Updated: 04/22 Page 1
CITY OF SAN PABLO
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT (“Agreement”), dated and effective this 1st day of July, 2022 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organiz ed and existing under the laws of the State of California, ( “City”), and ACC Environmental Consultants, Inc., (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
RECITALS
WHEREAS, the City desires to engage a consultant to provide On-Call Industrial Hygienist services to the City (“Services”) as further set forth in this Agreement;
WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and
WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.
NOW, THEREFORE, Consultant and the City agree as follows:
TERMS AND CONDITIONS
(1) Scope of Services.
A. Scope of Services . Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated March 30, 2022 and any addenda thereto (“RFP”), attached as Exhibit A and incorporated herein, and the scope of services set forth in Consultant’s proposal dated May 9, 2022 (“Proposal”), attached as Exhibit B, and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”
B. Quality of Performance . Consultant will provide the Services and any authoriz ed Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If, during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s acceptance of Services performed under thi s Agreement will not operate to waive or release Consultant’s obligation under this paragraph.
Updated: 04/22 Page 2
C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders; including but not limited to social distancing requirements: https://cchealth.org/coronavirus/pdf/2020-03 31-Appendix-A-Social- Distancing-Protocol.pdf. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to provide proof of COVID-19 vaccination, as well as comply with the City’s COVID policies on-site.
D. Time is of the Essence. In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”
E. Primary Service Provider . The City has approved of Kimberly Bunting as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.
F . Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.
Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.
1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.
3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and Updated: 04/22 Page 3
that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records to the Labor C ommissioner as required under California law and regulations.
4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
5. DIR Monitoring, Enforcement, a nd Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works projects.
The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.
(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant, for services rendered on an on-call basis, a sum not to exceed Fifty Thousand Dollars ($50,000) for each fiscal year from 2022/23through 2026/27, for a total compensation not to exceed Two Hundred Fifty Thousand Dollars ($250,000):
Contract Year Not to Exceed
Amount
Year 1 (FY2022/23) $50,000
Year 2 (FY 2023/24) $50,000
Year 3 (FY 2024/25) $50,000
Year 4 (FY 2025/26) $50,000
Year 5 (FY 2026/27) $50,000
Total Contract Amount $250,000
Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.
(3) Additional Services. In addition to the Services included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section (25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services perform ed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City Updated: 04/22 Page 4
agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authori ze the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record- keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.
(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on June 30, 2027. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.
(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:
Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services
N/A N/A
(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.
Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.
(7) Billings. Consultant's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.
Except as specifically authorized by City, Consultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3), above .
Updated: 04/22 Page 5
Consultant is solely responsible for its office and overhead costs, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement.
(8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information .
Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.
(9) Retention of Re cords. Consultant’s complete files, including all records, employee tim e sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use. This Section (8) will survive expiration of the Term or termination of the Agreement.
(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any docum ent or written report prepared by Consultant for or under the direction of City will contain the num bers and dollar amounts of all contracts and subcontracts relating to the preparation of such docum ent or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statem ent indicating that the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes ( including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits. The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
Updated: 04/22 Page 6
(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant’s Services.
This Section (12) will survive expiration of the Term or termination of the Agreement.
(14) Assignment of Personn el. Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.
A. Policies and Limits . Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:
1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.
2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.
3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.
Updated: 04/22 Page 7
4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.
Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.
b. The insurance must be maintained and evidenc e of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.
c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.
B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.
1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its office rs, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals f orm CG 20 07 may be used.
Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds.
Updated: 04/22 Page 8
c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.
2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least 30 days written notice to the City, unless due to non- payment of premiums, in which case 10 days written notice is required.
3. W aiver of Subrogation: Each required policy must include an endorsem ent providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.
C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager.
Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self -insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactor y to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager m ay condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Subconsultants or Subcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations.
(16) Indemnification. The terms and conditions set forth in subsection 16(A), below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are Updated: 04/22 Page 9
“design professional” services as us ed and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).
A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Consultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.
1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an I ndemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.
2. In the event that Consultant or any employee, agent, subconsult ant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
Updated: 04/22 Page 10
B . Indemnification by Design Professionals . Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the Services to be provided under this Agreement are to be performed by a “ design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature, including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.
1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, whi ch would otherwise be the responsibility of City.
2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the T erm of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.
(18) Employment Practices.
A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Econom ic Development Corporation (“EDC”) at
[email protected] or 510-215-3200, at least
ten business days prior to hiring or staffing for fulfillment of the Agreement, describing Updated: 04/22 Page 11
number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, com ply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.
(19) Local Subcontracting – Outre ach. Consultant shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
(20) Termination.
A. Termination for Convenience. City may terminate this A greement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 21), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others.
Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City . The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
Updated: 04/22 Page 12
B. T ermination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the term s and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.
C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the des ired objectives.
(21) O wnership of Materials . Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.
(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the Parties to amend the terms and conditions of this Agreement.
(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonm ent.
Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services.
(24) Waiver . The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
(25) No Third-P arty Rights. The P arties do not i ntend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.
(26) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority Updated: 04/22 Page 13
of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.
(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.
(28) Controlling Law and Venue . This Agreement and all matters relating to it shall be governed by the laws of the State of California, and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.
(29) Breach . In the event that Consultant fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either Party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’ s fees.
(30) Inspection by Other Agencies . Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.
(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this A greement. Where City Manager determines, based on facts provided by City staff, that Consultant meets the criteria of section 18701 of the FPPC regulations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.
(32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.
Updated: 04/22 Page 14
(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.
(34) Multiple Copies of Agre ement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.
(35) Notices . Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:
To Consultant: Mark Sanchez, President/CEO
7977 Capwell Drive, Suite 100
Oakland, CA 94621
To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.
Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.
(36) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.
___ This Agreement is subject to federal funding. See Exhibit C. _X_ This Agreement is not subject to federal funding.
(37) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.
__ This Agreement is subject to funding by Caltrans. See Exhibit D. _ X _ This Agreement is not subject to funding by Caltrans.
Updated: 04/22 Page 15
IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Teresa L. Stricker, City Attorney Matt Rodriguez, City Manager
ACC Environmental Consultants, Inc.
By ___________________________________
Mark Sanchez, President/CEO
ATTEST:
By _______________________________ Dated _________________________ Dorothy Gantt, City Clerk
Attachments: Exhibit A: Request for Proposals, dated April 28, 2022 Exhibit B: Consultant’s Proposal, dated May 9, 2022
Updated: 04/22 Page 16
Exhibit A
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
REQUEST FOR PROPOSALS
AND STATEMENT OF
QUALIFICATIONS
Rumrill Sports Complex Annual Cap
Inspections & On-call Industrial
Hygienists
March 30, 2022
Proposals Must Be Received By:
April 28, 2022 by 5:00 p.m.
TABLE OF CONTENTS
A. INTRODUCTION
1. About San Pablo
2. Purpose for Request for Proposals
B. SCOPE OF WORK
1. Project Description
2. Project Background
3. Consultant Services
4. Pre-Proposal Meeting
5. Estimated Cost
C. PROPOSAL REQUIREMENTS
1. Letter of Interest
2. Organization Chart / Personnel
3. Firm(s) Statement of Qualifications
4. Staff Statement of Qualifications or Resumes
5. Project Management and Availability
6. Project Approach
7. Schedule of Work
8. Cost Proposal
9. Method of Payment
10. References
11. Consultant Contract Statement
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
2. Questions
3. General Terms and Conditions
4. Agreement
E. PROPOSAL PROCEDURE
1. Submission of Proposals
2. Selection Process
3. Evaluation Criteria
4. Tentative Proposal Schedule
F. ATTACHMENTS
1 City of San Pablo
Request For Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists A. INTRODUCTION
1. About San Pablo
San Pablo is located in West Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland and San Francisco. Interstate 80 is the principal arterial route between the Bay Area and Sacramento. The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San Pablo has become a thriving residential and business community with a population of about 32,000 in an area of approximately two and one -half square miles. Additional information about the City can be obtained from the City of San Pablo website:
www.sanpabloca.gov.
2. Purpose for Request for Proposals
The City of San Pablo (“City”) invites professional consultant s to submit competitive proposals in response to this Request for Proposals and Statement of Qualifications (“RFP/SOQ”). The City seeks proposals for a California Department of Toxic Substance Control (DTSC) approved surface cap to identify potential deficiencies or problems and submittal of annual and 5 -year reports. In addition, the City of San Pablo requests the ability of industrial hygienists and/or environmental assessment services on an “on-call” basis. Professional disciplines expected to be involved with the project include, but are not limited to : engineering, geologist, environmental engineering, remediation, certified industrial hygienist, certified safety profession als, and Environment Health & Safety management. Please see Consultant Services (Section B, Item #3) for a full description of the services required.
Firms may choose to provide proposals for only Service Area 1 (Rumrill Sports Complex Surface Cap Inspections), only Service Area 2 (On-call Industrial Hygienists) or for both Service Area 1 & 2. The City may choose to work with one or multiple firms for each service area.
B. SCOPE OF WORK
1. Project Description
The City o f San Pablo (City) is seeking certified professionals to perform, annual inspections for a California Department of Toxic Substance Control (DTSC) approved surface cap to identify potential deficiencies or problems. In addition, the City of San Pablo requests the ability of certified professional(s) service on an “on -call” basis for environmental and/or hazardous material assessments, monitoring, reporting, and potential removal. The scope of services needed are described in more detail in the “Scope of Work” section of this Request for Proposals (RFP).
2. Project Background
In September 2015, the City of San Pablo completed construction on a 4.5 -acre former BNSF Railroad property site. The site is located at 1509 Rumrill Blvd, San Pablo, CA and 2 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
was developed under a voluntary clean -up agreement between DTSC and the former Redevelopment Agency of San Pablo. The selected clean-up actions at the site included soil excavation with off-site disposal and a combination of surface cap constructions and institutional controls. Further information regarding contaminates and controls can be found in the Removal Action Completion Report (RACR) which can be provided upon request.
As part of the institutional controls, an Operations and Maintenance Plan (O&M Plan) was developed to ensure the remedy implemented at the site continues to protect human health and the environment from potential impacts associated with the site (Exhibit 2).
The O&M Plan identifies the need for the City to contract an O&M Professional to provide professional environmental services pertaining to the surface cap at the site. The O&M Professional is required to be a California -Registered Professional (e.g. engineer, geologist) with knowledge of surface cap requirements and able to evalu ate the effectiveness of the surface cap at this site. The responsibilities of the O&M Professional will generally include:
Conducting annual and five-year inspections and reviews; Preparing and signing Annual Inspection Summary Reports and Five-Year Review Reports;
Directing oversight of intrusive surface cap work (as required); and Providing general environmental services including collecting samples for laboratory analysis.
In addition to the Rumrill Sports Complex, the City may be responsible for the maintenance or investigation of sites that have the potential to contain hazardous materials such as asbestos, lead, mold , etc. The City is seeking a consultant to provide industrial hygiene and/or hazardous material assessment services when needed. These services will be authorized by the Engineering Division on an individual task -by-task basis. A task would be authorized with a “not to exceed” contract amount, and a detailed scope of work and budget generated for each as required. The firm may be assigned a specific project for the duration of the project, or be assigned as a “fill-in” inspector for as little as one day. The total number of projects requiring “on -call” Industrial Hygienist services is unknown at this time and may vary from year to year. Additionally, the City may decide to retain more than one firm to provide the subject services.
3. Consultant Services
Scope of Services: Service Area 1- Surface Cap Inspections The Consultant selected shall provide services to complete the inspections, monitoring, reviews, and reports as defined below for the Rumrill Sports Complex Annual Cap Inspections. The Scope of Services for the Rumrill Surface Cap Inspections include, but are not limited to the following:
3 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
A. Act as the City’s Operations and Maintenance (O&M) Professional- In compliance with the City’s O&M Plan, the lead consultant for this service are is required to be a California -registered certified professional (engineer, geologist, etc.) with experience with surface caps and surface cap inspections.
B. Coordination- Work with San Pablo O&M Coordinator to access available resources and establish inspection dates.
C. Material Review- Review the City’s O&M Plan, O &M Agreement and Removal Action Completion Report (RACR) for the site. (To be provided by the City)
D. Inspections- Various inspections will occur at this site to determine the effectiveness of the surface cap. Each type of inspection may require additional information (see below) however in general, for each inspectio n the site will be evaluated for:
o Site security;
o Adequacy of surface cap;
o Surface drainage; and
o Changes in site conditions.
Annual Inspection- Each year an inspection will be conducted prior to December 31st on-site using the inspection checklist provided in Exhibit
3. Event Inspection - In addition to the annual inspections the O&M Professional will conduct inspections during or immediately following unplanned events. Unplanned events may include, but are not limited to, severe storms, significant seismic events and intrusive work that occurs within the surface cap. The inspection checklist in Exhibit 3 will be used.
Five Year Review - Every five years the annual inspection will be combined with the Five Year Review inspection. This insp ection is to occur prior to December 2026. The purpose of the five-year review is to assess the effectiveness of the surface cap and evaluate whether the surface cap remains protective of human health and the environment.
This review will evaluate the pot ential for changes in the monitoring schedule for the following five years.
E. Draft Annual Reports- After each inspection, a report will be provided to the City that will summarize the findings, document changes or activities, record any relevant information about the effectiveness of the surface cap and provide photographs. This report will address preventative and corrective repairs required and these repairs will be accompanied by a written work order. All repairs must come with information on restrictions for conduction work and an action date for completion. All work must be approved by the City’s O&M Coordinator.
4 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
F. Final Annual Reports - Provide the final report with the City’s incorporated comments and with completed deliverables. The final report must be signed by the O&M Professional.
o Reporting Timeframe for Annual Reports/Inspections - Each annual inspection must be co mpleted by December 31 of each year. The final report must be submitted to DTSC within 60 days following the annual inspection.
G. Draft Five Year Review & Work Plan Report - Upon completion of the Five Year Inspection the O&M Professional will prepare a rep ort summarizing their findings and conclusions. This report must be consisten t with the United States Environmental Protection Agency (USEPA) Five Year Review Guidance. The Five Year Review Report will encompass all of the aspects of a typical annual repor t and include any additional information as required. As part of the Draft Five Year Review, the O&M Professional will provide the City with a Draft Work Plan for DTSC approval. This would plan will evaluate the surface cap to determine if a reduction in inspection frequency is appropriate.
H. Final Five Year Review & Work Plan Report- Provide the final report with the City’s incorporated comments and with completed deliverables. The final report must be signed by the O&M Professional.
o Reporting Timeframe for Five Year Review Reports - The five -year inspection must occur prior to December 2026. This repo rt must be submitted to DTSC within 60 days following the Five Year Inspection. As part of the Final Five Year Review , the O&M Professional will provide the City with a Final Work Plan for DTSC approval. This Work Plan will be submitted to DTSC within 30 days of December 1, 2026.
Scope of Services: Service Area 2- On-Call Industrial Hygienist The Scope of Services may include the following:
A. Asbestos, PCBs, lead, mold, soil, water, or other hazardous mat erial sampling, investigation and survey
B. Phase I and Phase II Environmental Assessments
C. Provide abatement and remediation plans and specification D. Conduct abatement and remediation work
E. Encampment abatement and remediation
F. Hazardous material abatement project management
G. Air sampling, indoor air quality surveys, noise monitoring H. Assessment, inspections, and consultations
I. All work will be performed in accordance with accep ted best management practices in compliance with all regulations, laws, licenses, permits, or ordinances.
J. The Contractor will provide a written report for each project. For example, a hazardous material survey would include the following:
5 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
o A description of field activities, observations, and sampling protocols; o Written description of locations, type, and condition of the assessed hazardous materials;
o Tabulated results of sampling and analysis;
o A map indicated building materials, sample locations, and estimat es of quantities;
o A discussion of applicable Federal, State, and local regulations; o Conclusions and recommendations concerning the assessed hazardous material associated with the building.
K. Attendance and participation in any meetings as requested and directed by the City.
L. Attendance and participation in court hearings as requested or directed by the City.
M. Potential availability for “on-call” services on short notice.
N. Coordination with materials testing firms and companies.
O. Performance of the above services in a professional and timely manner.
Proposals for Work: The Project Manager will request fee proposals for individual projects. The estimate supplied by the consultant in writing shall identify the number of hours to be worked and the position of ea ch person performing work on a particular proposal. If aspects of the work will be completed by a sub-consultant this shall be clearly identified. If during actual work the number of hours is increased by more than in the agreed amount the Consultant shall notify the Project Manager as soon as possible.
C. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. The City may, acting in its sole discretion, elect to reject any Proposal that it determines to be nonresponsive. It reserves the right, but not the obligation, to waive any immaterial irregularities. Clarity and brevity are preferable to volume , submittals shall be li mited to 25 pages, excluding proposal cover, cover lett er, table of contents, and dividers. Each Proposal must include the following, organized as Sections 1 through 11:
1. Letter of Interest/ Cover Letter
A letter of interest/ cover letter must be provided transmitting the firm(s) submittal for consideration. The letter of interest/cover letter must identify which service area(s) the firm(s) are submitting the proposal for and must be signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the team.
2. Organization Chart/ Personnel
Since the Project may consist of several professional disciplines, submittals must provide an organization or personnel chart to delineate communication, coordination, and hierarchical structure of the project team.
3. Qualifications
6 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
Provide the qualifications and experience of the firm(s) proposed for the project in the submittal. This should include information describing the team’s experience with:
a. Surface cap inspections, remediation and contaminated sites. b. Reporting and negotiating with DTSC and other regulatory entities. c. Monitoring, sampling, and removal of hazardous materials. d. The ability to provide on-call service on short notice. e. Successfully meet ing state and federal project requirements, including expense tracking when there are multiple funding sources. f. Working collaboratively on an interdisciplinary team of consultants.
4. Staff Statement of Qualifications or Resumes
Provide the qualifications or resumes of key personnel proposed for the project in the submittal. In this section, identify similar/related projects that key members of the submittal have worked on. Note: key team members identified in the submittal shall not change in the executed contract unless notified and approved by the City.
5. Project Management and Staff Availability
Consultants should have one individual who will function as the main coordinator and point of contact for all the other consultants and sub -consultants; he/she will oversee project updates under the direction of City staff. This person will monitor timelines, review and evaluate products, ensure quality control and assist in facilitating meetings. Any substitutes of staff after submittal is received must be provided in writing and approved by the City if the contract is awarded.
6. Project Approach
In five pages or less, describe the Consultant’s proposed approach to this project and if relevant the typical approach to projects similar to this one. The approach should identify how the consultant can provide short -notice on -call services be flexible to potential changes in scope.
7. Schedule of Work
The schedule of work must be included in the submittal in order to demonstrate the Consultants ability to accomplish all Project deadlines. The schedule of work must include milestones for deliverables of each required aspect. All tasks including deliverab les of each sub-consultant must meet set individual deadlines and overall project schedule.
8. Cost Proposal
Firms may choose to provide cost estimates for Service Area 1, Service Area 2 or both services areas.
The cost proposal for Service Area 1 shall include a line-item cost estimate for each work task outlined in the scope of services plus a separate cost for meetings (cost per meeting) and all deliverables. The cost spreadsheet should be in a format that will allow City staff to determine the key project team member(s) proposed for each task and the number of management, technical, drafting and support personnel hours, cost per hour for each project team member and total cost envisioned for each task. Identify any other costs to 7 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
be billed to the project including project expenses and sub -consultant fees. Include any proposed mark -up for sub -consultant fees. Include a copy of the proposed rate schedules(s) to be used throughout the duration of the project and any adjustments that are predicted to occur during the execution of the project.
The cost proposal for Service Area 2 shall include a personnel rate schedule, overtime/after-hour rates and other standard direct costs (travel, mileage, etc.). Identify any other costs to be billed to the project including project expenses and sub-consultant fees. Include any proposed mark -up for sub -consultant fees. Include a copy of the proposed rate schedules(s) to be used throughout the duration of the project with any adjustments that are predicted to occur during the execution of the project.
9. Method of Payment
The method of payment for Service Area 1 will be time and material with a not to exceed amount. The On-call services (Service Area 2) will also be time and material with a task order based not to exceed amount.
10. References
Provide a short summary (one-page maximum) of at least three projects in progress or completed, with the following information for each:
a. Reference name, with current contact information
b. Type of project/work
c. Client type (clarifying role of private sector client, if any) d. Size and scale of the project
e. Current status
11. Consultant Contract Statement
Consultants will include a statement that the firm(s) accepts the terms o f the City’s Consultant Agreement sample ( Exhibit 1) and/or the submittal will include a list of any proposed modifications to the Agreement by the consultant.
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
a. Employment of Local Residents.
Pursuant to the San Pablo Economic Opportunity Policy, the DBE and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with 8 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
“domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
b. Outreach to Local Businesses.
At least fourteen days prior to: (i) DBE’s submission of a Proposal that includes specified subcontractors and (ii) DBE’s award of any subcontract to a subcontractor not included in DBE’s Proposal, DBE will contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510 -215-3200) and provide notice and details regarding subcontracting opportunities. The EDC will notify local businesses of subcontracting opportunities, and provide technical assistance to local businesses during the subcontracting bidding process.
2. Questions. Questions regarding this RFP /SOQ, the Project, or site access may be submitted in writing only and directed to Amanda Booth email:
[email protected]. Written responses will be provided in addenda to this RFP/SOQ posted via Planet Bids . Written questions must be submitted no later than April 14, 2022 at 4:00p.m.
3. General Terms and Conditions
a. All proposals, whether selected or rejected, shall become the property of the City.
b. The cost of RFP /SOQ preparation shall be that of the consulting firm and shall not be paid by the City.
c. Proposals shall be signed by an authorized employee in order to receive consideration.
d. City will not be responsible for propos als delivered to a person or location other than that specified herein.
e. The successful proposer will be asked to enter into an agreement with the City reflecting the terms and conditions of the proposal based on the City's Professional Services Agreement (Agreement) requirements. A copy of the Agreement and Insurance requirements is included as Exhibit 1 to this RFP. Proposals should include a list of any proposed modifications to the Agreement by the consultant. Award of an agreement is subject to approval by the City Council of the City of San Pablo.
f. Neither the City of San Pablo, it’s City Council, officers, employees, agents, representatives, nor any of its consultants will be liable for any claim or damages resulting from the RFP/SOQ process.
g. By submitting a proposal in response to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. All information, documentation , and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.
4. Agreement
9 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
The anticipated duration of the agreement will be one (1) year with the option for four (4) one year extensions for a total potential contract length of 5 years. The term is expected to begin July 1, 2022.
A sample agreement is attached ( Exhibit 1) that includes terms regarding conflict of interest, insurance, indemnification and assignment. The consultant selected to perform the work will be required to comply with these terms.
E. PROPOSAL PROCEDURE
1. Submission of Proposals
Each Proposer must submit a sealed envelope or package containing three (3) print copies and one electronic copy (PDF or comparable) of its Proposal, each copy clea rly identified as “Proposal for Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists.” The electronic copy may be included on a thumb drive in the sealed envelope or package or emailed to: [email protected]. The sealed Proposal must be delivered to:
City of San Pablo
City Clerk’s Office
Att: Public Works Department/Amanda Booth
1000 Gateway Ave
San Pablo, CA 94806
All Proposals, in both print and electronic format, must be received by the City Clerk’s office by April 28, 2022, no later than 5:00 p.m. (“Proposal Deadline”).
Proposals may not be modified after the Proposal Deadline.
2. Consultant Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other in formation required by this RFP /SOQ. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation.
Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.
All proposals will be evaluated by a City of San Pablo Selection Committee. The Selection Committee, made up of key City staff and other parties that may have expertise or experience in the services described herein, will review all submittals deemed comple te according to the evaluation criteria and weighting factors below. The Selection Committee will make independent random checks of one or more of the consultant’s references. This reference check applies to major sub-consultants as well.
The Selection Committee will establish a shortlist of consultants that are considered to be best qualified to perform the contract work . The selection process will include oral 10 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
interviews. The consultant will be notified of the time an d place of oral interviews and o f any additional information that may be required to be submitted.
Upon acceptance of the cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
3. Evaluation Criteria
Proposals will be evaluated according to each criterion below. The scores for all the Criteria will be added for each proposal. The proposal with the highest score will be deemed as the best proposal. The total maximum score for any project is 100 points.
Criteria Maximum
Points
A Completeness of Response Pass/Fail
B Understanding of the Work/Project 25
C Experience with Similar Work 25
D Quality and Availability of Staff 15
E Innovation and Advanced Techniques 10
F Financial Responsibility 10
G Project Delivery 10
H Local Subcontracting Approach/ Local Employment Approach 5 Total 100
A. Completeness of Response (Pass/Fail)
Responses to this RFP/SOQ must be complete. Responses that do not include the proposal content requirements identified within this RFP /SOQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.
B. Understanding of the Work/Project (25 points)
Demonstrated understanding of the Project including Project needs, identification of potential issues and overall approach to complete streets design.
C. Experience with Similar Work (25 points)
Experience of the firm(s) with similar projects, including local knowledge, ex pedited timelines, and working with regulatory agencies.
D. Quality and Availability of Staff (15 points)
Quality and availability/current workload of proposed staff. References will be taken into consideration.
E. Innovation and Advanced Techniques (10 points)
Capability of developing and identification of innovative approaches and solutions to key project issues
F. Financial Responsibility (10 points)
11 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
The firm’s(s) ability to meet project budget, financial and schedule requirements G. Project Delivery (10 points)
Demonstrated technical ability of staff and if relevant, experience of consultant teams working together
H. Local Subcontracting Approach/ Local Employment Approach (5 points) A consultant’s successful use of the local subcontracting and local employment approach (Section D, Items 1a. and 1b.) or a documented good faith effort to succeed at using the City’s local subcontracting and/or local employment approach.
4. Tentative Schedule
Below is a tentative schedule for the selection and procurement process. Dates are subject to change by City staff and/or unforeseen circumstances.
Item Date
RFP/SOQ Release Date March 30, 2022
Last day to submit any questions April 14, 2022, 4:00pm RFP/SOQ Proposal submittal Date April 28, 2022, 5:00pm
Panel Review May 2-5, 2022
Interview period May 10-12, 2022
Selection and negotiation period May 16-19, 2022
Contract to be awarded at City Council June 6, 2022
F. ATTACHMENTS
Exhibit 1 – Sample Consultant Agreement
Exhibit 2 – Rumrill Sports Complex Operations and Maintenance Plan Exhibit 3 – Rumrill Sports Complex Inspection Checklist
City of San Pablo
REQUEST FOR PROPOSAL
AND STATEMENT OF QUALIFICATION
ADDENDUM No. 1
PROFESSIONAL SERVICES
Date: April 19, 2022
This addendum is hereby made a part of the Request for Proposals (RFP) documents to the same extent as if they were originally included therein. Please acknowledge receipt of this addendum in your proposal submittal package. The following are changes and clarifications to the RFP documents:
Clarification Questions and Responses
1. Can we have a list of the incumbent consulting firms for this work in both Service Areas?
City of San Pablo Response: Ninyo and Moore was the consultant firm used during the construction of the Rumrill Sports Complex. During the first 5-year reporting period, the City worked with SCS Consultants for both service areas.
2. How many consulting firms will be selected for this work for both Service Areas?
City of San Pablo Response: There is no specific number of firms that the City will be selected for this work. Ideally, the City hopes to have 1-3 qualified firms to sign contracts with for these services.
3. Can you provide details regarding the surface cap design?
City of San Pablo Response: All documents relevant to the project can be found on the California EnviroStor site:
(https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=70000080). Below is an excerpt from the Removal Action Completion Report (RACR). “In areas of the Site with surface improvements, a minimum 1 foot of surface cap material was installed, which was primarily baserock covered by synthetic turf, asphalt or concrete. In some areas of the Site, soil was included in the surface cap below the baserock in order to achieve the required 1 foot thickness. In areas of the Site without surface improvements (planting and bioretention areas), a minimum of 2 feet of surface cap material (soil) was installed. All utility trenches were backfilled with material that met the surface cap specifications. Above ground structures placed on top of the surface cap include a concession stand, restrooms, a play structure, picnic tables and benches, and a trash enclosure.”
4. How often have unplanned event inspections occurred in the past? How much lead time will there be?
City of San Pablo Response: There have never been unplanned events in the past. The lead time is unknown.
5. Can the City of San Pablo or City staff be used as a reference?
City of San Pablo Response: Yes.
6. Does the section on “Local Employment and Contracting Opportunities” apply to firms that are not DBEs?
City of San Pablo Response: Yes, this City Policy and applies to all firms, regardless of DBE status. To fulfill this requirement all firms:
Shall contact the EDC at [email protected] or 510-215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
Shall contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days.
Due to the potential confusion on this aspect, the deadline for the Proposal will be postponed to May 9, 2022, at 5:00pm.
Updated Timeline:
Item Date
RFP/SOQ Release Date March 30, 2022
Last day to submit any questions April 14, 2022, 4:00pm RFP/SOQ Proposal submittal Date April 28, 2022, 5:00pm May 9, 2022 5:00pm Panel Review May 2-5, 2022 May 10-12, 2022 Interview period May 10-12, 2022 May 16-19, 2022 Selection and negotiation period May 16-19, 2022 May 26-31, 2022 Contract to be awarded at City Council June 6, 2022 June 20, 2022
7. Are there anticipated projects for Phase I and Industrial Hygiene Services?
City of San Pablo Response: The City has a few potential sites/locations where Industrial Hygienist Services may be needed. The City has recently become the owner/operator of the following two sites. Funding permitted, the City plans on upgrading/developing these sites, which are likely to need services that would fall under the scope of services for the on-call contract.
2395 Greenway Dr. (Rollingwood Recreation Center)
13928 San Pablo Ave. (former San Pablo Fire Department Building)
Please acknowledge receipt of this addendum in your proposal submittal package.
Updated: 04/22 Page 17
Exhibit B
Proposal for Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists Prepared for: City of San Pablo City Clerk’s Office Attn: Public Works Department/ Amanda Booth 100 Gateway Ave. San Pablo, CA 94806 Prepared by: Sarah Wilson Marketing and Business Development ACC Environmental Consultants, Inc. 7977 Capwell Drive, Suite 100 Oakland, CA 94621 510.638.8400 ext. 102 [email protected] /[email protected] Table of Contents 1. Letter of Interest ............................................................................................................. 2 2. Organization Chart/ Personnel ....................................................................................... 3 3. Qualifications ................................................................................................................. 4 4. Staff Statement of Qualifications or Resumes ................................................................. 7 5. Project Management and Availability ........................................................................... 14 6. Project Approach .......................................................................................................... 16 7. Schedule of Work .......................................................................................................... 21 8. Cost Proposal ................................................................................................................ 23 9. Method of Payment ........................................................................................................ 26 10. References .................................................................................................................... 27 11. Consultant Contract Statement ..................................................................................... 28
1. Letter of Interest
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 2
1. Letter of Interest May 9, 2022 City of San Pablo City Clerk’s Office Attn: Public Works Department/ Amanda Booth 100 Gateway Ave. San Pablo, CA 94806 Subject: Response to Request for Proposal and Statement of Qualifications for Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists Thank you for the opportunity to respond to the subject RFP/Q. Established in 1986, ACC Environmental Consultants, Inc. (ACC) is an employee-owned full service environmental consulting and design firm recognized for its excellent and reliable client service. ACC is a Certified Small Business with the State of California and has completed the pre-proposal Contra Costa County LBE due diligence process. ACC fully understands the subject RFP and is submitting the following proposal for both Service Area 1 (Rumrill Sports Complex Surface Cap Inspections), and Service Area 2 (On-call Industrial Hygienists). ACC will use this proposal as an opportunity to discuss our abilities and approach to provide the highest level of services to the City of San Pablo (City). We will work diligently with the City to make sure that all program requirements, rules, standard operating procedures, systems and historical information that apply to the conduct of work under this contract are clearly understood by our team. City Primary Contacts: Mark Sanchez, President/CEO (Contract Negotiation) 7977 Capwell Drive, Suite 100 Oakland, CA 94621 (510) 638-8400 (phone) (510) 638-8404 (fax) [email protected] Kimberly Bunting Project Manager ACC Environmental Consultants, Inc. 7977 Capwell Drive, Suite 100 Oakland, CA 94621 Office: (510) 638-8400 x118 Cell: (707) 481-0795 ACC Environmental Consultants, Inc. is in good standing in the State of California and has and will maintain all necessary licenses, permits, certifications, approvals and authorizations necessary in order to perform all of our obligations in connection with this RFP. ACC Acknowledges receipt of Addendum #1. Sincerely, Mark Sanchez, President/CEO
2. Organization Chart/ Personnel
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 3
2. Organization Chart/ Personnel Key Personnel and Organizational Chart
Primary ContactKimberly BuntingProject Manager
As needed Project ManagerCACs, LRCs, Hazwoperas-needed
Environmental TechniciansFull-time in house Certified Technicians As-Needed Administrative SuppoortFull-time in house Administrative help As-Needed Subsurface Environmental TeamKimberly BuntingIan Sutherland, PG Certified Industrial HygienistMichael Burrows Chris Corpuzas-needed Support Contract Support and as-needed PM SupportMark Sanchez, President/ CEOStephen Jackson, Vice President
3. Qualifications
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 4
3. Qualifications ACC has over 35 years of experience and a staff of more than 30 professionals with the expertise to successfully complete the full scope of Environmental Services outlined under this RFP. Our qualified team fully understands and will work diligently to fulfill the full scope of work, specific requirements, and deliverables/reports outlined in this RFP. Local Subcontracting Approach/ Local Employment Approach ACC contacted San Pablo Economic Development Corporation (EDC) on April 15th with notice and details regarding subcontracting opportunities related to this RFP. If awarded this contract, ACC will notify the EDC of any available positions. In addition, ACC will utilize the following local subcontractor for laboratory purposes under this contract unless otherwise directed by the City: McCampbell Analytical, Inc. 1534 Willow Pass Road Pittsburg, CA 94519 Qualifications, Team and Approach ACC has built our reputation and our success as a premier environmental consulting firm providing our clients outstanding customer service. If awarded this contract, our team of professionals will be ready perform the Scope of Services as outlined in the RFP. ACC is committed to maintaining our staff of qualified professionals to successfully respond to each request and conclude each project in the requested performance period. In addition to the specific team described in this RFP, ACC maintains a larger staff of qualified professionals who are able to assist on all project types. ACC’s clients include environmental and health & safety managers for corporations, state and local government agencies, universities, schools, cities, hospitals, housing authorities, residential developers, financial and insurance firms, research and bio-tech facilities, contractors and manufacturers. Our professionals have successfully completed thousands of projects ranging from routine bulk sampling projects to complex abatement designs and environmental investigations and remediation requiring regulatory oversight. ACC works on behalf of the client to interact with overseeing regulatory agencies progressively. ACC effectively manages projects through the requirements and deadlines of the Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (RWQCB), BAAQMD, and local oversight agencies. ACC has received agency approval, and successfully implemented, health risk assessments, numerous site characterization work plans as well as corrective action plans discussing site monitoring, remediation, and mitigation efforts. Past Project Industrial Hygiene Examples Below are a few past project summaries demonstrating as-needed work ACC’s team has completed for Public Agencies. Los Angeles County Department of Public Works ACC has provided monthly cap inspections for the Los Angeles County-owned portion of the former Cogen Landfill since April 2020. ACC’s professional geologist, Ian Sutherland, oversees the monthly inspection of a soil cap cover as well as monitoring for leaks of methane and other landfill gases (LFG). During monthly inspections, ACC evaluates the soil cap by methodically walking the soil cover area and taking photos and documenting areas of concern, if encountered, on field forms. In addition, a RKI multi-gas meter field instrument is used to monitor for LFG leaks. ACC prepares a monthly inspection report Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 5 that includes Site and surface cap history, inspection methodology and observations, and recommendations of areas in need of repair, if encountered. County of Alameda ACC currently provides as-needed consulting services to the County of Alameda. ACC has held similar contracts with the County for over 15 years and continues to be selected to provide services. Steve Jackson serves as the primary point of contact for the County and manages several projects each month. Additionally, Kim Bunting manages subsurface project services, and periodic projects require special attention from our team of Certified Industrial Hygienists. Recently ACC’s Certified Industrial Hygienists assisted the County with the following IH focused projects: - Ventilation project - Exposure Assessment & Silica Exposure plan - Lead and Asbestos personal Exposure plan - PCBs investigation project - Sewage Spill Response and Clearance Typical services include limited bulk sampling, surveys and inspection. Additionally, ACC routinely provides abatement oversight support including review of contractor submittals and work plans prior to the start of work. During abatement projects, ACC staff oversees the work of the abatement contractors, conducts air monitoring during the work and clearance sampling after successful visual inspection. Final project summary reports are provided for each type of project. Oakland Unified School District (OUSD) ACC has provided as-needed consulting services for OUSD since 1992. One example project was the Fremont High School Modernization Project. In 2016, ACC was awarded a contract with Oakland Unified School District (OUSD) in support of this project. ACC provided comprehensive surveys of several buildings scheduled for renovation, demolition and replacement. We also conducted a Phase I Environmental Site Assessment and Preliminary Endangerment Assessment at a new building site, including an assessment of soil, groundwater, and soil vapor in accordance with DTSC directives. As the project progressed, ACC prepared technical specifications for each project phase to manage asbestos, lead and PCBs impacted by the planned work, as well as management of impacted soils during construction. During the construction phase, ACC provided full time oversight and management of each abatement phase. ACC’s work included submittal review, contractor oversight, air monitoring, attendance of progress meetings and responded to RFIs. In one case during a building demolition, a vapor barrier was discovered approximately six inches under a gravel pad supporting a building slab. ACC sampled the materials and determined the material was asbestos-containing. Since the building was partially demolished ACC worked with the abatement contractor to determine a suitable procedure for containing with work area, removing the asbestos vapor barrier while minimizing the cost of disposal of base rock and soil. The process was implemented successfully with limited impact to the project schedule. City of Newark ACC was awarded three contracts in support of the Civic Center Demolition project. Our initial contract from 2018 was for a pre-demolition asbestos and lead survey of the Administration Building and Police Building. The survey was completed to provide preliminary abatement scope and cost estimating.
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 6 A second contract was awarded to ACC for PCB inspection and testing. This scope of work was completed in early 2019. A final contract was issued for supplemental hazardous materials testing to be completed after the building was vacated, abatement design and construction phase abatement oversight. ACC performed the services of this work in 2020 and 2021. The project was recently completed on time and on budget. ACC provided submittal review, work plan approval and full-time oversight and air monitoring during the abatement and demolition. Public Agency Experience: ACC has extensive experience working with public agencies providing as-needed consulting services. We currently hold contracts to provide an array of services including but not limited to Monthly Surface Cap Inspections, Phase I ESAs, Phase II ESAs, Subsurface Investigations, Vapor intrusion investigation and mitigation, Regulatory Agency Compliance, Remedial/Mitigation services, Industrial Hygiene services, asbestos, lead-based paint, and indoor air quality/mold services for the following public agencies throughout California. Below is a partial list of public agencies we currently provide consulting services for: • LA County Development Commission & Housing Authority of LA • City of Inglewood • LA County Public Administrator • LA County Internal Services Department • LA County Dept. of Public Works • City of Los Angeles, Department of General Services • City of Manhattan Beach • City of Santa Monica • City of San Mateo • City of Pasadena • City of Heyward • City of Oakland • City of San Bruno • City of Pleasanton • Port of Oakland • U.S. Coast Guard • City of Fremont • City of San Leandro • County of Alameda • Palo Alto Housing Commission • East Bay Regional Parks District • County of Shasta • County of San Mateo • City of San Francisco Housing Authority • Oakland Housing Authority • Contra Costa Community College District • San Diego State University • Stanford University • Hastings College of the Law • Touro University • University of California Davis • University of California Los Angeles • Simi Valley Unified School District • Forestville Union School District • Los Angeles Unified School District • McFarland Unified School District • Oakland Unified School District • Castro Valley Unified School District • Alameda County Office of Education • Alameda Unified School District • Healdsburg Unified School District • Lifeline Education Charter School • Livermore Valley Joint Unified School District • National Center For International Schools • Roseland School District • San Benito High School District • San Francisco Unified School District • San Lorenzo Unified School District • Sonoma Valley Unified School District • Ukiah Unified School District • West Sonoma Union High School District • Peralta Community College
4. Staff Statement of Qualifications or Resumes
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 7
4. Staff Statement of Qualifications or Resumes Technical Staff Certification Summary - Oakland Full time, local, in-house, non-subcontracted Staff/Title*** Years with Firm
CAC CSST CDPH Lead Inspector/ Risk Assessor
CDPH Lead Project Monitor
OSHA 40 Hour HAZWOPER
NIOSH 582 or Equivalent Training
Most Recent PAT round slide date CIH/ Other Certs
Mark Sanchez / President & CEO 31 X X X X X CHMM, REA Stephen Jackson Vice President 6 X X X X X Chris Yama/ Senior Project Manager 23 X X X X X LEED AP, CHMM, Mold Cert. Massoud Navvab/ Industrial Hygienist 27 X X X X X 01/31/2022 Ben Schulte-Bisping Project Manager 10 X X X X X ICRI Concrete Moisture Testing Ian Sutherland Professional Geologist 9 X PG # 9196 Phase I-II ESA Rachael Gehrman Field Technician 7 X X X X X 01/31/2022 OSHA 30 Mercede Ramjerdi Field Technician 4 X X X X 01/31/2022 DOT HazMat Gus Valerian Field Technician 5 X X X 01/31/2022 OSHA 30 Michael Keenan Field Technician 3 X X X 01/31/2022 OSHA 30 Davis Leach Field Technician 2 X X X 01/31/2022 OSHA 30 Melanie Batchelor Field Technician 2 X X X 01/31/2022 OSHA 30 Kim Bunting Project Geologist 7 X Phase I-II ESA Kyle Staff Geologist 5 X Phase I-II ESA Jorge Leon Field Technician 8 X X X X 01/31/2022 Chris Corpuz Certified Industrial Hygienist 4 X X X X CIH 3881, MS Safety Mike Burrows Certified Industrial Hygienist 1 X CIH 12128, MS Safety Ben Siemens <1 X CDPH Lead Sampling Tech
Robin Maida <1 X CDPH Lead Sampling Tech
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 8 Key Staff Resumes Mark Sanchez, CHMM CEO/ President Industrial Hygienist. Certified Asbestos Consultant Phone: (510) 638-8400 x 104 | [email protected] Role with City: Contract negation and as-needed Project Management support CEO/ President: Mr. Mark Sanchez, CAC, CHMM, CA/DPH, REA Mr. Sanchez, has been with the company for 29 years. Mr. Sanchez has over 29 years of experience with health and safety programs, hazardous materials investigations and environmental site assessments. He participates in and manages asbestos, lead-based paint, mold and indoor air quality projects and provides employee training on issues pertaining to health and safety and emergency response procedures. Mr. Sanchez has been a faculty member for the Programs in Environmental Hazard Management at the University of California in Berkeley. Examples of Representative Clark Construction: Managed hazardous materials identification, design and Projects removal for the Highland Hospital renovation and demolition project. City of Oakland: Primary Project manager for all On-Call Hazardous Material Consulting Services CSU East Bay: Managed the design and removal of hazardous materials from Warren Hall. Provided oversight during the implosion of the building, cleanup activities and site clearance. County of Alameda: Managed 100s for the County including asbestos, lead-based paint and mold surveys, project oversight and air clearance sampling. Livermore Valley Joint Unified School District: For the last 12 years Mr. Sanchez has been the Project Manager for LVJUSD as-needed environmental consulting projects. Projects include asbestos and lead surveys, project oversight and air sampling, biological investigations, soil and groundwater characterization. Education B.A., Environmental Studies (in progress) Registrations and Certified Hazardous Materials Manager (CHMM) Certifications California Registered Environmental Assessors (REA) Cal/OSHA Certified Asbestos Consultant #92-0082 CA/DPH Certified Lead Related Construction I/A 2101, M 2102, S2100 Sampling and Evaluation Airborne Asbestos Dust (NIOSH 582) OSHA 40-Hour HAZWOPER Training Hazardous Materials Management Certificate Environmental and Occupational Site Auditing Areas of Professional Training/educational instruction Site Audits Expertise Abatement project management Regulatory Compliance Industrial hygiene consulting Contract negotiations Asbestos awareness training IAQ investigation Emergency response programs Occupational health and Safety
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 9 Stephen Jackson Vice President | Senior Project Manager Industrial Hygienist. Certified Asbestos Consultant Phone: (510) 638-8400 x 105 | [email protected] Senior Project Manager: Stephen Jackson CAC, CHMM, CA/DPH Mr. Jackson, will be the primary contact under this contract and worked with Alameda County on as-needed Environmental Consulting services since 2017. Steve provides senior project management for current Hazardous Material Consulting projects and oversight of the field personnel and review all reports and documents. Mr. Jackson has over 23 years of experience with health and safety programs, hazardous materials investigations and environmental site assessments. He participates in and manages asbestos, lead-based paint, mold and indoor air quality projects and provides employee training on issues pertaining to health and safety and emergency response procedures. Mr. Jackson has been a faculty member for the Programs in Environmental Hazard Management at the University of California in Berkeley. Examples of Projects Alameda County: Is the current contact for all Environmental Consultant projects with Alameda County. Hayward Area Recreational Parks District: Managed the designed Hazardous Material Projects for several District Sites. Oakland Unified School District: Mr. Jackson has been the Project Manager for OUSD as-needed environmental consulting projects. Projects include asbestos and lead surveys, project oversight and air sampling, biological investigations, soil and groundwater characterization. City of Newark: ACC was contracted to provide pre-demolition surveys of the Newark Civic Center for Asbestos, Lead and PCBs. ACC completed the surveys and prepared technical specifications for the abatement of hazardous materials. ACC also was contracted to provide abatement oversight services during the removal of hazardous materials. Education Bachelor of Science, California State University, Hayward Registrations and Certified Hazardous Materials Manager (CHMM) Certifications California Registered Environmental Assessors (REA) Cal/OSHA Certified Asbestos Consultant #95-1782 CA/DPH LRC – I/A 7294, PM 6277 Niton XRF Radiation Training OSHA 40 Hour Hazwoper Participates in AIHA PAT Program Areas of Professional Training/educational instruction Industrial hygiene Expertise Abatement project management Regulatory Compliance Occupational health and Safety Site Audits Lead surveys Contract negotiations Effective verbal and written communication IAQ investigation Emergency response programs
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 10 Ian Sutherland, PG #9196 Professional Geologist/ Project Manager Phone: (510) 638-8400 x 110 | [email protected] Ian Sutherland provides project management and Professional Geologist oversight for projects in the Subsurface Department. Mr. Sutherland has extensive environmental experience including: managing numerous long-term projects, site characterization (soil, groundwater, soil vapor, and indoor air), site mitigation/remediation, regulatory assistance and compliance, QA/QC, health risk assessment, staff management, subcontractor management and working with attorneys and professional engineers on complex projects. Education Geology, California State University East Bay, Hayward, CA Representative Phase I ESA Investigations in California Projects Commercial properties: Former gas stations, drycleaners, auto-repair shops, and multi-tenant office/residential buildings. Industrial properties: Manufacturing facilities (i.e., construction equipment, computer hardware, furniture, textiles) Additional properties: Vacant land and agricultural land Phase II ESA Investigations: Conducted subsurface investigations for commercial and industrial properties. Including: auto-repair shops, dry cleaning facilities, gas stations, agricultural properties and other commercial properties. Collected soil samples, soil gas samples, and groundwater samples. When warranted, oversaw the design installation of groundwater monitoring wells and remediation. In Situ Soil Waste Characterization and Cost-Effective Soil Management Plans for various Developers & Contractors Site Characterization: Conducted numerous site characterizations including full delineation of soil and groundwater impacts. Prepared Site Characterization Reports, Groundwater Monitoring Reports, Corrective Action Plans, Remedial Action Plans, And Site Closure Reports for Leaking Underground Storage Tank (LUST) sites and Spills, Leaks, Investigation and Cleanup (SLIC) sites. Certifications and California Professional Geologist No.9196 Registrations Hazardous Waste Operations and Emergency Response (Title 29 CFR 1910.120) Areas of Professional Soil and groundwater characterization Work Plan Preparation Expertise Subsurface Remediation Technical Writing Groundwater monitoring well design Petroleum Hydrocarbons Hazardous waste characterization Chlorinated Solvents Indoor air sampling Metals, PCBs, OCPs Soil vapor/gas sampling Cost Estimates/Budgeting Vapor Intrusion Assessment Health Risk Assessment
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 11 Kimberly Bunting Project Manager [email protected] | (707) 481-0795 Kimberly Bunting joined ACC in 2015 and is a project manager in the Environmental Subsurface Division. Ms. Bunting’s experience includes managing Phase I ESA and Phase II ESAs, waste characterization and disposal, and collecting soil, groundwater, soil vapor, and indoor air samples following ASTM, EPA, and regulatory guidance. Ms. Bunting is proficient at technical writing and editing; interpreting and presenting scientific data; client and subcontractor management, and agency correspondence. Areas of Environmental Site Assessments Professional Site Characterization/Subsurface Investigations Expertise Soil Profiling for Disposal and/or Re-use Purposes Technical Report Review Regulatory Agency Interaction Work Plan Preparation and Implementation Vapor Intrusion Assessments Indoor Air Sampling Related to Subsurface Contamination Soil and Groundwater Management Plans Health and Safety Plans Adobe Illustrator Nuisance Dust Monitoring Project Proposed and Existing Multi-Family Residential Experience Former and Existing Agricultural Land Vacant Land Gasoline Service Stations, Automotive Repair, and Automobile Dealerships Machine Shops, Metal Fabricating, and Manufacturing Drycleaners School Facilities Miscellaneous Commercial: Hospitality, Medical Facilities, Warehouses, Commercial Retail, Restaurants, and Commercial Office Buildings Certifications and OSHA Hazardous Waste Operations and Emergency Response Standard Registrations (HAZWOPER) 40-Hour Education University of California, Berkeley, California Bachelor of Science in Conservation and Resource Studies Bachelor of Arts in Geography
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 12 Michael Burrows, M.S. EOH, CIH Project Manager/Certified Industrial Hygienist [email protected] . Mr. Michael Burrows, CIH, joined ACC in 2021 and is a full time, in-house, senior technical staff member. Mr. Burrows has over 10 years or experience as a Health and Safety professional. Mr. Burrows has worked with clients from both the public and private sectors assisting with creation and implementation of formal policies/ procedures, risk recognition and solution strategies, training at all employee levels from frontline to management and safety marketing. Michael’s specialties include industrial hygiene, environmental protection and project management, training and education, and interfacing between businesses and governmental agencies to meet local, state and federal expectations. He has developed and implemented health and safety programs for a wide variety of facilities and environmental projects, as well as many of the policies and procedures for internal and client health and safety programs. Representative Mr. Burrows’ client base is very broad and includes the following markets and industries: Clients • Local, State, Federal Government Agencies • Healthcare • Manufacturing/ Industrial • Construction • Pharmaceutical/ Biopharmaceutical • Commercial Education M.S., Environmental and Occupational Health California State University Northridge Certificates and Certified Industrial Hygienist (CIH – No. 12128 CP) Registrations First Aid/ CPR Areas of Program management System and Process Safety Professional Environmental Site Assessments Industrial Hygiene Expertise Audits and Inspections Health and Safety Hazardous Material Management Program Development and Lockout/ tag out Technical Training Risk Management Ergonomic Assessments Expert Witness and Litigation Support Stormwater Spill Prevention Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 13 Chris Corpuz Senior Project Manager MS, CIH, CAC Project Manager: Mr. Chris Corpuz, MS, CIH CAC, CDPH Lead Inspector/Assessor/Monitor. Mr. Corpuz joined ACC this year and is a full time, in-house, senior technical staff member. Mr. Corpuz has over 35 years of experience in the fields of industrial hygiene and safety. He is skilled in program development and implementation, evaluating manufacturing methods, and incorporating health and safety into engineering designs and procedures. He has developed and implemented health and safety programs for a wide variety of facilities and environmental remediation projects, as well as many of the policies and procedures for internal and client health and safety programs. If required, Mr. Corpuz will provide Certified Industrial Hygiene services for the District. Mr. Corpuz has several years of experience providing all aspects of Hazardous Material Management projects: local, national, and global. He has participated on numerous professional industry boards and maintains current knowledge of Local, State and Federal regulations related to the Industrial Hygiene and Safety industry. Representative Mr. Corpuz’s client base is very broad and includes the following Clients markets and industries: • Department of Defense • Healthcare • Heavy Manufacturing • Food Manufacturing and Agriculture • Pharmaceutical/ Biopharmaceutical • Semiconductor/Photovoltaic. Education B.S. Industrial Hygiene, B.S. Biology, M.S. Safety Certificates and Cal/OSHA Certified Asbestos Consultant #16-5762 Registrations Certified Industrial Hygienist (CIH – No. 3881) EPA Certified Building Inspector EPA Certified Management Planner EPA Certified Contractor Supervisor EPA Certified Project Designer Radiation Safety Officer Areas of Asbestos abatement Project management Professional Aerosol (Dust Monitoring and Control) System and Process Safety Expertise Site Inspection Audits and Inspections Survey and hazardous assessment Health and Safety Industrial Hygiene H&S Program Development and Technical Training Risk Management Expert Witness and Litigation Support
5.Project Management and Availability
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 14
5. Project Management and Availability Kim Bunting will be the primary contact and Project Manager assigned to the City and will work closely with the City’s team to meet all Deliverables associated with the Environmental Services Scope in the most efficient and cost saving way. Contact Information: Kimberly Bunting Project Manager ACC Environmental Consultants, Inc. 7977 Capwell Drive, Suite 100 Oakland, CA 94621 Office: (510) 638-8400 x118 Cell: (707) 481-0795 ACC will dedicate a team with the qualifications, certificates and experience necessary to ensure the successful fulfillment of this contract. Software and Data base solutions: ACC utilizes software and data base programs to assist our clients in achieving their goals of organizing their Industrial Hygiene and Environmental assessment needs by creating solid platforms to manage their hazardous materials, training programs and operations and maintenance activities. Additionally, ACC has developed proprietary software programs for survey work to assist inspectors in the gathering and recording of information in standardized format. This ensures that our clients receive documentation that is consistent from project to project Our standardized format also acts as a built-in quality assurance mechanism by requiring our staff to be thorough and accurate when gathering project data. Accuracy in data gathering allows for development of accurate scopes of work, which allows for the best opportunity for fair and accurate bids. Our project managers are experienced cost estimators who continually track the current production rates and cost trends of the abatement industry and update our cost estimating software – allowing us to have the most up to date information available to accurately estimate the costs of projects. ACC develops scopes of work that reflect the true requirements of projects through accurate and comprehensive gathering of project data. This, combined with our depth of experience helps us prepare clear and well-defined specifications that minimize the possibility for costly change orders. We apply strict project management processes to all our projects, enforcing agreed upon critical paths, maintaining strong control of project conduct, applying good communication practices and sharing our understanding of the work with all stakeholders including contractors. We routinely act as a liaison between the contractor and client groups to work out logistics and to ensure that costly delays and issues are avoided in all our projects. Project Managers attend weekly scheduled meetings to discuss forecasted staffing requirements on projects. Each week a schedule is distributed to all staff members. ACC will work with the City to meet project schedules. If any delays are anticipated for the contract documents or for changes in the field the City will be updated immediately and a revised schedule will be communicated. ACC is dedicated to using local staff on projects and will ensure staff continuity on projects.
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 15 ACC’s dedicated staff is highly qualified with a deep understanding of current regulations and excellent relationships with local regulators. Utilizing in-house staff that have appropriate professional certifications and experience allows us to provide each client with a consistent technical approach. We understand that the success of a project begins with our first client conversation and continues through each phase of the project until the last report is issued, and the final invoice is approved for payment. It is important to understand the needs of every client for every project and consult with the client to ensure the scope of a proposed service is adequate to address the clients’ needs and is completed accurately, on-time and on-budget. At ACC every scope of work, proposal, report and technical specification is peer reviewed to make sure that each aspect of a project has insight from more than one technical expert. Once a project is authorized the ACC Project Manager will coordinate with the City’s Team to determine the schedule, access, any site restrictions and any other project specific requirements. Once these details have been reviewed, the ACC project manager will assign the project internally to one of our project technicians (or project team). The project assignment includes scope of work, schedule, budget, information on site restrictions and project goals. The project technician has access to the project manager and other internal experts if questions arise during the field work. The Project Manager will receive project field documentation daily and address any questions or concerns with the technician promptly. All samples are submitted to local accredited laboratories following industry standard chain-of-custody protocols. Our field technicians have worked on hundreds of projects in all types of facilities and situations. Each member of this team is qualified to address both emergency response and planned activities thus providing a redundant capability to respond to contract needs. ACC staff attends regular training classes both in-house and out to maintain and enhance their knowledge of regulations and state of the art tools to use for monitoring and recording project events and schedules. Our documentation protocol is designed to guide our staff in observing and recording all project events as required by regulatory and special conditions for each project we are involved with. We will work diligently with the City from day one to make sure that all program requirements, rules, standard operating procedures, systems, historical information etc. that apply to the conduct of work of the contract are clearly understood by our team. Working with the City, ACC will develop communication protocols and systems to respond to the planned and emergency tasks implied by the RFP. ACC will provide dedicated points of contact to ensure timely response to the City’s needs. It is ACC’s philosophy to provide our clients with the same type of response ability as that expected of their best employees.
6.Project Approach
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 16
6. Project Approach Service Area 1 - Surface Cap Inspection & Reports: In accordance with the Operations and Maintenance Plan (O&M) dated September 29, 2016, ACC proposes to conduct an annual surface cap inspection of the Rumrill Sports Complex. Annual cap inspections will consist of evaluating the site and surface cap for site security, adequacy of surface cap, surface drainage, and changes in site conditions, or areas in need of repair. Photos will be taken for documenting identified areas of concern, if encountered. ACC will walk the Site in a grid pattern. Areas of concern, if encountered, will be documented on field forms including the one provided in Exhibit 3. ACC will prepare an inspection report that includes the history of the Site and surface cap development, date of annual inspection, methodology of inspection, weather data, non-compliance concerns, and any recommendations for repairs. The report will be signed by a Professional Geologist. In addition, ACC will conduct additional inspections as needed after unplanned events such as severe storms, significant seismic events, or intrusive work. ACC will prepare a written report signed by a Professional Geologist discussing additional inspections observations and any recommendations resulting from an unplanned event. A Five Year Review Report will be prepared discussing the history and effectiveness of the surface cap and evaluating whether the surface cap remains protective of human health and the environment. The review will also evaluate the potential for changes in the monitoring schedule for the following five years. The report will summarize ACC’s findings and conclusions and will be in accordance with the United States Environmental Protection Agency (USEPA) Five Year Review Guidance and be signed by a Professional Geologist. In addition to the Five Year Review Report, ACC will prepare a work plan to evaluate the surface cap to determine if a reduction in inspection frequency is appropriate. The work plan will be signed by a Professional Geologist and submitted to the DTSC for approval. Service Area 2 – On-Call Industrial Hygienist ACC’s team is qualified to perform the full scope of services listed under Service Area 2. Including but not limited to items listed in the Scope of Services section, items A.-H.: A. Asbestos, PCBs, lead, mold, soil, water, or other hazardous material sampling, investigation and survey. B. Phase I and Phase II Environmental Assessments C. Provide abatement and remediation plans and specification D. Conduct abatement and remediation work E. Encampment abatement and remediation F. Hazardous material abatement project management G. Air sampling, indoor air quality surveys, noise monitoring H. Assessment, inspections, and consultations ACC will follow all Scope of Service parameters set by the City in the Scope of Services section, items I.-O.:
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 17 I. All work will be performed in accordance with accepted best management practices in compliance with all regulations, laws, licenses, permits, or ordinances. J. The Contractor will provide a written report for each project. For example, a hazardous material survey would include the following: o A description of field activities, observations, and sampling protocols; o Written description of locations, type, and condition of the assessed hazardous materials; o Tabulated results of sampling and analysis; o A map indicated building materials, sample locations, and estimates of quantities; o A discussion of applicable Federal, State, and local regulations; o Conclusions and recommendations concerning the assessed hazardous material associated with the building. K. Attendance and participation in any meetings as requested and directed by the City. L. Attendance and participation in court hearings as requested or directed by the City. M. Potential availability for “on-call” services on short notice. N. Coordination with materials testing firms and companies. O. Performance of the above services in a professional and timely manner. Due to RFP and Section page limitations ACC will not go into specific approach detail for each Scope of Service area but a full, detailed approach will be included in every response to the proposal for Work issued by the City. General Approach, Synopsis and Highlights for all On-Call Industrial Hygienist Services A dedicated Senior Project Manager with appropriate technician support staff will be available 24/7 for this project. In an emergency, ACC can be onsite at any location within the City within two (2) hours of notification. From start to finish, ACC employs methods and tools that assure quality outcomes for all of our work. Our project management and documentation protocols are designed to guide our staff in observing and recording all project events as required by regulation and project specified requirements for each project. Our communication systems and training capabilities allow us to provide the most efficient and responsive effort available to reach project goals. ACC’s approach to surveys, project design and project management is quality focused, aimed at taking risk out of the equation while providing comprehensive and accurate reporting, design and oversight. Our Project Managers have excellent relationships with leading architects, engineers, contractors and local regulators and are accustomed in working directly with the owner or frequently as part of a larger project team. Our staff of professionals has experience working with communities and stakeholders, ensuring that we have the unique qualifications and insight to anticipate and address project needs well before they can become more complex issues. We understand our role with each client and project. ACC’s goal is to provide timely and cost-effective guidance to help our clients’ maintain compliance with regulatory requirements while ensuring the health and safety of each project site with practical, quality driven solutions. By doing this ACC assists in reducing liability and improving the health and safety of employees and other stakeholders by ensuring that the risks posed by hazardous materials and environmental contaminants in the workplace are fully understood and appropriately managed. Deliverables/Reports: ACC will provide written reports and other project related documentation within Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 18 30 calendar days after project completion, or sooner if requested. All reports will contain the applicable information described in the RFP. Email updates and project status updates, including Re-Occupancy Certifications will be provided as agreed upon for each project. Invoices will be submitted promptly after submitting final reports. Invoices will include all information required by the City. Cost Effectiveness ACC provides experience, best practices, and the industries best tools to ensure that our projects are on time and on budget. ACC has a 35 year track record of success and has set the standard of customer satisfaction in our industry. We understand the needs of our clients and associated stakeholders of the projects we manage. Our extensive experience in hazardous materials investigations, abatement project design, project estimating and project management allows us to anticipate challenges and to act proactively to ensure a successful and cost effective outcome. Subsurface-specific Approach: Phase I ESAs: As a minimum scope of work, ACC follows industry-recognized guidelines for performing Phase I ESAs as established by the American Society of Testing Materials (ASTM) E1527-13 and E1527-21 standards and All Appropriate Inquiry (AAI) 40 CFR Part 312. The purpose of the Phase I ESA is to assess for the presence of recognized environmental conditions (RECs) for purposes of CERCLA Landowner Liability Protection, although Phase I ESAs may be conducted for other purposes. Phase I Report Components: ● Reconnaissance of Subject Property; ● Historical review of Subject Property via aerial photographs, historical topographic maps, historic city directories, available fire insurance maps; ● A search of regulatory records for the Subject Property and adjoining/nearby properties of concern; ● General review of the geology and hydrogeology in the vicinity of the Subject Property; ● Interviews of persons familiar with the history of the Subject Property; ● Interviews and records review of applicable local agencies familiar with the Subject Property and or vicinity; ● Non-scope considerations (asbestos-containing building materials, lead-based paint, radon, wetlands, etc.); and ● Preparation of a digital report of findings Phase II ESAs: ACC follows industry standards as established by ASTM E1903-19. ACC’s Phase II ESA scopes are overseen by a Professional Geologist. Scope of Work Development • ACC prepares detailed proposals and/or work plans which discusses the sampling rationale, recommended sample locations and depths, project set up tasks, discussion of sample collection processes, recommended laboratory analyses, deliverables, investigation schedule, and cost break down.
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 19 Sampling of Environmental Media by Qualified Technicians and Environmental Professionals • Soil Sampling o ACC conducts soil sampling using hand tools or direct-push rig technology; o Soils not collected for chemical analysis are checked for the presence of contamination in the field, such as chemical odors, petroleum hydrocarbon odors, discoloring, or elevated PID readings; o Soil samples are collected in recovered acetate liners, glass jars and/or stainless-steel tubes, and stored on ice pending transport to the laboratory. • Groundwater Sampling o Groundwater samples are collected via a direct push rig. Dedicated temporary PVC monitoring wells will be installed in each boring. o Depths-to-groundwater will be measured using an electronic water level meter tape. o Depths-to-groundwater will not be collected until after sample collection to minimize the potential for cross contamination and may not be representative of the potentiometric surface at each location o A peristaltic pump with dedicated tubing will be used to collect low turbidity groundwater samples. If sediment is observed in the groundwater samples, the observations will be noted on field logs. o Samples are collected using laboratory supplied sample containers in the following order: VOCs, TPH, SVOCs, metals, etc. as warranted and stored on ice pending transport to the laboratory. • Soil Vapor Sampling o ACC conducts soil vapor sampling according to the Advisory – Active Soil Gas Investigations prepared by the Department of Toxic Substances Control (July 2015) o Construction of soil vapor borings: Soil vapor borings are typically constructed by the driller under the oversight of ACC. Soil vapor boring depth extends to 5.5 feet bgs. 6 inches of kiln- dried sand is placed at the bottom of the boring and the sampling probe attached to Teflon tubing is installed at 5 ft bgs using a PVC tremie pipe. 6 inches of kiln-dried sand is placed above the sampling probe. This is referred to as the sand pack. Approximately 1 foot of dry bentonite is placed above the sand pack. And the boring is then back filled with granular bentonite hydrated at a minimum of six-inch intervals. The Teflon tubing attached to the soil vapor probe extends up through the boring and approximately 2 feet of tubing extends out of the boring to attach to the sample train. If boring is installed manually, ACC waits at least 48 hours to collect the sample. With DPT ACC waits at least 2 hours. This allows the vapors in the subsurface to equilibrate. o Sub-Slab Soil Vapor: At each sample location, ACC will drill a 5/8-inch core through the concrete slab foundation of a building. ACC will install a dedicated vapor pin using a hammer and to establish a tight fit. A 1L SUMMA canister and manifold will be connected with dedicated Teflon tubing to the vapor pin. o Shut-In Test: Dedicated one-liter SUMMA canisters and dedicated sample trains will be used for each soil vapor sample. Shut-in tests will be conducted at each location prior to sampling in order to assess the integrity of the sample train. The shut-in test consists of assembling the above ground section of the sample train (e.g., valve lines, fittings, flow controllers, and SUMMA canister downstream from the top of the probe), evacuating the flow, then shutting the valves at either end of the above ground section of the sampling train including the valve attached to the Summa canister, and observing the vacuum for a minimum of one minute. If there is any observable loss of Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 20 vacuum, the fittings are adjusted as needed until the vacuum in the above ground section of the sample train does not noticeably dissipate. o Purging: Approximately three volumes will be purged from the sample tubing and pore space around the soil vapor probe prior to sampling. Sample flow rates will be less than 200 milliliters per minute (approximately 150 milliliters per minute). o Sample Collection: Connect 1L Summa Canister to manifold and connect to boring. Air flows from boring into sample canister until the pressure on the gauge reads approximately -5 inches of mercury. With tight soils such as clay and silt sometime the vacuum equilibrates sooner than that and we have to stop the sample collection before ambient air is accidently pulled into the sample. o ACC frequently uses helium as a tracer gas with a helium shroud as a leak detection QA/QC measure. • Indoor Air Sampling related to Subsurface Contamination o Dedicated and individually lab certified 6L SUMMA canisters and flow controllers (8 or 24 hour) will be used for each indoor air sample; o Sample canisters are set between approximately 4-5 feet above ground surface, and within typical breathing area; o Air flows through flow controller into sample canister until the pressure on the gauge reads approximately -5 inches of mercury; and o Exterior ambient air samples are additionally collected as a control to compare to indoor air concentrations of VOCs with outdoor air concentrations Subcontractor Assistance: Licensed Drillers, Private Utility Locators, State-Certified Laboratories ACC routinely works with skilled subcontractors when the project requires. Through the use of good communications and comprehensive understanding of the project requirements ACC asserts our authority in timely and appropriate ways whenever a potential issue is observed to act proactively before it becomes a hazard. We are committed to ensure that contractors use best practices in performing the work of the project. Electronic Report ● ACC prepares digital reports documenting site background, sampling methodologies, geological and hydrogeological setting, sampling locations, analytical results, conclusions, and recommendations with as-needed additional cost estimates. The report will include: o Analytical results tables with applicable screening levels; o Soil boring logs; and o Figures including scaled site maps with soil boring locations
7.Schedule of Work
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 21
7. Schedule of Work Service Area 1 – Surface Cap Inspections Tasks/ Deliverables Milestones for Deliverables City’s Operation and Maintenance Professional ACC’s Professional Geologist, Ian Sutherland and Project Manager Kim Bunting will work with the City to develop the preferred surface cap inspection schedule as well as additional related work and inspections. Coordination ACC’s team will work with San Pablo O&M Coordinator to access available resources and establish inspection dates Material Review Upon contract award ACC’s team will work with the City to review the existing O&M Plan, Agreement, and Removal Action Completion Report (RACR) for the site. Inspections: Various inspections will occur at this site to determine the effectiveness of the surface cap. Each type of inspection may require additional information however in general, for each inspection the site will be evaluated for: o Site security; o Adequacy of surface cap; o Surface drainage; and o Changes in site conditions. o Annual Inspection: Per the RFP Scope of Work, ACC will work with the City to conduct an annual inspection prior to December 31st utilizing the inspection checklist provided in Exhibit 3 o Event Inspection: ACC’s team will be available to the City to conduct inspections during or immediately following unplanned events. ACC will work with the City to meet the timeline related to the unplanned event and our team will provide the City with a 24/7 emergency contact. o Five Year Review & Report Every five years ACC’s team will conduct a Five Year Review inspection combined with the annual inspection. The next five-year review will be completed prior to December 2026.
Draft Annual Report Provided to the City’s team for review and approval after each inspection. Final Annual Report Completed prior to December 31st of each year Draft Five Year Review & Work Plan Report ACC will provide the City with a Draft report for review as well as a Draft Work Plan for DTSC approval. Final Five Year Review & Work Plan Report To be completed prior to December 2026 and submitted to the DTSC within 60 days following the Five Year Inspection. ACC will provide the City with a Final Work plan for DTSC approval and will be submitted to DTSC within 30 Days of December 1, 2026.
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 22 Service Area 2 – On-Call Industrial Hygienist: ACC understands that the Scope of Work described under Service Area 2 will be conducted on an on-call basis and that the City will request a fee proposal for individual projects. ACC’s proposal estimate will include a project schedule including hours to be worked and the position of each person performing work. The proposal will also include any aspects of the work to be completed by sub-consultants. Once a project is authorized the ACC Project Manager will coordinate with the City’s Team to determine the schedule, access, site restriction and any other project specific requirements. Once these details have been reviewed, the ACC project manager will assign the project internally to one of our project technicians (or project team). The Project Manager will receive project field documentation daily and address any questions or concerns with the technician promptly. All samples are submitted to local accredited laboratories following industry standard chain-of-custody protocols. If during actual work the number of hours is increased by more than in the agreed amount ACC will immediately notify the City’s Project Manager.
8.Cost Proposal & 9.Method of Payment
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 23
8. Cost Proposal Service Area 1 – Surface Cap Inspections The following pricing is to provide services to complete the inspections, monitoring, reviews, and reports as defined in the RFP for the Rumrill Sports Complex Annual Cap Inspections. 1. Act as the City’s Operation and Maintenance Professional (O&M Professional – in compliance with the City’s O&M Plan, the lead consultant for this service will be a California-registered certified professional geologist. Labor Classification/ Analysis Quantity Hourly/ Unit Pricing Professional Geologist 4 $205.00 Total Estimated Cost $820.00 2. Coordination – Work with San Pablo O&M Coordinator to access available resources and establish inspection dates Labor Classification/ Analysis Quantity Hourly/ Unit Pricing Professional Geologist 4 $205.00 Total Estimated Cost $820.00 3. Material Review – Review the City’s O&M Plan, O&M Agreement and Removal Action Completion Report (RACR) for the site. (To be provided by the City) Labor Classification/ Analysis Quantity Hourly/ Unit Pricing Professional Geologist 8 $205.00 Total Estimated Cost $820.00 4. Inspections – Various inspections will occur at this site to determine the effectiveness of the surface cap. Each type of inspection may require additional information however in general, for each inspection the site will be evaluated for: o Site security; o Adequacy of surface cap; o Surface drainage; and o Changes in site conditions. Annual Inspection & Report Labor Classification/ Analysis Quantity Hourly/ Unit Pricing Professional Geologist 4 $205.00 Project Manager / Project Geologist 2 $165.00 Project Scientist, Project Hygienist, or Technician, Level II 8 $117.00 Administrative Support Personnel 2 $85.00 Total Estimated Cost $2,256.00 Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 24 Event Inspection & Report (in addition to annual inspections related to unplanned events) Labor Classification/ Analysis Quantity Hourly/ Unit Pricing Professional Geologist 4 $205.00 Project Manager / Project Geologist 2 $165.00 Project Scientist, Project Hygienist, or Technician, Level II 8 $117.00 Administrative Support Personnel 2 $85.00 Total Estimated Cost $2,256.00 Five Year Review & Report Labor Classification/ Analysis Quantity Hourly/ Unit Pricing Five Year O&M Inspection Report with Work Plan Total Estimated Cost $8,450.00* * Pricing accounts for potential inflation related to cost and materials. ACC will work with the City to develop exact pricing closer to the Five Year review. 5. Cost Per Meeting Labor Classification/ Analysis Quantity Hourly/ Unit Pricing Professional Geologist 2 $205.00 Project Manager / Project Geologist 2 $165.00 Total Estimated Cost $740.00 Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 25 Cost of labor services shall be as follows: Labor Classification Board Certified Industrial Hygienist Professional Geologist Senior Project Manager/Technical Oversight Project Manager / Project Geologist Project Coordinator Staff Geologist / Engineer Project Scientist, Project Hygienist, or Technician, Level II (Overtime and/or Nights as defined below) (Double-time and/or Weekends as defined below) Trainer CAD Draftsperson Administrative Support Personnel Hourly $ 275.00 $ 205.00 $ 188.00 $ 165.00 $ 105.00 $ 140.00 $ 117.00 $ 146.00 $ 175.00 $ 188.00 $ 110.00 $ 85.00 Service Area 1 – Proposed Rate Schedule
These rates will apply between the hours of 6:00 AM and 8:00 PM Monday through Friday. Overtime (hours in excess of 8 and up to 12 in one working shift) and/or night hours (weekdays, Monday through Thursday 6:00 PM to 6:00 AM) shall be charged at 125% of the base rates above or as indicated under Technician II classification. Double- time (hours in excess of 12 in one working shift) and/or Weekend hours (between 6:00 PM Friday and 6:00 AM Monday) shall be charged at 150% of the base rates quoted above or as indicated under Technician I/II classifications. In the event that the client requests ACC to respond to an emergency situation (i.e. asbestos spill, etc.) and ACC staff are pre-assigned to an existing project, the emergency response may be billed at 125% to compensate for overtime rates or 150% to compensate for double-time rates. Minimum charge for Technicians shall be four (4) hours per day. All rates stated herein will remain in effect through January 31, 2023. Comparable rates, reflecting prevailing industry standards, will be annually re-negotiated if the contract period is extended past January 31, 2023. A 3% annual increase will apply.
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 26 Cost of labor services shall be as follows: Labor Classification Board Certified Industrial Hygienist Professional Geologist Senior Project Manager/Technical Oversight Project Manager / Project Geologist Project Coordinator Staff Geologist / Engineer Project Scientist, Project Hygienist, or Technician, Level II (Overtime and/or Nights as defined below) (Double-time and/or Weekends as defined below) Trainer CAD Draftsperson Administrative Support Personnel Hourly $ 275.00 $ 205.00 $ 188.00 $ 165.00 $ 105.00 $ 140.00 $ 117.00 $ 146.00 $ 175.00 $ 188.00 $ 110.00 $ 85.00 Service Area 2 – On-Call Industrial Hygienist The following unit pricing will be used to provide cost estimates for any as-needed Industrial Hygiene projects as described in Service Area 2.
These rates will apply between the hours of 6:00 AM and 8:00 PM Monday through Friday. Overtime (hours in excess of 8 and up to 12 in one working shift) and/or night hours (weekdays, Monday through Thursday 6:00 PM to 6:00 AM) shall be charged at 125% of the base rates above or as indicated under Technician II classification. Double- time (hours in excess of 12 in one working shift) and/or Weekend hours (between 6:00 PM Friday and 6:00 AM Monday) shall be charged at 150% of the base rates quoted above or as indicated under Technician I/II classifications. In the event that the client requests ACC to respond to an emergency situation (i.e. asbestos spill, etc.) and ACC staff are pre-assigned to an existing project, the emergency response may be billed at 125% to compensate for overtime rates or 150% to compensate for double-time rates. Minimum charge for Technicians shall be four (4) hours per day. All rates stated herein will remain in effect through January 31, 2023. Comparable rates, reflecting prevailing industry standards, will be annually re-negotiated if the contract period is extended past January 31, 2023. A 3% annual increase will apply. 9. Method of Payment ACC understands that the method of payment for Service Area 1 will be time and material with a not to exceed amount. The On-call services (Service Area 2) will also be time and material with a task order based not to exceed amount.
10.References
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 27
10. References PROJECT REFERENCE: Reference name, with current contact information David Ofwono (209) 534-6371 Type of project/work As-needed Industrial Hygiene & Safety Client type (clarifying role of private sector client, if any) City of Hollister (Municipality) Size and scale of the project § Develop Excavation and Trenching Program for City Public Works § Perform Exposure Assessment of Public Works Line Striping Operation § Perform Equipment Noise Surveys with Worker Noise Exposure Assessments § Develop Protocol for Evaluating Explosives and Unexploded Ordnance (UXO) § Perform Exposure Assessments for Worker Exposure to Respirable Crystalline Silica Develop Aerially-Transmitted Disease Program (ATDP) § Perform Compliance Audit of City Wastewater Treatment Plant (WWTP) § Develop Homeless Encampment Cleanup Program Protocol for City Workers Current status Completed, no current active projects. PROJECT REFERENCE: Reference name, with current contact information Fred Ganjian, (626) 300-2354 [email protected] Type of project/work Monthly Cap Inspection Client type (clarifying role of private sector client, if any) Los Angeles County Department of Public Works Size and scale of the project § Monthly Inspection of Surface Cap at former landfill § Walking Grid of Surface Cap and noting areas of concern § Collection of methane and other landfill gas (LFG) readings § Taking Photos and Completing Field Forms § Monthly Summary Report signed by Professional Geologist Current status Ongoing since April 2020 PROJECT REFERENCE: Reference name, with current contact information Michael Bishop (510)920-6260 [email protected] Type of project/work As-needed Industrial Hygiene Consulting Client type (clarifying role of private sector client, if any) County of Alameda Environmental Project Manager Size and scale of the project Approximately three project monthly on an as needed basis. Projects range in size from $1,000 to $10,000 Current status Ongoing Since 2012
11.Consultant Contract Statement
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists 28
11. Consultant Contract Statement ACC accepts the terms of the City’s Consultant Agreement sample (Exhibit 1).