, CSU Fullerton
o Considered an expert in Star*Net Least Squares use and training
• Roger A. Frank, PLS: Quality Control and Project Surveyor
o Licensed in California since 1975 - PLS 4215, expires 6/30/2012
o Licensed in Nevada since 1980 - PLS 5456, expires 6/30/2011
o Certified Federal Surveyor #1092
0 45 years of experience in public and private sectors
o Licensed in 6 additional states
o Considered an expert in Star*Net Least Squares use and training
• Tony Cuomo, PLS: Project Surveyor
o Licensed in California in 1988 - PLS 6042, expires 6/30/2011
a 36 years of surveying experience
5150 E. Hunter Ave.
-RR77
AY.
CA 92807
rrnm
John
Frank & Associates, Inc.
(A8) Surveying & Mapping Services
City of Santa Ana
• Chuck Krepp, PLS: Project Surveyor
o Licensed in California since 1975 - PLS 4224, expires 6/30/2012
o Licensed in Nevada since 1981 - PLS 5801, expires 6/30/2011
0 46 years of surveying experience
• Chuck Tripi, PLS: Project Surveyor
o Licensed in California in 1996 - PLS 7299, expires 12/31/2010
0 25 years of surveying experience
• Greg Sebottrn, PLS: Project Surveyor
o Licensed in California in 2007 - PLS 8395, expires 3/31/2012
0 11 years of surveying experience
• Mark Platt, PLS: Survey Party Chief
o Licensed in California in 1993 - PLS 6903, expires 6/30/2011
o 31 years of surveying experience
• Rich Smith, PLS: Survey Party Chief
o Licensed in California in 1999 - PLS 7556, expires 12/31/2011
0 23 years of surveying experience
Johnson-Frank d Assoc., Inc.
Roger A. Frank, PLS
President/CEO
(Quality Control / Protect Surveyor this Project)
Alan D. Frank, PLS
Vice President
(Project Manager this Project)
Accounting
Teresa Frank
Safety
Leonard Castillo
Land Surveying & Mapping Aerial Photogrammetry
Johnson-Frank & Assoc., Inc. 6eospatial Professional Solutions, Inc.
Alan 0, Frank, PLS a Tony Cuomo, PLS Paul Rivers a Ramon Ramos
5150 E. Hunter Ave. 21 Anaheim, CA 92807
171AI 777-AR77 CAV- r74A% 777 4CA4
i.
I MI I Vyy y•yIYy V,
(A8) Surveying & Mapping Services
City of Santa Ana
Subconsultant Profile - GeoSpatial Professional Solutions, Inc. (GPSi)
4 Headquartered in Costa Mesa, CA, Geospatial Professional Solutions
i Inc. (GPSi) features the next generation of geospatial solutions that
GPM ) encompasses aerial image acquisition using the UltraCamLp digital
aerial mapping camera, photogrammetry, remote sensing, and
Geographic Information Systems. We are a certified small, and
woman-owned minority (SBE/WMBE) business. Our leadership team
has a 27-year legacy of success in meeting and exceeding our clients'
mission-critical needs that have rigorous mapping, CADD, GIS and
orthophoto standards and specifications. This is reflected in our high
client retention rate along with a legion of satisfied customers.
GPSi is proud to be the only California-based mapping company to
offer the UltraCamLp, a Microsoft Vexcel digital aerial mapping
camera tailored for high accuracy, design grade engineering mapping.
With features like 92 megapixel image format, a 1:2.2 pan sharpen
ratio that collects PAN, RGB and NIR in parallel, and forward motion
compensation by Time Delayed Integration (TDI), this camera delivers
the same technical capabilities of larger models. The ability to deliver
true-color and color-infrared (CIR) image quality with unmatched
radiometric range, makes it ideal for small to medium sized large-
scale, photogrammetric projects, high-resolution orthophoto
production, precision photogrammetry, corridor mapping, and LiDAR
integration. In addition to the digital camera, we utilize industrial
strength software, state-of-the-art multi-terabyte data servers utilizing
48 hyper threaded CPUs for distributed image processing with
automated load balancing.
5150 E. Hunter Ave. 6
E, CA 92807
AN 777-4AA4
rnm
F Johnson-Frank & Associates Inc.
' (A8) Surveying & Mapping Services
City of Santa Ana
We are proud to offer clients the full spectrum of aerial surveying,
photogrammetric products and services, including but not limited to
the following:
• Photogrammetry Project Management/Consulting Services
• Flight planning for both conventional & AGPS missions
• Digital Aerial Photography [PAN, RGB, CIR, 4-Band] - Full
Digital Workflow UltraCamLp
• Digital Image processing
• Conventional film based aerial photography
• Aerial Mosaics
• Airborne Global Positioning Systems (AGPS)
• Acquisition and Processing of Remotely-Sensed Terrain Data
(LIDAR)
• Digital Aerotriangulation
• Photogrammetric Extraction of Terrain & Planimetric Data Sets
• Digital Orthophotography
• Precision Photogrammetric Scanning & Photo Lab Services
• CADD and Geographic Information Systems
We have worked on numerous on-call contracts with public agencies,
- and GPSi's staff is intimately familiar with the District's standards and
specifications, We look forward to working with you on your future
projects.
5150 E. Hunter Ave. 7
gape-com
CA 92807
1 777-1641
EXHIBIT B
FEE SCHEDULE
25C-52
EXHIBIT B
Pagel of'9
Right of Way Consulting and Related Services
PRICE SUMMARY SHEET
- SCHEDULE I -- HOURLY RATES
Name Job Title!
Classification
Job Function Fully Burdened
Hourly Rate*
Alan D. Frank Vice President Project Manager 171.00
Roger A. Frank President, CEO Quality Control $171.00
Tony Cuonio Senior Project Manager Project Surveyor / Manager $171.00
Licensed Land Surveyor $171.00
Tenior Survey Technician $126.00
Survey Technician $115.00
1 Person Survey Crew $157.00
2 Person Survey Crew 260.00
3 Perso
Crew 317.00
Clericary
EDO 50.00
n r
Fully Burdened rates include all overhead, general costs, administration costs and profit.
Page 36 of 36
25C-53
25C-54
PROFESSIONAL CONSULTING SERVICES
SURVEYING & MAPPING
THIS AGREEMENT, made and entered into this 4th day of April, 2011, by and between
COAST SURVEYING, INC., a California corporation (hereinafter "Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
real estate surveying and mapping services.
B. Consultant represents that it is able and willing to provide such services for Santa Ana.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide services, as set forth in City's Request for Proposals-Right of
Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A,
and as more specifically described in Consultant's Proposal, attached hereto as Exhibit A-1, and
both exhibits incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the City's
Project Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
25C-55
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The
total sum to be expended on all consultants providing surveying and mapping services pursuant to
City's RFP shall not exceed an aggregate of $300,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. The invoice shall
include a detailed breakdown of the services provided, the project title, the tasks, the hours, and
hourly rates. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on Apri11, 2011 and terminate on the later of February
28, 2012, or the expenditure of allocated funds, unless terminated earlier in accordance with
Section 13, below. The City shall have the option to extend the term for an additional one-year
period.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions.
25C-56
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
25C-57
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
and
Public Works - Design Engineering
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
25C-58
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Mr. Ruel del Castillo
Coast Surveying, Inc.
15031 Parkway Loop, Suite B
Tustin, California 92780-6527
facsimile (714) 918-6277
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
25C-59
for such purposes as the City deems appropriate. However, any use of unfinished work product shall
be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
///
25C-60
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
DAVID N. REAM
City Manager
COAST SURVEYING, INC.
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
RUEL DEL CASTILLO, P.L.S. 4212
President
Tax ID#
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
25C-61
EXHIBIT
SCOPE OF WORK
GENERAL REQUIREMENTS - RIGHT OF WAY SERVICES
Consultants under contract with the City of Santa Ana will provide support to City of
Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the
Statement of Work prior to submitting a response to this Request for Qualifications
(RFQ).
• The Consultant shall perform work to produce a high quality, professional and
complete work product.
• Consultant must have experience with State and Federally funded projects. All
work shall be performed in conformance with all applicable regulations, policies,
procedures and standards.
• Real estate appraisers provided by the Consultant must be certified and a
Member of the Appraisal Institute.
• All acquisition agents and property managers, performing work for the City, must
hold a valid California Real Estate License. Salespersons must be registered with
California Department of Real Estate (DRE), as working solely under the
Consultant's supervising broker of record.
• Work may include, but not be limited to, the following: onsite review of the project
area; review of existing records; conducting research and performing analysis;
information gathering; negotiations; development of strategies.
• The Consultant shall carry out the instructions received from the City and shall
cooperate with the City and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the
work produced. The work will be reviewed by the City for conformity with the
requirements of the Agreement. Reviews by the City may NOT include a
detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of Consultant.
• The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work
performed by its sub-consultants and the responsibility for accuracy and
completeness of work performed remains solely that of Consultant.
• The Consultant shall have a Quality Control Plan in effect during the entire time
work is being performed under the Agreement. The Quality Control Plan shall
establish a process whereby work products are independently checked,
corrected and back checked. All projects related correspondences and
documents should be maintained and bound in appropriate project files.
25C-62
• The Consultant shall diligently work on each assignment and complete each task
in accordance with the schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspections by City, County, State and
Federal representatives.
• Project files including copies of all correspondences, reports, documents, and
electronic files shall be submitted to the City when requested.
• All work, including reports, analysis, data, and intellectual properties developed
during the life of the Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon
on such notification, the Consultant will proceed with the services required by the
Agreement.
Specific Scope of Work for Surveying and Mapping Services includes:
The work, in general, consists of performing digital mapping by photogrammetric
methods as well as surveying for arterial streets. In addition, City may need consultant
services for legal description preparation.
• Provide survey services as requested. A detailed scope of work will be outlined
when specific project is assigned to the consultant. Services shall include, but
are not limited to, cross-sections, intersection grids, centerline determination,
digital terrain models (.dtm), right of way determination, and the preparation of
legal descriptions with exhibits.
Generate a computer drawing in Microstation V8 format showing survey per the
attached City of Santa Ana CADD Standards as well as the sample survey
drawing on the City of Santa Ana website listed below:
• All survey needs to be prepared to the satisfaction of the City's Senior Surveyor
and meet the following standards:
o Horizontal control shall be based on the 1983 North American Datum
(NAD83), tied to a minimum of two proximate County of Orange, CCS83,
Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values
shall be provided in U.S. Survey Feet. The County control points shall
determine the Basis of Bearing for the project.
o Vertical control shall be based on the North American Vertical Datum of 1988
(NAVD88), tied to a minimum of two proximate County of Orange bench
marks. Project elevations shall be provided in U.S. Survey Feet.
o Horizontal alignment(s) for the project shall be tied to the survey centerline
monuments within the project area.
o With the coordinate values, a full location and detailed description, including
point character with reference(s), shall be provided for all found and set
monuments for the project. For this purpose, a sketch of the control network
is required.
25C-63
o Copies of all survey field notes and raw data files shall be provided along with
a listing of the final coordinates for all surveyed points. The digital file format
for the listing shall be: point number, northing, easting, elevation, description
(comma delineated with no spaces, one point per line). The coordinate
precision shall be one hundredth of a foot.
o At any given time the City may need to mobilize survey crews to different
project sites, the consultant shall have a minimum of three (3) survey crews
for mobilization.
• All City CADD standards as well as Microstation configuration files are located at:
http://www.santa-ana.orq/pwa/Engineerin.qServices.asp
25C-64
EXHIBIT A-1
CONSULTANT'S PROPOSAL
25C-65
COASTSURVEYING, INC.
15031 PARKWAY LOOP. SUITE B. TUSTIN, CA 92780-6527 (714)918-6266 FAX(714)918-§277
!2M..coestsurvev, coat
November 15, 2010
City of Santa Ana, Public Works Department
Attn: Sour! Amirani, Deputy City Engineer
20 Civic Center Plaza M-36
Santa Ana, CA 92701
Dear Mr. Amlranl:
RE: CITY OF SANTA ANA RIGHT OF WAY CONSULTING AND RELATED SERVICES IN
SPECIALITY AREA (A8) SURVEYING AND MAPPING SERVICES
Coast Surveying, Inc., a California corporation, is very interested In providing surveying
and mapping services for Right of Way projects to the City of Santa Ana. Coast has been
providing professional surveying and mapping services throughout southern California since
1981 to many City, County, State, and Federal Agencies, local Transportation Authorities, as
well as numerous private engineering companies.
Coast Surveying, Inc. (Coast) has been in business in Orange County for 29 years, the first 8
years in Santa Ana, and Is currently providing surveying services to the City of Santa Ana, as
well as the Cities of Tustin, Garden Grove, Irvine, and Newport Beach.
Ruel del Castillo, PLS 4212, will be the Project Manager and the California Professional Land
Surveyor in responsible charge of all survey work performed under this contract. His contact
information follows:
Ruel del Castillo, PLS 4212 rueLdelcastillo@coastsurvey.com
Coast Surveying, Inc. www.coast-survey.com
15031 Parkway Loop, Suite B phone: (794) 918.6266
Tustin, CA 92780-6527 fax: (714) 998-6277
If you have any questions or comments, please contact me directly by phone, fax or by e-mail
at ruel.delcastilio@coastsurvey.com. Thank you in advance for considering our firm.
Very truly yours,
t L G"k
Hell Castillo, P.L.S. 4212
President
P110-181
25C-66
Project Manager, at (714) 741-5191. Address: City of Garden Grove, 11222 Acacia Avenue,
Garden Grove, CA (P.O. Box 3070, Garden Grove, CA 92842).
B. PROPOSED STAFFING AND PROJECT ORGANIZATION -
KEY PERSONNEL
Key Personnel will be available to the extent proposed for the duration of the project and no
person designated as key to the project will be removed or replaced without the prior written
consent of the City of Santa Ana.
PROJECT MANAGER
Ruei del Castillo, PLS has over 46 years of experience in managing both field and office
operations for all phases of surveying and mapping services, with 29 years at Coast, and was
licensed as a Land Surveyor in California in 1975 as P.L.S. 4212. He has managed over 50
"on-call" contracts directly for, or in support of, many federal, state and local agencies
including the Cities of Santa Ana, Tustin, Garden Grove, Irvine, Newport Beach, and Seal
Beach, the Counties of Orange, Los Angeles, San Bernardino, and Mariposa, the U.S. Forest
Service, various U.S. Army Corps of Engineer Districts, the U.S. Navy - Southwest Division
and the Metropolitan Water District of Southern California (MWD).
He has a "hands-on" working knowledge of various land surveying services including final
subdivision map checking, right-of-way mapping, preparation of legal descriptions, boundary
surveys & analysis, GPS surveys, topographic surveys, utility location surveys, aerial
photogrammetric mapping, large-scale aerial and geodetic control, construction staking, and
monitoring quantities. For example, while working directly for the County of Orange, Mr. del
Castillo was responsible for all boundary surveys, first-order & second-order vertical and
horizontal control surveys, photogrammetric mapping, control surveys and centerline surveys.
In 1981, he established his own surveying company in Orange County, Coast Surveying, Inc.
Over a 29-year period with a staff of up to 40, his company completed hundreds of surveying
projects in southern California generating over $50M in fees. Mr. del Castillo serves as Coast's
President and provides project management as well as contract administration for all major
Coast contracts. Mr. del Castillo is licensed as a Professional Land Surveyor in the states of
California, Arizona, Nevada, New Mexico, Colorado, Utah, Idaho and Washington, and is also
a Certified Federal Surveyor (CFedS). Availability 20%.
PROJECT SURVEYOR - OFFICE SURVEY MANAGER
Gwen del Castillo, PLS has over thirty-three years of surveying experience in southern
California, with 26 years at Coast, was licensed as a Land Surveyor in California in 1982 as P.
L.S. 5108, and has an AA degree in surveying from Santa Rosa College. Ms. del Castillo has
had extensive experience in boundary analysis, preparation and checking of legal descriptions
and maps, Corner Records, checking of final subdivision maps and Records of Surveys,
research, as well as providing internal checking and quality control. Ms. del Castillo has also
had extensive experience in field note reduction, calculations, preparation of as-built plans,
and GIS database setup, input, review, analysis and output. Ms. del Castillo was responsible
for the preparation and processing of centerline ties & Corner Records, as well as Records of
Survey and right of way mapping. Availability 40%.
PROJECT SURVEYOR - FIELD SURVEY MANAGER
25C-67
Ken Kasbohm, PLS has over thirty-three years of surveying experience, with 20 years at
Coast, in the field and directing field crews in performing all types of surveying including
vertical and horizontal control, photo control, GPS surveys, topographic surveys, design
surveys, boundary surveys, right of way surveys, and construction layout. Mr. Kasbohm is a
Professional Land Surveyor in California since 1997 as P.L.S. 7371, has been a Certified
Party Chief since 1985, and has been Hazmat trained since 1986. Mr. Kasbohm directs the
work of the field crews, sets up the work for each crew, and has continued to work as a survey
party chief as needed. During the fast few years, he has been responsible for the.preparation
of numerous Records of Survey for MWD properties along the Colorado River Aqueduct.
Availability 40%.
ADDITIONAL PERSONNEL
Neil Darling, Survey Analyst
Rod Reiter, Survey Party Chief
Bob McDermott, Survey Party Chief
Please see attached full-sized resumes for key personnel, additional personnel,
and organizational chart,
C. WORK PLAN
Coast Surveying, Inc. will coordinate all efforts with the City of Santa Ana Project Manager to
facilitate the proper and timely completion of the project. Coast will prepare a detailed work
plan and schedule and confirm this with the PM. Coast will confirm with the PM the critical
path task items and will take appropriate measures to stay on track or complete the critical
path tasks early. Coast will contact all subconsultants and notify them of our Notice to
Proceed, preliminary schedule, and confirm their scope of work. Permission to access land of
adjacent owners must be given from the PM.
Coast Surveying will assign an experienced survey crew to this project and a second
experienced survey crew as backup. Coast will prepare a detailed written scope of work and
schedule for the survey crews. The assigned party chief will be completely familiar with the
survey limits, survey scope, schedule and specifications. Coast's entire field personnel will be
safety trained to work on and near highways and railroads. All of Coast's field personnel are
Roadway Worker Certified to work on railroad Right-of-Way under the direction of the
assigned railroad flagman. They will also wear the required safety gear while working in the
field. Any unsafe working issues will be immediately reported to the PM and if deemed
necessary to delay work in the unsafe working area(s) until it is deemed safe. to continue work.
Coast Surveying is fully equipped and will insure that all survey vehicles, survey instruments,
equipment, supplies and other miscellaneous tools are calibrated, suitable and in safe working
conditions to perform the required work on this project. Coast Surveying also has sufficient
hardware and software to process the data to perform all the services required on this project.
Coast also has all the office equipment, tools and supplies to perform all the services required
on this project.
25'C-68
Coast will perform research and reconnaissance of existing project control monuments. Coast
will verify the Northing, Easting..:.and Elevation of these monuments. Coast will perform
research at the City and County for Tract Maps, Parcel Maps, Records of Survey, Corner
Records and Centerline Ties.
Coast will perform all work in a manner equal or better to the standard of care for the industry
and will undergo Quality Assurance and Quality Control set forth in both Coast's and the
Client/Prime's QA/QC procedures. There will be an open communication between the PM and
Coast Surveying regarding the task progress, allocated task funds and other pertinent issues.
D. EXCEPTIONS / DEVIATIONS
There are no Technical or Contractual deviations noted.
E. COST AND PRICE PROPOSAL
Please see attached Exhibit A and Exhibit B cost proposal forms.
WHY YOU SHOULD CHOOSE COAST
Project Manager, Ruel del Castillo, P.L.S. 4212, has over 46 years of surveying
experience in Orange County, who has been licensed as a Professional Land Surveyor
in California since 1975. He has extensive experience in all aspects of land surveying.
Office Survey Manager, Gwen del Castillo, P.L.S. 5908, has over 33 years of surveying
experience in Orange County, most of that involving rights of way and legal
descriptions.
• Field Survey Manager, Ken Kasbohm, P.L.S. 7379, has over 33 years of surveying
experience, the last 20 years with Coast.
• Coast Surveying, Inc. has over 29 years experience in Orange County performing all
types of surveying and mapping on transportation related projects.
• Our office is less than ten minutes away from the Santa Ana City offices.
Approximately 95% of our work is performed for governmental agencies.
• Coast has a history of pleasing our clients -- over 85% of our work comes past clients.
SURVEYING AND MAPPING IS OUR ONLY BUSINESSI
25C-69
25C-70
EXHIBIT A
Page 1 of 1
Right of Way Consulting and Related Services
PART 1 - LIST OF KEY PERSONNEL
Names Functions
LJ 4 D f
ENV - Q C?
PART II - LIST OF SUBCONSULTANT/SUBCONTRACTORS
Subcontractor NamelAddress Function
j wry s, A04-9 5Z ,W *44 Y.
Ag616 do nAV-W-4 CA 9z AEi?1f?G 4 0 P*f?CiQi4?1?Tr?
Page 3S of 36
25C-71
EXHIBIT B
FEE SCHEDULE
25C-72
EXHIBIT B
Page 1 of 1
Right of Way Consulting and Related Services
PRICE SUMMARY SHEET
SCHEDULE I -- HOURLY RATES
Name Job Title/
Classification Job Function Fully Burdened
Hourly Rate*
lte-L awCA:F# iawr Ro c? R $&6;, U
kA?? T sa ev o /Ot A/
a(s/ ll0 TSB ,Z ?l/??Y ? /3q, 8 7
G wx R? /ice /3?l7
??c !!,k ? C}y ?Ir9? /6.75
1-ully Burdened" rates include all overhead, general costs, adminlstratio osts and profit.
CO P!lT?D 6U<7;?X 771 60/ 6A
?o
Page 36 of 36
25C-73
25C-74
ENVIRONMENTAL ASSESSMENT
SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of April, 2011, by and between
LEIGHTON CONSULTING GROUP, INC., a California corporation (hereinafter "Consultant"),
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
environmental assessment services.
B. Consultant represents that it is able and willing to provide such services for Santa Ana.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide services, as set forth in City's Request for Proposals-Right of
Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A,
and as more specifically described in Consultant's Proposal, attached hereto as Exhibit A-1, and
both exhibits incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the Project
Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
25C-75
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The
total sum to be expended on all consultants providing environmental assessment services shall not
exceed an aggregate of $200,000, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. The invoice shall
include a detailed breakdown of the services provided, the project title, the tasks, the hours, and
hourly rates. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on April 1, 2011 and terminate on the later of February
28, 2012, or the expenditure of allocated funds, unless terminated earlier in accordance with
Section 13, below. The City shall have the option to extend the term for an additional one-year
period.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions.
25C-76
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
25C-77
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
Public Works - Design Engineering
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
25C-78
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Leighton Consulting Group, Inc.
17781 Cowan
Irvine, California 92614
facsimile (949) 250-1114
Attn: Kris R. Lutton
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
25C-79
for such purposes as the City deems appropriate. However, any use of unfinished work product shall
be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
25C-80
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
DAVID N. REAM
City Manager
LEIGHTON CONSULTING, INC.
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
KRIS R. LUTTON
Senior Vice President
Tax ID#
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
25C-81
EXHIBIT
SCOPE OF WORK
GENERAL REQUIREMENTS - RIGHT OF WAY SERVICES
Consultants under contract with the City of Santa Ana will provide support to City of
Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the
Statement of Work prior to submitting a response to this Request for Qualifications
(RFQ).
• The Consultant shall perform work to produce a high quality, professional and
complete work product.
• Consultant must have experience with State and Federally funded projects. All
work shall be performed in conformance with all applicable regulations, policies,
procedures and standards.
• Real estate appraisers provided by the Consultant must be certified and a
Member of the Appraisal Institute.
• All acquisition agents and property managers, performing work for the City, must
hold a valid California Real Estate License. Salespersons must be registered with
California Department of Real Estate (DRE), as working solely under the
Consultant's supervising broker of record.
• Work may include, but not be limited to, the following: onsite review of the project
area; review of existing records; conducting research and performing analysis;
information gathering; negotiations; development of strategies.
• The Consultant shall carry out the instructions received from the City and shall
cooperate with the City and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the
work produced. The work will be reviewed by the City for conformity with the
requirements of the Agreement. Reviews by the City may NOT include a
detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of Consultant.
• The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work
performed by its sub-consultants and the responsibility for accuracy and
completeness of work performed remains solely that of Consultant.
• The Consultant shall have a Quality Control Plan in effect during the entire time
work is being performed under the Agreement. The Quality Control Plan shall
establish a process whereby work products are independently checked,
corrected and back checked. All projects related correspondences and
documents should be maintained and bound in appropriate project files.
25C-82
• The Consultant shall diligently work on each assignment and complete each task
in accordance with the schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspections by City, County, State and
Federal representatives.
• Project files including copies of all correspondences, reports, documents, and
electronic files shall be submitted to the City when requested.
• All work, including reports, analysis, data, and intellectual properties developed
during the life of the Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon
on such notification, the Consultant will proceed with the services required by the
Agreement.
• The Consultant shall complete work under the direction of City staff. The
Consultant will be expected to provide experienced and knowledgeable
professional staff which will be responsive and maintain excellent working
relationships with property owners, tenants, and City staff. The Consultant shall
be committed to provide adequate staffing levels at all times in order to adhere to
established schedules. The Consultant shall be knowledgeable and very familiar
with federal, state and local regulations, policies and procedures as pertain to the
right of way services provided.
Specific Scope of Work for Environmental Consulting Services include:
Phase I Environmental Site Assessment
Coordinate a Phase I study to be performed in compliance with the standard practices of
the American Society for Testing and Materials (ASTM) Phase I ESA Process (Standard:
E 1527-00). Monitor to see that: reasonable attempts are made to interview the existing
and former owners of the properties; a visual survey of the site and adjacent sites is
made; reasonable attempts are made to contact local government officials regarding
conditions in connection with the property; a review of site and area land use history is
completed; and a review of site area for geology and subsurface/surface potential for
pollutant transport from public sources. Review complete report to assure contents of
inspections and interviews, site characteristics, record and historical review information
and potential contamination issue, and conclusions and recommendations for any work
required. Copies to be distributed to City file, City Attorney and Property Management
consultant, if required, on the site.
Phase II Environmental Site Assessment
Review with City staff the Phase I ESA to determine the need for a Phase II ESA
Survey. If necessary, coordinate the completion of a Phase II ESA. Upon receipt of the
Phase II report, prepare recommendation to for additional environmental analysis.
Distribute the Environmental Site Report and written recommendations to City staff and
City Attorney's office.
25C-83
Demolition Asbestos & Follow Up Surveys
Coordinate or assist the Property Management Consultant with the coordination and
completion of asbestos and lead surveys. Coordinate distribution of these reports to
applicable consultants. Perform a follow-up inspections before the beginning the
demolition process.
25C-84
EXHIBIT A-1
CONSULTANT'S PROPOSAL
25C-85
Leighton Consulting, Inc.
.a A LEIGHTON GKQU.0 CQFAPANY
November 15, 2010
Souri Amirani
Dep4ty.City Engineer
City of Santa Ana, Public Works Department
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Re: Proposal to Provide Right of Way Consulting and Related Services for
(A6) Environmental Services
Dear Ms. Amirani:
The City of Santa Ana {City} is tasked with acquiring properties necessary for the
improvement-of the roadways and intersections within the City. These necessary improvements
not only increase roadway capacity and safety, but will generate jobs and promote industry.
To achieve your transportation improvement goals in serving the citizens of Santa Ana, the
City requires an environmental consultant that provides a highly qualified project team with a
wide range of site assessment and remediation experience; responsive dedicated local
resources; extensive successful experience with the local regulatory agencies; detailed
knowledge of the local environmental conditions; and reasonable rates. Leighton Consulting,
Inc. (Leighton) is that consultant. Leighton has long-standing roots in Orange County,
maintaining a local office for nearly 50 years. We have worked on more than a 1,000 sites
within the County boundaries. Our clients have benefited from our depth of experience
performing environmental site assessments, preparing human health risk assessments
(HHRAs), feasibility studies, remedial action plans, coordinating the completion of asbestos and
lead surveys and follow up inspections, and managing and/or implementing remediation
programs.
Having worked for the City of Santa Ana in a similar capacity, Leighton recognizes the need
- to tailor specific environmental programs to address your goals and procedures for each
individual site. We will accomplish this by meeting with the project team and listening to input
17781 Cowan ¦ Irvine, CA 92614-6009
949.253.9
$36 ¦ Fax 949.250.1114 w www.leighlonconsuhing.com
CN 6
25C-86
City of Santa Ana-(A6) Environmental Services ( November 15, 2010
Page 2
from the key stakeholders. We will work collaboratively with-you to create a plan of action to
M achieve your goals, and respond to environmental challenges.
Legal Entity:
Leighton Consulting, Inc., a California corporation, will have the contractual responsibility
awarded from this proposal. Please contact me directly at our corporate address below should
you have any questions or need further information during.the proposal evaluation period.
h--
Leighton Consulting, Inc. '9 9497250-1421
1781 Cowan A 949-250-1114
Irvine, CA 92614
Kris R. Lutton, Senior Vice President T 949-681-4203
-'D kiutton@leightongroup.com
Leighton acknowledges receipt and understanding of your RFP addenda: Addendum No. 1
dated October 22, 2010 and Addendum No. 2, dated October 25, 2010.
As Senior Vice President of Leighton Consulting, Inc., I am authorized to bind the firm by.
the terms of this proposal. We look forward to working with you on your future environmental
projects.
Rrn, LEINC.
KrSenior Vice President
.r.
AP&
Leighton
25C-87
Leighton Consulting
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I (A6) Environmental Services )
Leighton Team Organization Chart
`the Leighton Team 6fifers a diverse team of environmental professionals including
Professional Geologists, Registered Civil and Geotechnicai Engineers, Registered Hydrogeologists,
Registered Environmental Assessors, Risk Assessors, Regulatory Compliance Specialists, experts
in Remediation and Litigation, and Construction Professionals, as well as highly experienced
managers responsible for QA/QC and Health & Safety. In addition, we utilize a team of
subcontractors to complete field investigations including drilling contractors, analytical laboratory
services, transport and disposal, and a significant number of field technicians.
Even though the type and number of projects/task orders are non-specific at this time, our
public works-focused team has the flexibility and resourcefulness to tackle any job at a moment's
notice. Our Project Manager, Kris Lutton will more than administer the contract. Kris will garner a
complete understanding of the City's task-to-task objectives, and then effectively communicate to,
and lead, the Leighton Team to meet those goals.
The organization chart on the following page illustrates the organization of the project team,
including reporting relationships to the Project Manager and supervision of project team staff.
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CITY OF SANTA ANA ( RIGHT OF WAY CONSULTING AND RELATED SERVICES ) 16
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I (A6) Environmental Services
MARISA MARGARETICH, EIT
BRYNN McCULLOCH, GIT
MARK WITHROW, EIT
KEVIN HALL
KIRAN MANCHIKANTI / GIS Analyst
Andersen Environmental Consulting ................ Industrial Hygiene
Vista Environmental ............................................ Hazardous Materials Survey
Enviro-Tox ............................................................ Health Risk Assessment
GEOVision Inc . .................................................... Geophysical Survey
Millennium Environmental ................................ CPT and GeoProbe
Gregg Drilling ....................................................... Drilling
H&P Mobile GeoChemistry ................................ GeoProbe and Mobile Lab
Jones Environmental ............................................ Mobile Lab
TestAmerica ........................................................ Analytical Laboratory
A Cone Zone ........................................................ Traffic Control
Belshlre Environmental Services ........................ Waste Removal
CITY OF SANTA ANA 1 RIGHT OF WAY CONSULTING AND RELATED SERVICES J 17
25C-89
MEREDITH CHURCH, PG ROBERT LORTON, PG STEVE HARRISON
KRISTIN STOUT, REA I GWEN TELLEGEN, PE HERBERITO ROBLES, D.A.B.T JET]
RICHARD ORR, PG
MEREDITH CHURCH, PG
Leighton Consulting
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Leighton understands and supports the City's plans and
goals for enhanced transportation and quality of life
improvements. Through the capital improvement process, it is
likely that hazardous materials will be encountered at some point
during right-of-way acquisition or facilities construction. Our
Phase I Environmental Site Assessments (Phase I ESAs) and
Phase II Environmental Site Assessments (Phase II ESAs) have
been utilized by numerous public agencies and private parties to
buy and sell real properties, complete facility improvements,
widen or improve transportation corridors, redevelop brownfieids,
satisfy regulatory requirements and, in many cases, obtain site Leighton's approach resulted In site
closure. We will support the City by assessing properties with closure of a demolished fuel station,
paving the way for RCTC property
potential hazardous material contamination, and efficiently acquisition.
present remedial alternatives and associated costs that specifically focus on your project-specific
requirements and priorities. Leighton can also provide site remedlation services, if requested, with
site closure as the ultimate goal.
We will work closely with the City staff, the Property Management Consultant, and other
entities as needed, including regulatory agencies to ensure that your priorities and expectations
are fully realized. Leighton will approach each contract task order (CTO) with these primary
objectives: produce comprehensive technical reports with appropriate, justifiable
recommendations; complete the assignment within the allocated schedule; work within the
mutually agreed-upon budgets; and provide friendly and responsive services.
CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES 18
.h. I
25C-90
Leighton Consulting
I (A6) Environmental Services )
Project Kickoff:
Through previous successful on-call public works contracts, we have found that the most
important management tool to ensure project success is communication. Depending on the scope
identified in the CTO, such as a Phase II ESA, we may
Often with public construction,
.?, recommend a project kickoff meeting so we can surrounding property owners may not
be aware of, or in favor of, planned
establish a full understanding of your goals and construction activities. We will be
sensitive to site access issues and
? expected work product deliverables, and introduce key discuss with you the alternatives and
protocol for contact with the public,
project participants. Task order priorities including prior to initiating field work.
budget, scope, and milestones for deliverables will be identified and committed to by our project
na
team. We will also discuss the objectives and priorities of the City.and develop our plan to meet
your specific communication preferences. Primary communications will be through Leighton's
t
•N Project Manager, Kris Lutton, and secondarily through a designated CTO Manager. By establishing
CIO clear communication protocols for each task order, the potential for miscommunications is all but
ff" eliminated. Exceptions to an initial meeting can be CTOs for Phase I ESAs when public
Do involvement. Is not anticipated
Phase I Environmental Site Assessments (Phase I ESAs)
°n Leighton will complete all Phase I ESAs In conformance with the American Society for
Testing and Materials (ASTM) International Standard E 1527-05 (note that ASTM E 1527-00, as
av
called out in the RFP, has been replaced by ASTM E 1527-05), All Appropriate Inquiries (AAI) and,
if required, Caltrans Project Development Procedures Manual, Chapter 18. All Phase i ESAs
?a.
completed by Leighton will include at a minimum: Records Review, Site Reconnalssance,
Interviews, and Report Preparation. Interviews will be conducted with the City's authorization.
e: a
Initial interviews begin with present and/or past owners, lessees, and employees, when available
and cooperative. We recognize that in some cases, the site reconnaissance may need to be
a x conducted from the site boundaries due to sensitivities in the community. Our goal is to move your
project forward---not introduce impediments and we will do everything possible to work within the
sensitivities of your project. The results or conclusions of our report will identify and evaluate any
to
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CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES J i 9
25C-91
Leighton Consulting
I (A6) Environmental Services
significant data gaps, and offer practical recommendations when data gaps occur from
reconnWssance/entry restrictions.
Phase Il Environmental Site Assessments (Phase 11 ESAs)
A kickoff meeting is often held at the outset of a Phase 11 ESA CTO. Available background
information is reviewed prior to the meeting to facilitate discussion of the most suitable
investigative methodologies. A Work Plan for the field investigation is developed, based on the
results of this meeting. The Work Plan scope will be based upon our review of site conditions and
meetings/ discussions with the City. Each Work Plan will include a specific technical scope of work
.. developed to best suit the needs of the Project. A draft of the Work Plan will be submitted to the
City's Property Management Consultant and City staff for review and comment prior to issuing a
• final Work Plan. If needed, the final Work Plan will be submitted to the appropriate agencies for
^ review and approval. All Work Plans will be reviewed and signed by an appropriate licensed
professional (PG or PE) before field implementation. Investigative methods described in the Work
Plan may include one or more of the following tasks:
04 • Survey of Buildings, Containers, etc.: Leighton will coordinate with our subconsultant, Vista
Environmental, to perform hazardous materials surveys of buildings and on-site structures.
m,
Vista is a California Licensed Asbestos Consultant and Certified Lead Inspector. Vista
personnel have performed hundreds of building inspections and have worked closely with
era
Leighton in the past. We understand that containers of unknown contents are often
discovered on industrial facilities and Leighton's well-trained staff is equipped to perform
ra -
inspection, profile sampling, and characterization of chemical storage containers, such as
r.a tanks, drums, and barrels
<.. • Geophysical Investigations: Leighton will contract with GEOVlsion for geophysical surveys
when appropriate. We have worked closely with GEOVision on similar projects by using
^&% surface geophysical investigations to evaluate for the presence of near-surface features,
such as USTs, pipelines, or other anomalies associated with the presence of hazardous
materials. Surface geophysics can also be applied to clear locations for underground
utilities and other structures prior to invasive work, such as drilling and trenching.
CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES ! 20
'?' 25C-92
Leighton Consulting
I (A6) Environmental Services /
• Soil Gas Surveys: Leighton has completed numerous soil-gas Investigations to evaluate the
presence, concentration, and extent of volatile organic compounds and/or methane. This
technology has become increasingly important in recent years due to concerns over
potential vapor intrusion into above-ground structures and is often a critical component of
evaluating potential health risks. Our personnel are expert In the implementation of this
technology and in the evaluation of soil-gas data and will oversee the direct-push drilling
subcontractors (H & P Mobile Geochemistry, Jones Environmental, and Millennium
Environmental) in the completion of soil-gas investigations, when required. We regularly
work with all of our subcontractors to implement site-specific sample collection
methodologies which result in sound, defensible, soil-gas data that can be used in health
w, risk assessment models and remedial feasibility assessments. Leighton has also
?. developed a close working relationship with a Board-Certified Toxicologist (Dr. Heriberto
a? Robes with Enviro-Tox, Inc.) who provides health risk evaluations of potential exposure to
contaminants as a result of vapor intrusion.
ern
• Trenching, Trenching is a cost-effective assessment alternative that is often used to
characterize shallow soil and assess for the presence and level of contamination.
Trenching activities, in combination with hand-digging or air-knifing, can be useful in
exposing and/or removing subsurface structures such as tanks, pipes, clarifiers, and
sumps. Trenching activities will be supervised by Leighton personnel under our current
Cai/OSHA trenching permit. Leighton will first notify the City, and then accordingly notify
r the South Coast Air Quality Management District (AQMD) under our various locations Rule
1166 permit for soil excavation, If potentially contaminated soils are encountered during
excavations,
` Drilling. Drilling soil borings and/or installing groundwater monitoring wells may be
required under this contract and having worked in Santa Ana for almost 50 years, we have
extensive knowledge of the local geologic and hydrogeologic conditions which facilitates
the selection of the most appropriate drilling methods for each project. Leighton has
?s
worked with various drilling companies, including those chosen for this assignment, on
?s
CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES `
j 21
Lv 25C-93
in Leighton Consulting
I (A6) Environmentd) Services
?- more than 500 projects in southern California. We have developed strong working
relationships with Gregg Drilling and Millennium Environmental because of their
knowledge of the required work and regulatory environment, their work ethic, and their
s?
cost-effective approach to project execution.
In most cases, Leighton would utilize a direct-push rig to collect soil and initial grab
as
groundwater samples. This field methodology is less intrusive and considerably more cost-
effective than drilling with hollow-stem auger rigs, and generates very little investigation-
derived waste (IDW). When permanent groundwater monitoring wells are required, we will
primarily use hollow-stem auger drilling equipment to advance soil borings for well
Installation. We have installed thousands of groundwater monitoring wells from single
completions in shallow water table aquifers to nested, multi-well completions in confined
.., and multilayered aquifers. We have designed and installed monitoring wells intended for
the recovery of various for petroleum hydrocarbons Including volatile organic compounds
(VOCs), various light non-aqueous phase liquids (LNAPLs - floating product), dense non-
aqueous phase liquids (DNAPLs), and other dissolved compounds. Leighton will obtain all
necessary permits from the appropriate regulatory agency prior to installing any monitoring
"` wells and will register the wells with the Department of Water Resources (DWR), as
`„ required. All drilling will be performed under the oversight of a Professional Geologist (PG)
1W
or Civil Engineer (CE) registered in the State of California.
• Sampling. Soil and/or groundwater sampling will be conducted in accordance with federal,
state, and local guidelines with the objective of obtaining representative samples of the
subsurface materials. No two projects are alike, each requiring a thorough review of
background information to establish an appropriate sampling plan. Leighton will include a
site-specific sampling plan as part of the work plan document. "this sampling plan will
,.. identify the media to be sampled (e.g., soil, water, soil gas, etc.), the sampling
ca methodology (e.g., drilling, trenching, push-probe, monitoring well, etc.), the sample-
containers (e.g., glass jars, brass sleeves, Encoreem, VOA vials, etc.), preservatives, and
sample handling and chain-of-custody procedures.
4157
.1
C21
CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES ) 22
25C-94
all* Leighton Consulting
I (A6) Environmental Services
• Decontamination: Decontamination of field equipment is vital to maintaining sample
` integrity and avoiding cross-contamination. Drilling equipment Is typically steam-cleaned
between boring locations and soil sample equipment is hand-washed with a detergent
solution followed by a tap water rinse and a distilled water rinse. Investigation-derived
waste will be containerized and disposed of properly, based on the respective level ,of
contamination.
s
Laboratory Analysis: Leighton will subcontract analytical laboratory services with
TestAmerica, who are certified by the State of California and have consistently
em demonstrated the highest measure of Quality Control/Quality Assurance (QA/QC). Analyses
?.. will be performed in accordance with Contract Laboratory Program (CLP) protocol and
sample integrity will be maintained through the use of new sample containers, completed
sample labels, appropriate preservation, and Chain-of-Custody documentation.
m0 Constituents of concern may include, but are not limited to, petroleum hydrocarbons,
heavy metals (including arsenic and aerially deposited lead), volatile organic compounds
(VOCs), semi-volatile organic compounds (SVOCs), polychlorinated biphenyls (PCBs),
organochlorine pesticides, and asbestos. Complete copies of laboratory reports, including
ter
the QA/QC summary reports will be incorporated In an appendix to the Site Investigation
Report.
b„
• Quality Assurance/Quality Control: Quality Assurance/Quality Control is a vital part of any
site investigation. All field activities will be conducted in accordance with the Leighton
Corporate QA/QC Plan. In addition, we will perform our services in accordance with any
specific QA/QC requirements of the City which will be determined during the initial Project
.:a Kickoff and scoping meetings. Laboratory QA/QC will be performed for each method of
analysis in accordance with EPA protocol for the test method. The QA/QC data will be
reported in summary forms that include a description of the constituent or analyte, the
` specific test method, the date, the detection limit for the specific test method, the percent
accuracy, the percent precision, and the signature of the laboratory manager or director.
These QA/QC forms will be included in the Site Investigation Report.
L2*
CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES 23
.n,
s? 25C-95
Leighton Consulting
I (A6) Environmental Services )
Site Investigation Reports: Leighton will analyze the field and laboratory data, and prepare a
detailed ESA report that describes the various investigation tasks, the field and laboratory
data, and our findings, conclusions, and recommendations. All reports will be appropriately
illustrated (site maps, cross-sections, iso-concentration maps, groundwater gradient inaps,
etc.) and will be organized in accordance with the requirements of the RFP. The reports will
.? a
be signed by those who prepared it, and signed and stamped by the California-registered
professional (PG or PE) overseeing the CTO. Hazardous materials survey reports for lead and
asbestos will also include maps detailing the distribution and location of the hazardous
material removals and will be signed by the appropriate licensed professional.
e'y
Health and Ecological Risk Assessments: Human Health and Screening Level Ecologic Risk
Assessments (HHRAs, SLERAs) will be prepared by our subcontractor, Dr. Heriberto Robles
??- of Enviro-Tox Services. The HHRAs and SLERAs will present defensible professional
conclusions that summarize the completed Leighton studies, describe any uncertainties,
state assumptions and limitations, and provide a scientific basis and rationale for each
assumption. Conclusions will be based on current federal, state, and local guidelines,
rules, regulations, and requirements. Our goal Is to provide a concise, defensible
document the City can utilize in planning/negotiating property acquisitions, site
P?
improvements and site re-development. HHRA and SLERA evaluations are crucial for
negotiating site closure with the environmental regulatory agencies.
co Project Schedule by Task
For the purposes of this proposal, we have assumed a one-acre, single Assessors Parcel
Number (APN) which requires a Phase I ESA, followed by a Phase 11 ESA. The following example
Project Schedule demonstrates completing the tasks in terms of elapsed weeks from a project
commencement date. This schedule correlates to the Labor Allocation Table provided in the
Proposed Staffing and Project Organization section, as well as the Cost and Price Proposal section
' of this proposal. For the Phase II ESA, we assumed a geophysical survey would be performed to
clear boreholes and identify subsurface anomalies followed by a soil (direct push) investigation on
the first field day (after mark-out) The second field day would consist of a soil vapor investigation
CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES ) 24
t .25C-96
Leighton Consulting I .(A6) Environmental Services )
with onsite mobile laboratory. We also assumed one 3,000-square-foot structure is located on the
property, requiring assessment for hazardous materials, namely asbestos and lead-based point.
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Site Recoonalssanta
Report Preparation
QAIQCReview { -_--.------'---
Issue Raw Phase I ESA Report
(aner receipt Of commeMS)
'has* 15 ??`--
Develop work Plan
USAA1804ark-out i
Silo Salety PlaniTketd Preparation IV
Gecphyskal survey I - - ---- - - - ` --
Hazardous Mated4s Survey (Yusla)
Hazardous Materiels Report
sorb VaporrDwect Push tmesUgOon I
Data Anatysis l
L_ .. _
Repot Preparation
QAQC ReMeW
Issue Mal Phase 11 Report t ... _.. __ .. _
Remedial Action Plan and Remedial Action Design
If necessary, Leighton will prepare a Remedial Action Plan (RAP) for selected response
actions if requested by the City. The RAP will summarize site data gathered during the Phase I ESA,
Phase II EAS, and RVFS process. The RAP will address site-specific contamination issues and
provide the planning and implementation scenario for remediation at the site. The RAP will provide -
specific objectives, rough costs, and timeframes for completion of the remediation. Potential
alternatives will be descrlbed and the reasons for selection or rejection will be detailed. Leighton
will submit a draft RAP, including an implementation schedule to the City for review and approval;
after which, the RAP will be forwarded to the appropriate regulatory agency.
Prior to implementing a selected remedial alternative, Leighton will provide Remedial Action
Design (RAD) services tailored specifically to address site specific project requirements. We
CITY Of SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES ) 25
25C-97
to Leighton Consulting I (Ab) Environmental Services )
M^
^^ understand that careful planning is a critical element of any remediation program. All of our
current remediation projects are being implemented at operating facilities; including the following:
• Carson Sheriff Station - a large vehicle maintenance facility, jail and heliport
cis
• G&M Oil Company - all sites are active gasoline service stations
• SKK landfill - a public golf course and Goodyear's air-ship operations center
Remediation Oversight
Leighton has provided remediation oversight services for numerous public and private
entities for more than 20 years. Leighton will provide oversight and review for remediation
conducted by others as directed by the City. While our "Hazardous Waste A" Contractors License
allows us to offer in-house turnkey environmental remediation services, Leighton is also highly
too
qualified to provide remediation oversight services that benefit from our significant remediation
experience. We have implemented or overseen over 100 remediation programs involving soil
excavation, multi-phase extraction (MPE), soil vapor extraction (SVE), ground water treatment,
enhanced bioremediation and other remedial technologies. Our experience as a general contractor
allows us to quickly evaluate field conditions and provide field adjustments to remedial measures
that can result in significant cost savings. For Instance, when remedial soil excavation is
m.
implemented, Leighton will ensure the maximum per day soil removals are safely achieved,
thereby reducing the cost per cubic yard, and overall project cost to the City.
Other Requirements
?" • Deliverable Approval and Correction Procedures: Leighton reports will be subject to
acceptance by the City, and potentially by regulatory agencies and will be revised within
seven calendar days if changes and/or corrections are requested.
• Timing: Leighton recognizes that for every CTO, time will be of the essence. We have a full
cri
staff of environmental professionals committed to this contract and can provide additional
ff.Y
staff from any of our eight southern California offices, to meet the City's project schedules
if needed.
c^y
CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES ) 26
25C-98
?, Leighton Consulting
(Ab) Environmental Services
• Monitoring and Review Procedures: We fully recognize that the City may want to visit us in
the field, or at our office, to review or monitor Leighton's process. We welcome any visit by
the City at any one of our offices.
• Health and Safety: Leighton is dedicated to maintaining a safe work environment whether
in the office or the field and will provide our services in a manner that maximizes
?r
protection of people and property. Our Experience Modification Rate (EMR) of 0.67
demonstrates our commitment to safety, especially considering that a high percentage of
our environmental construction services are provided at active operating facilities.
W,
an A site-specific Health and Safety Plan (HSP) will be prepared prior to any field mobilization,
tly as is Leighton's current policy for all environmental field projects. Upon the request of the
w? City, the HSP will be signed by a Certified Industrial Hygienist (CIH) provided by Anderson
Environmental Consulting. The HSP will be present at the job-site during all field activities
Uri and will be signed by all field workers, indicating their understanding and acceptance, prior
to the initiation of field work. A site specific Site Safety Officer (SSO) will be assigned to
k'+3
each field investigation and this person will implement all appropriate field safety
measures. At the outset of field work, the SSO will hold a "tailgate" safety meeting with
field personnel, outlining potential hazards and contaminants, work area designations, the
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location of the closest hospital, and other items deemed necessary to ensure safe working
conditions. In addition, a minimum of one weekly safety meeting will be held in the field for
m.•
extended field investigations. All onsite personnel will be appropriately trained in
accordance with 8 CCR 5192 and OSHA 1-910.120.
?? • Owner/Regulatory Contacts/Right-of-Entry: We understand that during the course of our
work, it may not always be feasible to contact certain property owners. All contacts with
property owners and regulatory agencies such as OCHCA, RWQCB and DTSC will be closely
coordinated and approved by the City prior to making contact. In addition, any entry onto
private property will be conducted as directed by the City under applicable right-of-entry
agreements.
?, CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES 1 27
JJJ
`" 25C-99
Leighton Consulting
I (A6) Environmental Services
• Permits and Licenses: Leighton will be responsible for procuring all applicable permits and
maintaining the necessary licenses/registrations to carry out our duties. We are familiar
with the City's requirements, will comply with applicable federal, state and local laws and
requirements, and all additional requirements as listed in the RFP.
• Underground Service Alert (USA)/Traffic control: A minimum of 48 hours prior to
conducting any subsurface Investigation, proposed boring/excavation locations will be
marked in white paint and Underground Service Alert (USA) will be contacted to obtain an
inquiry (DigAlert) identification number. Where necessary, traffic control plans will be
prepared and implemented (barricades, flashing signs, etc) with A Cone Zone. Traffic
,., control measures will be included in the HSP and discussed with the City prior to
N.s implementation.
Project Diary: Field Memorandums, or Project Diaries, will be completed for each day of
field activity. The diary will be updated throughout the work day, documenting pertinent
information on project tasks, field observations, and decisions, and will be signed by the
preparer as true and correct at the completion of the day.
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•
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Decontamination/Disposal and Manifesting: All field equipment, including drilling and
sampling equipment, that may come in contact with potentially contaminated soil or
groundwater will be decontaminated before use and between sampling points by washing
in a mixture of liquinox (or similar) and water, rinsing in potable water and final rinsing with
deionized and allowed to air-dry. All investigation derived waste (IDW) and
soil/groundwater generated during field investigations will be contained in 55-gallon DOT
approved drums, appropriately labeled, and transported under manifest to the accepting
waste handling facility. Waste transport and disposal will be subcontracted to Belshire
Environmental Services. All waste manifests will be signed by the City prior to
transportation of the waste. Leighton will not store any hazardous substances for more
Cl3
than 90 days, will not permit accumulations of hazardous substances in excess of the
small quantity generator exclusion provided in 40 CFR Part 261, and will report any
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CITY OF SANTA ANA i RIGHT OF WAY CONSULTING AND RELATED SERVICES ) 128
tN
25C-100
Leighton Consulting
I (AM Environmental Services )
discharges or identified releases to the appropriate regulatory agency, as required under
California law.
Expert Witness/Disclosure: Leighton will make expert consultants available for legal
proceedings and litigation support, if needed, and will ensure the availability of our
subcontractors for similar services. In addition, Leighton will obtain the City's approval
before disclosing information regarding our work to third parties.
w.
2D I EXCEPTIONS/DEVIATIONS
w?
The Leighton team requires no exceptions to or deviations from the requirements outlined in
the RFP.
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N1
CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES 1 29
9" J
25C-101
EXHIBIT-A
Page 1 of 1
Right of Way Consulting and Related Services
PART I -- LIST OF KEY PERSONNEL
Names Functions
Kris Lutton, PG, REA 1 Project Manager
Richard Williams, PG QA/QC
Meredith Church, PG Phase I / Phase II ESA
Kristin Stout, REA I Phase I ESA
Robert Lorton, PG Phase II ESA
Gwen Teflegen, PE Phase II ESA
Richard Orr, PG Phase 11 ESA
Steve Harrison Phase III ESA
. PART II - LIST OF SUBCONSULTANT/SUBCONTRACTORS
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Subcontractor Name/Address Function
Andersen Environmental Consulting Industrial Hygiene
9937 Jefferson Boulevard, Suite 2QQ ..
Culver City, CA, 9023
Vista Environmental Asbestos and Lead Surveys
950 N. Tustin Avenue, Suite 800
Anaheim CA 92807
Enviro-Tox Services Health Risk Assessment
20 Corporate Park, Suite 220
Irvine, CA 92614
GEOVision Geophysical Survey
1124 Olympic Drive
Corona, CA 92881
Millennium Environmental CPT and GeoProbe
2936 East Coronado Street
Anaheim, CA 9280
Gregg Drilling Drilling
2726 Walnut Avenue
Signal Hill CA 90755
HSP Mobile GeoChemistry GeoProbe and Mobile Laboratory
2470 Impala Drive
Carlsbad, CA 92010
Jones Environmental Mobile Laboratory
320 East Las Palmas Drive
Fullerton, CA 92835
TestAmerica Analytical Laboratories Analytical Laboratory
3585 Cadillac Ave, Suite A
Costa Mesa CA 92626
A Cone Zone Traffic Control
P.O. Box 1982
Corona, California 92878
Belshire Environmental Services Waste Removal
25971 Towne Centre Drive
Foothill Ranch, CA 92610
Page 35 of 36
25C-102
EXHIBIT B
FEE SCHEDULE
25C-103
.n Leighton Consulting ( (Ab) Environmental Services
!,«
law
?y 2E I COST AND PRICE PROPOSAL
Phase I and Phase II ESAs come in all shapes and sizes. Sites range from single parcel lots
to corridors spanning many miles. For the purposes of this proposal, we have assumed a one-acre,
single Assessors Parcel Number (APN) which requires a Phase I ESA, followed by a Phase II ESA.
cam,
Based upon the Labor Allocation Table included earlier in this document, we assumed a baseline
Phase I ESA would require approximately 25.5 hours to complete. Using the labor rates included in
Exhibit B, this would result in approximately $3,100 In labor charges. Adding $500 for the
-tic, database search report (EDR or similar), a baseline Phase I ESA would cost $3,600.
.:, For the Phase II ESA, We assumed a geophysical survey would be performed to clear
boreholes and identify subsurface anomalies followed by a soil (direct-push) investigation on the
first field day (after mark-out) The second field day would consist of a soil vapor investigation with
onsite mobile laboratory. Using the Labor Allocation Table for the "typical" Phase 11 ESA and the
labor rates in Exhibit B, this "typical" Phase 11 ESA would cost $24,594, based upon the following
d. breakdown:
• Geophysical Survey - $2,000
• Two days of direct-push rig - $5,200
• One day of Mobile laboratory- $2,700
Leighton labor - $14,594
We assumed one 3,000-square4oot structure is located on the property, requiring
assessment for hazardous materials, namely asbestos and lead-based point. The hazardous
materials survey for this building would cost approximately $2,400. This amount could vary
slightly, depending on the age of the building and construction materials.
Both Exhibit A, List of Key Personnel and List of Subconsultants/Subconstractors form and
Exhibit B, Price Summary Sheet Schedule I - Hourly Rates form have been included in the
.. Appendix section.
tm
"" CITY OF SANTA ANA I RIGHT OF WAY CONSULTING AND RELATED SERVICES 1 30
111
25C-104
EXHIBIT $.
Page 1 of 2
Right of Way Consulting and Related Services
PRICE SUMMARY SHEET
SCHEDULE - HOURLY RATES
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Name Job Title/
Classification Job Function Fully Burdened
Hourl Rate
Kris Lutton _
Senior Vice President Project Manager $183.00
Richard Williams Associate Geologist QA/QC $168.00
Meredith Church Project Geologist Phase I / II ESAs $136.00
Kristin Stout Sr. Project Scientist Phase I ESA $150.00
Richard Lorton Associate Geologist Phase II ESA $168.00
Gwen Tellegen Principal Environmental
Engineer Phase 11 ESA $183.00
Richard Orr Associate Geologist Phase 11 ESA $168.00
Steve Harrison Senior Field Technician Phase 111 $ 84.00
Marisa Margaretich Senior Staff
Environmental Engineer Support Staff $117.00
Brynn McCulloch Senior Staff Geologist Support Staff $136.00
Mark Withrow Staff Engineer Support Staff $117.00
Kevin Hall Senior Staff
Environmental Scientist Support Staff $117.00
Kiran Manchikand GIS Specialist Support Staff $106.00
Mary Murphy CAD Operator Support Staff $ 94.00
Lynne Rees Project Administrator Support Staff $ 66.00
Gina Velarde Project Administrator Support Staff $ 66.00
TBD Prevailing Wage
Technician Field Services" $ 89.00
--t-my buraenea-- rates inciuae all overhead, general costs, administration costs and profit.
" Subject to change based upon project advertised date and changes in California prevailing
wage rates. Rate will Increase equal to the Prevailing Wage Rate increase.
Terms and Conditions
• Overtime: Overtime for field personnel will be charged at.1.5 times basic hourly rates when
exceeding 8 hours up to 12 hours per 24 hour Interval, and 2 times basic hourly rates when
exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California
official holidays.
Page 36 of 36
25C-105
EXHIBIT B
Page 2 of 2
.., Right of Way Consulting and Related Services
fad' PRICE SUMMARY SHEET
Terms and Conditions (con'1)
• Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly
rates listed on the previous pages, with a minimum charge of four hours per d ay.
~ • Outside Direct Costs (ODCs): Heavy equipment, subcontractor fees and.expenses will be invoiced
at cost plus 10%, unless billed directly to and paid by client.
• insurance and Limitation of Liability: These rates are predicated on standard i nsurance coverage
? and a li mit of Leighton's liability equal to our total fees for a given project.
Field Equi pment List
Task Equipment, Supplies and Materials Unit Rate
8200 Box of 10 soil drive-sample rings $125 per month
d6 9594 Caution Tape (1000-foot roll) 15 each
9575 Combination Lock or Padlock 15 each
9564 Core Sample Boxes 15 each
9565 Cutoff Saws, reciprocating, electric (Saws-All) 45 per day
9566 D.C. Purging Pump, 3 gpm 25 per day
-- 9555 DOT 55-gallon Containment Drum with lid 60 each
9567 Dissolved Oxygen Meter 40 per day
9537 Generator, portable gasoline fueled, 3,500 watts 75 per day
9538 In-Situ Level Troll 500 (each) 50 per day
9539 In-Situ Troll 9500 Low Flow Water Sampling Equipment 120 per day
9543 Level B Protection (per person) 300 per day
9544 Level C Protection (per person) 180 per day
9574 iylagnahelic Gauges, each 10 per day
t? 9511 Mileage (current published IRS rate) IRS rate/mile
9547 Nitrile Gloves 15 per pair
9522 ptVConductivity/Temperature Meter 45 per day
9562 Photo-Ionization Detector (PID) 440 per week
9557 Pump, Typhoon 2 or 4 Stage 45 per day
9512 Service Vehicle Usage 150 per day
9581 Slip / Threaded Cap, 2-inch or 4-inch diameter, PVC Schedule 40 8 each
?• 9593 Snow Fence (100-foot roll) 15 per day
9595 Survey/Fence Stakes 5 each
9526 Submersible Pump, 10 gpm, high powered Gntnfos 2-inch with controller 160 per day
9527 Submersible Sump/Transfer Pump, 10-25 gpm 45 per day
9582 Threaded Cap, Schedule 40 PVC 15 per cap
9585 Tedlar® Bags 15 each
9586 Traffic Cones (S25)Barricades (single lane) 40 per day
9556 Tubing, clear vinyl 3/8-inch diameter AS¢ per foot
„ 9528 Turbidity Meter 70 per day
9548 Tyvek® Suit (each) 12 each
9529 Vapor Sampling Box 40 per day
9588 Visqueen, 6-mil,' 20 feet x 100 feet roil, 6-mil 75 per roll
9536 Water Level Indicator (electronic well sounder) <_300 feet deep well 40 per day
+? 9597 Double-Icing Infiitrometer (ASTM D 3385-09) equipment 350 per day
to
..,
Page 36 of 36
25C-106
ENVIRONMENTAL ASSESSMENT
SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 4`h day of April, 2011, by and between
SCS ENGINEERS, a corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the
State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
environmental assessment services.
B. Consultant represents that it is able and willing to provide such services for Santa Ana.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide services, as set forth in City's Request for Proposals-Right of
Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A,
and as more specifically described in Consultant's Proposal, attached hereto as Exhibit A-], and
both exhibits incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the City's
Project Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
25C-107
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The
total sum to be expended on all consultants providing environmental assessment services shall not
exceed an aggregate of $200,000, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. The invoice shall
include a detailed breakdown of the services provided, the project title, the tasks, the hours, and
hourly rates. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on April 1, 2011 and terminate on the later of February
28, 2012, or the expenditure of allocated funds, unless terminated earlier in accordance with
Section 13, below. The City shall have the option to extend the term for an additional one-year
period.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions.
25C-108
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
25C-109
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
and
Public Works - Design Engineering
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
25C-110
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: SCS Engineers
3900 Kilroy Airport Way, Suite 100
Long Beach, California 90806-6816
facsimile (562) 427-0805
Attn: Kevin Green
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
25C-111
for such purposes as the City deems appropriate. However, any use of unfinished work product shall
be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
25C-112
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
SCS ENGINEERS
Laura Sheedy KEVIN W. GREEN
Assistant City Attorney Vice President
Tax ID#
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
25C-113
EXHIBIT
SCOPE OF WORK
GENERAL REQUIREMENTS - RIGHT OF WAY SERVICES
Consultants under contract with the City of Santa Ana will provide support to City of
Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the
Statement of Work prior to submitting a response to this Request for Qualifications
(RFQ).
• The Consultant shall perform work to produce a high quality, professional and
complete work product.
• Consultant must have experience with State and Federally funded projects. All
work shall be performed in conformance with all applicable regulations, policies,
procedures and standards.
• Real estate appraisers provided by the Consultant must be certified and a
Member of the Appraisal Institute.
• All acquisition agents and property managers, performing work for the City, must
hold a valid California Real Estate License. Salespersons must be registered with
California Department of Real Estate (DRE), as working solely under the
Consultant's supervising broker of record.
• Work may include, but not be limited to, the following: onsite review of the project
area; review of existing records; conducting research and performing analysis;
information gathering; negotiations; development of strategies.
• The Consultant shall carry out the instructions received from the City and shall
cooperate with the City and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the
work produced. The work will be reviewed by the City for conformity with the
requirements of the Agreement. Reviews by the City may NOT include a
detailed review for the accuracy of items submitted. The responsibility for
accuracy and completeness of such items remains solely that of Consultant.
• The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work
performed by its sub-consultants and the responsibility for accuracy and
completeness of work performed remains solely that of Consultant.
• The Consultant shall have a Quality Control Plan in effect during the entire time
work is being performed under the Agreement. The Quality Control Plan shall
establish a process whereby work products are independently checked,
corrected and back checked. All projects related correspondences and
documents should be maintained and bound in appropriate project files.
25C-114
• The Consultant shall diligently work on each assignment and complete each task
in accordance with the schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspections by City, County, State and
Federal representatives.
• Project files including copies of all correspondences, reports, documents, and
electronic files shall be submitted to the City when requested.
• All work, including reports, analysis, data, and intellectual properties developed
during the life of the Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon
on such notification, the Consultant will proceed with the services required by the
Agreement.
• The Consultant shall complete work under the direction of City staff. The
Consultant will be expected to provide experienced and knowledgeable
professional staff which will be responsive and maintain excellent working
relationships with property owners, tenants, and City staff. The Consultant shall
be committed to provide adequate staffing levels at all times in order to adhere to
established schedules. The Consultant shall be knowledgeable and very familiar
with federal, state and local regulations, policies and procedures as pertain to the
right of way services provided.
Specific Scope of Work for Environmental Consultinq Services include:
Phase I Environmental Site Assessment
Coordinate a Phase I study to be performed in compliance with the standard practices of
the American Society for Testing and Materials (ASTM) Phase I ESA Process (Standard:
E 1527-00). Monitor to see that: reasonable attempts are made to interview the existing
and former owners of the properties; a visual survey of the site and adjacent sites is
made; reasonable attempts are made to contact local government officials regarding
conditions in connection with the property; a review of site and area land use history is
completed; and a review of site area for geology and subsurface/surface potential for
pollutant transport from public sources. Review complete report to assure contents of
inspections and interviews, site characteristics, record and historical review information
and potential contamination issue, and conclusions and recommendations for any work
required. Copies to be distributed to City file, City Attorney and Property Management
consultant, if required, on the site.
Phase II Environmental Site Assessment
Review with City staff the Phase I ESA to determine the need for a Phase II ESA
Survey. If necessary, coordinate the completion of a Phase II ESA. Upon receipt of the
Phase II report, prepare recommendation to for additional environmental analysis.
Distribute the Environmental Site Report and written recommendations to City staff and
City Attorney's office.
25C-115
Demolition Asbestos & Follow Up Surveys
Coordinate or assist the Property Management Consultant with the coordination and
completion of asbestos and lead surveys. Coordinate distribution of these reports to
applicable consultants. Perform a follow-up inspections before the beginning the
demolition process.
25C-116
EXHIBIT A-1
CONSULTANT'S PROPOSAL
25C-117
City of Santa Ana
B5. PROJECT ORGANIZATION
A project organization chart, providing lines of communication and responsibility, is presented
as Exhibit 4.
City of Santa Ana
Public Works Department
Gary Pons, CIH, CSP
Kevin Green, PG, REA
Task Leader Task Leader Task Leader
1. Rodney Marsh, REA, EM Kenneth Lister, PhD, PG, CEG, CHG Udo Steinberger, CAC, PE
Paola Gomez-Birenbaum Ashley Hutchens, REA
Jeff sieg -
Drilling - Cascade Drilling, Gregg Drilling
Laboratory/Driller -H&P Mobile Geochemistry
Environmental Laboratory -Jones Environmental, Chem-Tek
Asbestos Laboratory- Forensic Analytical
Exhibit 4. Chart of Organization
B6. STATEMENT REGARDING KEY PERSONNEL
Key personnel shown on Exhibit 4 will be available, to the extent proposed on that exhibit, for
the duration of the project. SCS understands that no person designated as "key" to the project
shall be removed or replaced without the prior written consent of the City.
12
25C-118
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25C-119
City of Santa Ana
C. WORK PLAN
The Santa Ana Public Works Department (City) can expect efficient and effective delivery of
environmental consulting services from SCS. Based on our professional experience and
knowledge of the environmental conditions throughout Orange County, SCS will identify
preferred alternatives to address areas of concern, develop plans to appropriately address
hazardous materials, and obtain regulatory agency approvals. To obtain regulatory compliance,
minimize liabilities, and resolve environmental challenges, SCS will commit all necessary
resources to provide the City with the highest quality, cost-effective environmental consulting
services.
C1. PROJECT MANAGEMENT APPROACH
Successful project management is founded on effective client communication, project planning,
budgeting, and scheduling. SCS embraces value engineering principles and strives to find
opportunities for efficiency in our work including appropriate staffing (using higher billing rate
individuals strategically in combination with junior/lower billing rate staff) and competitively
bidding all subcontracted work. SCS proactively seeks client input and feedback about risk
management preferences, with an eye to controlling cost while pursuing an appropriate work
scope.
A typical work flow for any "as-needed" requests will proceed as follows:
• When a request is received from the City, the.SCS Project Manager will respond on
the same day, preferably within 4 hours; if the Project Manager is unavailable, the
Task Leader will respond within 4 hours.
• SCS will provide the City with an initial analysis of their request and assessment by
phone, if possible.
A scope team is assembled to develop a cost-effective and technically sound project
objective and approach.
• A budget is prepared, incorporating vendors or subcontractors costs, as necessary.
• A detailed, written proposal is submitted to the City. The proposal includes cost
breakdowns, schedule, purpose and scope of work, and any viable alternatives to
maximize efficiency.
• Value engineering is conducted in collaboration with the City, and the scope is
reviewed to ensure it meets City requirements.
• After the City approves the proposal, as appropriate, a "kick-off' meeting is held with
all the project team members to discuss budget, schedule, and tasks.
13
25C-120
*City of Santa Ana
Periodic project meetings are held to review specific performance and adherence to
budgets. Any changes in the anticipated fee for the project are communicated in
writing to the client for review and approval prior to incurring the cost.
e The method, timing, and frequency of project updates are established with the City.
Once established, the Project Manager will provide routine updates according to the
client's established preferences.
• The Project Manager reviews the project costs and prepares invoices monthly.
• A client feedback task survey, requesting performance input, is sent to the City at the
end of a project.
Embracing the principle of continuous improvement, we benchmark all of our projects for
quality, timeliness of deliverables, and overall client satisfaction. We seek out feedback to
continuously improve our work.
Quality Assurance and Quality Control
Quality assurance and quality control (QA/QC) and health and safety standards are maintained
throughout an assignment. All deliverables are reviewed by the Project Director and Project
Manager for accuracy and clarity. All services will conform to appropriate professional
standards and the applicable local, state, and federal regulations (i.e., US EPA, Cal-EPA,
Regional Water Quality Control Board (RWQCB), Santa Ana Fire Department, Orange County
Health Care Agency, and ASTM).
Our strategy for dealing with inquiries and requests from the City is designed so that SCS can be
relied upon to provide prompt, consistent service. During those inevitable instances when the
Project Manager is not readily available, SCS has the resources to ensure an alternate will be
ready to "get the ball rolling" so that the City gets the response it needs.
C2. SCOPE OF SERVICES
Phase 1 Environmental Site Assessment (ESA)
SCS will coordinate Phase I ESAs to be performed in accordance with 40 CFR 312 and with
ASTM Standard E1527-05, the applicable standards for All Appropriate Inquiry (AAI). The
ESA team will be overseen by Mr. Kevin W. Green, PG, REA, and Mr, J. Rodney Marsh, REA.
Mr. Green is a Vice President and Project Director, and Mr. Marsh is a Project Manager of the
firm. Both have been involved in the completion of over 1,000 Phase I ESA reports, as well as
numerous other ESA-related projects involving third party reviews and litigation support.
Following authorization to proceed from the client, SCS will immediately designate one or more
staff for the project (as project needs require) and initiate procurement of supporting
documentation for the ESA such as regulatory database reports, historical information (e.g.,
Sanborn maps, city directories, and aerial photographs), previous environmental reports,
regulatory file reviews, etc. SCS will also ensure that site access is available, identify land
14
25C-121
City of Santa Ana
owner and/or occupants and their phone numbers and other contact information, and confirm the
project schedule and deliverable date with the client. Unless otherwise specified, the Phase I
ESA report is typically completed in approximately two to three weeks following notification to
proceed.
The following is the scope of services developed to meet the objectives of an AA1 ESA.
Task 1. Site and Site Vicinity Reconnaissance and Interviews
A site and site vicinity reconnaissance will be conducted by a staff professional with site
reconnaissance experience under the direction of the Project Director and Project Manager. The
purpose of the reconnaissance will be to observe and document existing site and site vicinity
conditions. In particular, SCS personnel will note evidence of present or past land uses that may
have involved the storage, use, or disposal of hazardous materials or wastes. SCS personnel will
note the obvious presence of indicators of hazardous materials/wastes at the site and the
immediate site vicinity that could impact the site, such as:
• Aboveground and underground storage tanks.
• Hazardous materials/wastes.
• Active and inactive landfills.
• Fuel dispensers.
• Chemicals and raw materials.
• Transformers and other sources of polychlorinated biphenyls (PCBs).
• Pits, sumps, dry wells, and catch basins.
• Drums.
• Large areas of staining or discolored soil or concrete.
• Stressed or dead vegetation.
Readily available personnel (past and present owners, operators, and occupants of the site) will
be interviewed to gather information regarding the potential for contamination. An
Environmental Questionnaire and Disclosure Statement will be submitted to the available
personnel, and information from the questionnaire will be included in the report of findings.
Color photographs will be taken to document site and site vicinity conditions.
Task 2. Regulatory Agency Record Review
Readily available regulatory agency records will be reviewed to assess the possible impacts to
the site from on- and off-site sources of hazardous materials. These records are from the Santa
Ana RWQCB, California Integrated Waste Management Board, Santa Ana Fire Department,
Orange County Health Care Agency, Cal-EPA, and US EPA. We will contract with an outside
vendor to provide us with a regulatory database report (Database Report) covering the site and
surrounding area.
15
25C-122
*City of Santa Ana ?MMAMMMIII
The Database Report will be prepared in general accordance with the ASTM guidance and AAI
Final Rule, and will include a review for the following:
• Permitted and leaking underground storage tanks.
• Hazardous materials storage and waste generation (detailed review for site and
adjacent properties only).
• Landfills.
• "Superfund" sites (state and federal).
e Precursor Superfund sites (CAL-sites and CERCLIS listings).
• Hazardous waste and substance sites (HWSSL).
• Activity use limitations (see Task IV).
• Environmental clean-up liens (see Task IV).
Regulatory agency personnel will be interviewed and files reviewed, as necessary, to further
evaluate possible hazardous materials impacts to the site. In order to complete the assessment, it
may be necessary to review regulatory agency or client-provided files (e.g., leaking tanks or
releases) for the site or facilities in the immediate site vicinity. Because additional regulatory
files or client-provided reports may need to be reviewed, additional time and effort may be
required to complete the project. As appropriate, the client will be notified of this possibility as
soon as possible.
Task 3. Historical and Geologic/Hydrogeologic Information Review
To assess possible historical sources of introduction of hazardous materials/wastes to the site,
readily available historical and recent aerial photographs will be reviewed. Sources of aerial
photographs may include, but are not limited to:
• City and County agencies.
• US Department of Agriculture.
• US Geological Survey (USGS).
• Commercial photo banks.
• Historical societies.
• Any aerial photographs currently owned by the client.
In addition to historical aerial photographs, other readily available documents and reports that
may have a bearing on historical land uses will be reviewed. Such documents may include, but
are not limited to:
• Historical USGS topographic maps.
• Historical Sanborn fire insurance maps.
16
25C-123
City of Santo Ana
• City business directories.
• Chain-of-title reports provided by the client.
• Building permits.
o Other reports and maps as made available by the client.
Appropriate personnel will be interviewed, as necessary, to obtain additional information on the
historical use of the site. Also, as part of this task we will review readily available information
regarding the topography, geology, hydrogeology, and soils of the site vicinity. This information
may include, but is not limited to USGS topographic maps, California Division of Mines and
Geology geologic surveys, RWQCB designation of surface and groundwater uses, available
USGS groundwater reports, and available US Soil Conservation reports. Available information
on the flow direction and depth of groundwater within the site vicinity will also be reviewed.
Task 4. Additional Requirements
Qualifying for one of the CERCLA liability protections offered by the Small Business Liability
Relief and Brownfields Revitalization Act of 2002, 40 CFR Part 312 requires that the user
provide the following information to the Environmental Professional:
• Environmental cleanup.liens filed or recorded against the site.
o Activity and land use limitations that are in place on the site or that have been filed or
recorded in a registry.
• Specialized knowledge or experience of the person seeking to qualify to CERCLA
liability protections.
• Relationship of the purchase price to the fair market value of the property as if it were
not contaminated.
• Commonly known or reasonably ascertainable information about the property.
• The degree of obviousness of the presence of contamination at the property, and the
ability to detect the contamination by appropriate investigation.
Research in connection with the above-referenced requirements is outside the standard scope of
work of the Environmental Professional completing a Phase I Assessment for the user.
However, if required, SCS can conduct a search for environmental liens and activity use
limitations (AUU). The cost and time required will be provided upon client request.
Task 5. Data Evaluation, Figure Preparation, and Assessment Report
After completing the site and site vicinity reconnaissance and data review, this information will
be evaluated and formatted for inclusion into a written report by a staff professional. The report
will include an assessment of the likelihood that recognized environmental conditions exist at the
site from current or historical site land use, or from a known and reported off-site source. A site
location map, site plan, and often a site and vicinity map are provided. Photographs (and, if
requested, a videotaped reconnaissance of the site), copies of appropriate regulatory and
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OCity of Sonto Ano
historical documents, and written text are provided in support of conclusions and
recommendations.
As required by the EPA and ASTM standards, the results of the ESA will be reported by an
Environmental Professional. The Report will be peer reviewed and signed by the Project
Manager and/or Project Director.
Phase 11 Site Investigation
A Phase II site Investigation may be recommended if recognized environmental conditions are
identified on the site during the Phase I ES A. SCS recognizes that current and/or proposed
future uses of a site are important considerations in developing recommendations for additional
site work (i.e., residential use, roadways, childcare facilities, etc.). Further, it is the SCS Team's
job to ensure the Phase II site Investigation includes the collection, analysis, and reporting of
high quality data that are representative of site conditions and may be relied upon for due
diligence, site closure requests, corrective action plans, or remediation system designs, as
applicable.
The Phase H site Investigation team will be overseen by Mr. Kevin W. Green, PG, REA, and
Kenneth H. Lister, PhD, PG, CHG. Mr. Green is a Vice President and Project Director, and Dr.
Lister is a Project Manager of the firm. Dedicated staff will be assigned to each project to ensure
continuity. Both have been involved in the completion of hundreds of site investigation and
related projects.
The complex nature of site investigation projects requires a thorough knowledge of pertinent
legal, regulatory, and environmental details. As a full-service environmental consulting firm,
SCS has successfully investigated hundreds of sites with environmental concerns utilizing the
following services:
• Initial site history and background review.
• Development of work plans required by regulatory agencies.
• QA/QC Plans.
• Preliminary site assessments.
• Health and safety plans.
• Geophysical survey to clear borings or identify subsurface structures.
• Subsurface investigations of soil, groundwater, and/or soil vapor to assess the nature
and extent of chemicals in the subsurface.
• Groundwater monitoring, testing, and hydrogeologic modeling.
• Health risk assessment and fate transport modeling.
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ANNINk
QPCIty of Santa Ana
• Feasibility studies and remedial alternative evaluation,
• Corrective action plans and risk based corrective action plans.
• Remedial design plans and specifications.
• Construction cost estimating.
• Construction management,
• Community relations,
Phase 11 site Investigations are conducted to verify the presence of constituents of concern and,
as applicable, to define the concentration and spatial extent of these substances. Phase 11 site
Investigations may be conducted based on findings from a Phase I ESA, in response to
regulatory agency concern, because there is some indication contaminants are present, or as
follow up to previous phases of site investigation findings.
Investigation techniques may include hand augers; direct-push, hollow-stem auger, air rotary,
and/or sonic drilling methods; or exploratory excavations such as trenches and potholes. Soil
and soil vapor samples may be analyzed using on-site mobile laboratories or off-site fixed-based
certified laboratories. Groundwater samples may be collected using grab, traditional, and low
flow sampling techniques. Expedited analysis may be used when appropriate. Phase lI site
Investigations are completed according to generally-accepted regulatory guidance and in
accordance with permits.
A phased approach is often used in Phase II site Investigations, wherein a limited number of
samples is collected from suspect areas to assess the potential for contamination as established
by the conceptual model and data quality objectives. If analytical results for this "first phase" of
samples indicate that contamination is present, a more comprehensive sampling effort may be
recommended to more fully delineate the extent of the impacted area and affected media (soil,
soil vapor, and/or groundwater). Once the release has been properly characterized, the data are
used to evaluate remedial alternatives and estimate site cleanup costs. These subsequent phases
may or may not be conducted with regulatory agency oversight. SCS consults with clients and
their legal counsel to determine when regulatory agency involvement is recommended.
Other factors that are key to developing an investigation approach include area access; overhead
clearance; locations of utilities or other possible subsurface obstructions; traffic control; and
health and safety considerations, including establishment of work and exclusion zones.
At the end of a Phase 11 site Investigation, a report is submitted, outlining the procedures used
during the field investigation and the type and extent of contamination encountered. The site
investigation report includes background that discusses site characteristics and rationale for
sampling approach, review of field activities, boring or sample logs, a description of sampling
protocols, analytical results, and conclusions regarding the extent of contamination, if any,
detected by the investigation. Supporting documentation-such as figures, tables, cross-sections,
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*City of Santa Ana
plume maps, laboratory reports, survey reports, etc.----is appended to the final report. In some
cases, this report will include recommendations for corrective actions, if required.
Demolition Asbestos and Follow-up Surveys
Asbestos-containing materials (ACMs) were used for a wide variety of building components
until the mid-1970s, when concern over airborne asbestos fibers and their health effects became
widespread. Although the use of ACMs in buildings was restricted in the 1970s, ACMs have
been identified in buildings constructed in the 1980s.
Inspection of structures for asbestos-containing materials (ACMs) is frequently conducted as part
of due diligence environmental assessments or in anticipation of demolition. SCS offers asbestos
inspection management services in-house. Our asbestos management services team consists of
OSHA- and AHERA-certified environmental specialists (Messrs. Udo Steinberger and Drew
Priolo) based in our Long Beach office, supplemented, as necessary, by certified personnel in
other offices in California and Nevada. Our asbestos personnel conduct inspections, prepare
survey reports, develop abatement plans and specifications, oversee asbestos abatement
activities, collect clearance samples for laboratory analysis, and prepare Operation and
Maintenance (O&M) plans.
Normally, SCS services begin with a comprehensive inspection and sampling of suspected
ACMs, followed by recommendations regarding appropriate management and abatement
strategies. For larger structures or more complicated facilities, information obtained during the
inspection is often supplemented through a review of available building plans and records. The
survey is accomplished through a visual examination of the structure to determine if suspected
ACMs are present. Representative samples of a suspected ACM are collected, its location
documented, and quantity estimated.
Samples collected during the inspection are submitted to an accredited laboratory for testing.
SCS subcontracts only with accredited laboratories to perform analysis of bulk samples.
Laboratories must be accredited by National Voluntary Laboratory Accreditation Program
(NVLAP). In many cases, the laboratories have also received accreditation by the American
Industrial Hygiene Association (AIHA). Bulk material samples are typically analyzed using
Polarized Light Microscopy (PLM) with dispersion staining techniques, as required by the EPA.
Additional laboratory analysis (e.g., Transmission Electron Microscopy [TEM] or 1000 point
count method with gravimetric reduction) may be recommended or conducted to verify the
asbestos concentrations in suspect building materials.
SCS prepares an asbestos survey report, which typically consists of a description of each type of
suspected ACM identified, its location, its condition (friable or nonfriable), a summary of
laboratory results, and an estimation of the quantity of ACMs present at the site. ACM surveys
are typically completed by a single person (often at the same time as a lead-based paint
inspection), with a report completed in 2 to 3 weeks.
D EXCEPTIONS AND DEVIATIONS
In view of current legal developments, if selected for this assignment SCS would like to
negotiate the terms of Sample Agreement Section 7, Indemnification, to provide that for design
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*City of Santo Ana
professional services rendered after January 1, 2011, Consultant's indemnity obligation,
including defense, shall apply only to claims that arise out of, pertain to or relate to Consultant's
negligence, recklessness, or willful misconduct.
E. COST AND PRICE PROPOSAL
SCS has completed the City's Exhibit A, "List of Key Personnel," and Exhibit B, "Price
Summary Sheet." They are presented below. We understand that this contract will result in a
time-and-materials type of payment provision. However, SCS often conducts similar projects on
a fixed-fee basis. We are flexible and will work to provide bids and invoices in ways that are
convenient to the City.
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EXHIBIT A
Page 1 of 1
Right of Way Consulting and Related Services
PART I -- LIST OF KEY PERSONNEL
Names Functions
Kevin W. Green, PG, REA _
Project Manager/Director
J. Rodney Marsh, REA, CEM Task Leader-Phase I ESAs
en ister, , CEG, g Task Leader-Phase 11 ESAs
Gary Pons Health & Safety Officer
Ashley Hutchens, REA Phase 11 Investigations
Paola Gomez-Birenbaum, GIT Phase I Assessments .
o teinberger, PE Task Leader-Asbestos and Lead
Jeff Sie Phase 11 Investigations
PART 11- LIST OF SUBCONSULTANT/SUBCONTRACTORS
Subcontractor Name/Address . Function
regg Drilling, 2726 Walnut Ave., Signal Hill CA Drilling
ascade Drilling, 555 S. Harbor Blvd., La Habra, CA Drilling
&P Mobile Geochemistry, 2470 Impala Dr., Carlsbad, C Drilling, Sampling, Mobile Lab (Soil and Soil Vapor)
Jones Environmental, PO Box 5387, Fullerton, CA obi e a oratory of and Soil Vapor)
Chemtek Environmental Laboratories, 13554 Larwin Circ e Laboratory-Soil and Groundwater
13554 Larwin Circle, Santa Fe Springs, CA
Forensic Analytical, 2959 Pacific Commerce r., Asbestos an ea Analyses
Rancho Dominguez, CA
Page 35 of 36
25C-129
EXHIBIT B
FEE SCHEDULE
25C-130
EXHIBIT B
Page 1 of 1
Right of Way Consulting and Related Services
PRICE SUMMARY SHEET
SCHEDULE i -- HOURLY RATES
Name Job Title/
Classification Job Function Fully Burdened
Hourly Rate*
Kevin W. Green Project Director/Mgr. POC, Project Review, QA/Q $220
Ken Lister Project Manager Data Interpretation and Rep orting $170
J. Rodney Marsh Project Manager Data Interpretation and Rep orting $170
Gary Pons Health & Safety Officer Health & Safety $165
Udo Steinberger Sr. Project Professional Asbestos/Lead Surveys $140
Ashley Hutchens Sr. Project Scientist Project Mgm1/Field
Coordination and Oversi $140
Jeff Sleg Project Professional Field Coordination/Oversig it $120
Paola Birenbaum Project Professional Field Coordination/Oversig it $120
I
Drew Priclo Sr. Technician Field Monitoring $95
Lance Weaver Sr. Technician Field Monitoring $95
Allie Stoddard Designer/Drafter CADD $85
Kim Braun Administrative Secretarial $70
rusty Burdened ' rates include all overhead, general costs, administration costs and profit.
Page 36 of 36
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25C-132