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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 Ninyo & Moore, a California Corporation, (“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.
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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 Brandon Wilken 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 .
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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.
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(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.
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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.
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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.
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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
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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.
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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.
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(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: Brandon Wilken, Principal Geologist
2020 Challenger Drive, Suite 103
Alameda, CA 94501
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.
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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
Ninyo & Moore
By ___________________________________
Brandon Wilken, Principal Geologist
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
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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
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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 & Statement of Qualifications to Provide
Rumrill Sports Complex Annual Cap
Inspections & On-Call Industrial
Hygienists
City of San Pablo
City Clerk’s Office
Att: Public Works Department/Amanda Booth
1000 Gateway Avenue
San Pablo, California 94806
May 9, 2022
Proposal No. P09OAK03-01307
Table of Contents
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 A
Table of Contents
Letter of Interest/Cover Letter / B1
Organization Chart/Personnel / 12
Qualifications / 23
Staff Statement of Qualifications / 94
Project Management and Staff Availability / 155
Project Approach / 166
Schedule of Work / 207
Cost Proposal / 218
Method of Payment / Intentionally left blank9
References / 2310
Consultant Contract Statement / 2411
1 Letter of Interest
2020 Challenger Drive, Suite 103 | Alameda, California 94501 | p. 510.343.3000 | www.ninyoandmoore.com May 9, 2022
Proposal No. 09OAK03-01307
Ms. Amanda Booth
City of San Pablo
City Clerk’s Office, Public Works Department
1000 Gateway Avenue
San Pablo, California 94806
Subject: Request for Proposal and Statement of Qualifications (RFP/SOQ) Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienists Dear Ms. Booth:
Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore) is pleased to submit this Proposal and Statement of Qualifications to the City of San Pablo (City) for Annual Cap Inspections & On-Call Industrial Hygienists services in response to the subject RFP/SOQ. Ninyo & Moore specializes in cap inspection and on-call environmental services as part of the wide-range of consulting services that we provide to our clients throughout California.
Ninyo & Moore has worked with the City to determine the source of contamination and supported the next steps for the Rumrill Sports Complex. From our work with the City to work at the Port of Oakland, City of Richmond, City of Vallejo, and various other bay-area entities, the Ninyo & Moore team understands the unique challenges of working with public agencies where cost and community impact are critical to project success.
Ninyo & Moore understands the nature of the work required and the importance of offering a comprehensive range of services, in a responsive manner, using project-proven methods. This improves our response time on any assigned task and mobilization of the qualified individuals to execute the Technical Service Order. We have designed our team with maximum flexibility for demanding project requirements including the assignment and implementation of concurrent, time-critical tasks.
Ninyo & Moore will lead this contract from our Alameda office under the direction of Principal Geologist and Contract Manager, Mr. Brandon Wilken, PG, QSP/D, with the support of Technical Advisor, Mr. Kris Larson, PG, QSP/D, and Task Managers, Ms.
Aubrey Cool, PG, and Mr. William Larkin, CAC, LRC PM & I/A. All of these individuals are authorized to speak and/or to execute any contract documents on behalf of Ninyo & Moore in regard to this proposal and contract. Mr. Wilken will act as the primary contact and his information is provided below.
Ninyo & Moore has throughly reviewed the subject RFP/SOQ and the addendum issued on April 19, 2022 to prepare the following package. We appreciate the City’s consideration of our firm for this exciting contract, and hope to have an opportunity to discuss our qualifications and capabilities further.
Sincerely,
NINYO & MOORE
Brandon Wilken, PG, QSP/D Kris Larson, PG, QSP/D
Principal Geologist | Contract Manager Principal Geologist | Technical Advisor 510.343.3000 ext. 15206 510.343.3000 ext. 15212
[email protected] [email protected]
KML/DWB/BSW/kej
Distribution: (3) Copies and (1) Electronic Submission
B
2 Organization Chart/
Personnel
2 | Organization Chart/Personnel
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 1 2 | Organization Chart/Personnel
Task Manager -
Hazardous Materials
William Larkin, CAC, LRC I/A & PM
Subcontractors
Civil Surveyor
Environmental Analytical Laboratory
Environmental Driller
Hazardous Waste Transportation & Disposal
Historical Database Researcher
Traffic Control
Utility Locator
Task Manager - Surface Cap |
Assessments & Remediation
Aubrey Cool, PG
Support Team
Brian Busch
Brian Ford, CSST, LRC I/A
Bryan Burkey Fong, LRC I/A
Connor Escobar
David Pacheco, LRC ST
Duane Blamer, PG
Edilberto Quintero, LRC ST
Jorge Contreras
Kristina Borg
Luke Swickard
Nathan Diem, GIT
Nicholas Marinello, CAC, LRC PM, I/A & ST
Nicolas Carpenter, CAC, LRC PM & I/A
Timothy Barahona
Treysa Jackson
Principal Geologist |
Contract Manager
Brandon Wilken, PG, QSP/D
Health & Safety Director |
Certified Industrial Hygienist
Steve Waide, CIH, CSP, CIEC, CMC
Technical Advisor
Kris Larson, PG, QSP/D
Team Organization
Ninyo & Moore will lead this contract from our Alameda, California office, under the direction of Principal Geologist, Brandon Wilken, PG, QSP/D. Mr. Wilken will act as the primary contact for the City for the duration of this contract, and will oversee and direct the assignment of specific task orders based on the scope of work and experience and credentials of our support team.
For this combined site-specific and on-call services contract, we have carefully assembled a qualified and experienced team of professionals to support Mr. Wilken with day-to-day activities. The assigned staff are credentialed and licensed in their specific disciplines and are fully committed to providing the necessary resources for successful project completion. They bring a combination of strong technical and contract management skills and were selected with specific attention to the anticipated scope of work for the City.
Surface Cap Inspections and task orders for environmental assessments and remediation services will be led by Ms. Aubrey Cool, PG, and hazardous materials task orders will be led by Mr. William Larkin, CAC, LRC I/A & PM. Both of these professionals have a track record of successfully managing public-works projects as evidenced by repeat contract awards.
The organization chart below outlines the team roles and flow of communication, and detailed resumes for each key personnel are provided in Section 4 beginning on page 9.
- Key personnel; resumes included in Section 4.
3 Qualifications
3 | Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 2 3 | Qualifications
Ninyo & Moore has provided environmental services for public agencies in Northern California since 1986. Our qualifications demonstrate our expertise and experience providing the requested scope of services by our team of registered/certified geologists, environmental scientists, asbestos and lead consultants, and engineers.
Ninyo & Moore offers the following benefits:
9 Experienced, Registered/Certified Professional Team
9 Local, Responsive Team
9 Extensive Public Works Experience
9 Successful On-Call Project Approach
9 Continuity of Services for the Rumrill Sports Complex Select examples of Ninyo & Moore’s similar experience are provided below and in the following pages.
City of San Pablo Rumrill Park
Ninyo & Moore was retained by the City of San Pablo to investigate, remediate and oversee the redevelopment of a former BNSF property located in San Pablo, California. The approximate 5-acre site was historically used for railroad and automotive maintenance, and included an aboveground oil storage tank farm, pallet manufacturing and illegal dumping.
Project planning and management included several work components. These included preparation and implementation of a Sampling and Analysis Plan (SAP), Removal Action Work Plan (RAW) and Storm Water Pollution Prevention Plan and preparation of a Remedial Action Completion Report (RACR), Soil Management Plan (SMP), and Operation and Maintenance Plan (OMP). Ninyo & Moore was initially retained by the City to develop and implement the SAP to supplement the previous investigation of the site. Investigation activities conducted by Ninyo & Moore included soil and groundwater sampling and analysis, and a geophysical survey to evaluate potential subsurface features based on previously discovered buried drums. The results of the SAP identified shallow soil impacted with heavy range petroleum hydrocarbons, polychlorinated biphenyls (PCBs), organochlorine pesticides (OCPs), and metals (primarily arsenic, cadmium and lead).
Given the Site’s impacted soil conditions, the City entered into a Voluntary Cleanup Agreement (VCA) with the California Department of Toxic Substances Control (DTSC) to remediate the site and redevelop it into a recreational sports field complex.
Ninyo & Moore prepared and implemented the RAW, which additionally required the preparation of a risk assessment and public participation activities. The RAW’s recommended remedial alternative was excavation and offsite disposal in order to restore the site to unrestricted, residential land use. However, due to financial concerns, Ninyo & Moore successfully negotiated with the DTSC a revised the remedial alternative to consist of surface capping/institutional controls. This revision still allowed the City to redevelop the site into its planned recreational sports field complex. Because contaminated soils were left on site beneath the surface cap, Ninyo & Moore also prepared a SMP and OMP to assist future contractors and City workers in managing the subsurface contamination during future construction and maintenance activities.
Ninyo & Moore also managed the SWPPP and air monitoring activities. SWPPP implementation included conducting weekly storm water and non-storm water inspections in order to ensure that all best management practices (BMP) were conducted properly by the contractor. We also prepared Rain Event Action Plans (REAPs) and conducted storm water sampling during periods of heavy rain (e.g. greater than ½ inch), and prepared Annual Storm Water Monitoring reports. Air monitoring activities were performed during the removal action activities as specified in the “Dust Monitoring and Control Plan” included in the RAW. The objective of these activities was to assess whether the dust control measures implemented by the contractor adequately suppressed the dust generated during the remedial excavation activities so that the established action levels were not exceeded. These activities included:
• Performing air monitoring whenever the field operations included handling the impacted soil. Therefore, this monitoring was Relevance
9 Monitoring, sampling, and
removal of hazardous
materials
9 Successfully met state and
federal project requirements
9 Worked collaboratively with
an interdisciplinary team of
consultants
3 3 | Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 performed during the implementation of the remedial excavations, and during the trenching and post-hole drilling required for the construction of the surface cap.
• Daily setup and takedown of the meteorological monitoring station and four dust monitoring stations. • Recording real-time airborne dust concentrations every half-hour (or as reasonably practicable given the field operations) from the four perimeter dust monitoring stations and the work zone monitoring station, and wind direction and speed from the meteorological monitoring station.
Port of Oakland Plot 12 Vapor Barrier and Concrete Cap Compliance Services Ninyo & Moore was selected to complete a Five-Year Review (FYR) on behalf of the Port of Oakland (Port), at the Lot 12 Development Site located in Jack London Square, Oakland, California (site). This project was conducted through our on-call Environmental Compliance contract with the Port. As required by the DTSC and Port Operation and Maintenance O&M Agreement; a FYR was prepared in alignment with the United States Environmental Protection Agency’s (US EPA’s) Comprehensive Five-Year Review Guidance. The purpose of a FYR was to evaluate the performance of a vapor intrusion mitigation system (VIMS) installed in 1995, which included the installation of a vapor barrier underlying a concrete cap to prevent vapor intrusion from residual volatile organic compounds (VOCs) into the cinema complex building. The vapor barrier was composed of a cold spray-applied seamless membrane (Liquid Boot®). A layer of sand measuring 6 to 8-inches was applied over the Liquid Boot ® to prevent punctures followed by a 12-inch concrete cap/foundation over the vapor barrier in order to help ensure if the remedy continues to be protective of human health and the environment.
The site was historically used as a coal gasification plant and included the use, generation, storage and disposal of wastes and hazardous materials. Some of the wastes associated with the plant included hydrocarbon liquids, tar, and sludges which contained polycyclic aromatic hydrocarbons (PAHs) and VOCs. In 1963, the property was acquired by the Port and used as a service yard and subsequently a paved parking lot, until it was redeveloped into the cinema complex in 1995.
In October 2021 Ninyo and Moore conducted a visual inspection of the site. The majority of the cap was covered by the cinema structure. Ninyo & Moore inspected the exterior walls of the cinema complex, concrete sidewalks, tile stairs at the entrance of the cinema, emergency exit hallways, fire suppression utility room, electrical room, and trash enclosure. No significant cracks along concrete sidewalks, uneven surfaces, or gaps between vertical utility conduits were observed signaling a possible deferential settlement that could potentially impact the vapor barrier below. Inspections inside the building were limited to locations where the concrete foundation is exposed including emergency exit hallways, fire suppression utility room, electrical room and trash enclosure. The visual inspection revealed that the concrete has continued to deteriorate since the previous Five-Year Review, but Relevance
9 Monitoring, sampling, and
removal of hazardous
materials
9 Successfully met state and
federal project requirements
9 Worked collaboratively with
an interdisciplinary team of
consultants
9 On-call contract
4 3 | Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 Port of Oakland On-Call Environmental Services
Ninyo & Moore was selected for two contracts (2006-2012 and 2017-2022) over an 11-year period for both on-call environmental compliance services with the Port and oversight of Risk Management Plan (RMP) Services for the former Oakland Army Base. Our initial on- call contract began in 2006 and encompassed a range of environmental services including Phase I and Phase II ESAs, confirmation soil sampling, groundwater monitoring, soil and groundwater remediation and industrial stormwater monitoring. The stormwater monitoring was conducted at the Oakland International Airport Subgroup (ASG) and the Port Maritime Area Subgroup (MSG). Stormwater monitoring and reporting were conducted in accordance with the California State Water Resources Control Board (SWRCB) General Industrial Discharge Permit, No. CAS0001, issued in 1997 (97 General Permit).
Our initial industrial stormwater sampling events were conducted during the 2005-2006 Stormwater Monitoring season. Five MSG, seven ASG and four pump station locations were sampled during two monitoring events conducted in January and February 2006, and an additional sampling event for a single site in March 2006. The facilities included, American President Lines (APL), Burlington Northern Santa Fe (BNSF), Maritime Terminals Corp Hanjin (MTCH), Port of Oakland Harbor Facilities Complex (POHF) and Vortex Maritime Construction, Ameriflight, Chevron Hanger, FedEx, JetBlue Airways, Southwest Airlines (SWA), Swissport Fueling, and UPS and pump houses 1, 2, 4 and 6. Vehicle, airplane, and equipment maintenance locations included potential facilities that use or store hazardous materials relating to vehicle and equipment maintenance. APL, BNSF, MTCH, and POHF conducted vehicle maintenance and all except BNSF also performed vehicle fueling. Vortex performed equipment maintenance as part of their tailing and tugboat services. Ameriflight, Fed Ex, JetBlue, SWA, and UPS perform airplane and vehicle maintenance.
The MSG and ASG stormwater samples were analyzed for pH, total suspended solids (TSS), specific conductivity (SC), and Oil and Grease O&G). Additional analyses were conducted depending on the constituents of concern at each sampling location and included total petroleum hydrocarbon as gasoline (TPHg), diesel (TPHd), motor oil (TPHmo), and jet fuel (TPHjf), semi-volatile organic compounds, VOCs select metals, including aluminum, cadmium, copper, chromium, lead, nickel, and zinc, soup residue, biochemical and chemical oxygen demand (BOD and COD), ammonia and ethylene glycol.
Ninyo & Moore resumed stormwater compliance services for the Port in 2021 as part of our 2017 Environmental Compliance contract. Our services include stormwater sampling at the Oakland International Airport during the 2021-2022 stormwater reporting period from four pumphouses and one discharge location. Tasks included performing inspections of discharge areas during the sampling events, sampling and analyzing stormwater samples for pH, nitrite + nitrate as N, TSS, copper and zinc, TPHd (with and without silica gel cleanup), TPHg, TPH as jet fuel JP5, and O&G, and preparing the 2021-2022 Annual report for Stormwater Discharge Associated with Industrial Activities. We’re also are assisting the Port with updating the current Oakland International Airport (Port Facilities and Select Tenants) Stormwater Pollution Prevention Plan (SWPPP) to include additional best management practices that will help mitigate leaks and spills from aircrafts parked on site.
Relevance
9 Monitoring, sampling, and
removal of hazardous
materials
9 Successfully met state and
federal project requirements
9 Worked collaboratively with
an interdisciplinary team of
consultants
9 On-call contract
was not significant enough to compromise the 12-inch foundation or the vapor barrier below it.
Following the site inspection, Ninyo and Moore prepared a FYR on behalf of the Port containing: an introduction to the FYR, site historic background, remedies selected for remediation, current status of site, site progress since last five-year review, FYR process and components, technical assessment for the selected remedy, potential issues encountered, recommendations and follow-up actions, and a protectiveness statements.
5 3 | Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 City of Richmond On-Call Environmental Consulting Services Ninyo & Moore has conducted approximately 20 projects for the City of Richmond since 2013. These projects have included services for environmental assessment and remediation work; and hazardous building materials surveys (HBMS), preparation of related abatement specifications, oversight and monitoring (including clearance sampling and closeout reporting); and mold assessments. Buildings/facilities included a variety of facilities such as a senior center, firehouses, the Civic Auditorium, Shields-Reid Community Center, Anderson Community Center, Point Molate facilities, Wendell Park, and others. HBMS typically included sampling for suspect asbestos-containing material (ACM) and lead-containing material (LCM); however, several projects also included assessment of suspect universal wastes that include materials such as mercury, PCBs, and chlorofluorocarbons.
The most significant project undertaken to-date is a Limited Soil Investigation conducted for Boorman Park located on 25th Street in Richmond, California (site). The project consists of on-site soil classification for off-site disposal or on-site reuse during planned park renovations.
Ninyo and Moore evaluated the existing on-site material contained within numerous berms located across the existing Boorman Park. Sampling activities were distributed across approximately 3.1 acres.
Prior to mobilization into the field, Ninyo & Moore developed a Health and Safety Protocol (HASP), coordinated with a California- certified analytical laboratory for field sampling supplies and soil sample analysis, contacted underground service alert (USA) 72 hours in advance, and procured the services of a private utility locator to clear all borings of underground utilities. Throughout the project, Ninyo & Moore oversaw the compliance in accordance with the California DTSC Interim Guidance for Sampling Agricultural Properties (3rd Edition). Upon collection of the soil samples, the borings were backfilled with the removed soil cutting and the samples were placed in a cooler with ice and transported under chain-of-custody documentation to a California-certified analytical laboratory for laboratory analysis. Additional project management included client meetings and coordination and budget management.
Elevated soil sample concentrations of arsenic, lead and PAHs were detected throughout the site. Ninyo & Moore recommended a supplemental site investigation (SSI) in the areas where the established regulatory screening levels were exceeded. Further investigation will determine the lateral and vertical extent of given contaminants of concern.
In September 2020 Ninyo & Moore conducted a SSI to further characterize site soils. The SSI included the advancement of 26 soil borings in a grid lattice throughout the site. Borings were advance using a hand auger from the surface to 3 and 4 feet below ground surface (bgs). A total of 62 samples were collected from the borings and transported under chain-of-custody documentation to a California-certified analytical laboratory. Analytical results of the soil samples collected reported elevated concentrations of arsenic, lead and PAHs. Ninyo & Moore recommended that an Analysis of Brownfield Cleanup Alternatives (ABCA) be prepared to review options for site remediation. The ABCA presented several remedial options, and recommended a combination of soil removal and installation of an engineered cap as the site remedy. Ninyo & Moore also assisted the City with opening up a voluntary cleanup agreement with the DTSC to begin the remediation process, and assisted the City with procuring a Clean California Grant through Caltrans to help fund the remediation effort which will commence in the fall of 2022.
Relevance
9 Monitoring, sampling, and
removal of hazardous
materials
9 Successfully met state and
federal project requirements
9 Worked collaboratively with
an interdisciplinary team of
consultants
9 On-call contract
6 3 | Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 San Jose State University On-Call Environmental Service Contract Ninyo & Moore was retained to provide On-Call Hazardous Materials Investigation and Abatement Oversight services for San Jose State University (SJSU) located in San Jose, California. This was a multi-year contract related to various campus upgrades and renovations.
Projects included conducting hazardous building materials surveys and sampling, preparing abatement specifications, conducting abatement oversight and clearance/confirmation sampling, and preparing closeout reports and documentation. Ninyo & Moore also provided environmental assessments under the contract. Structures assessed included SJSU’s Sports Complex, Spartan Recreation and Aquatic Center (SRAC), numerous classrooms and other facility rooms within several campus buildings. Two examples of environmental assessment services provided under this contract include the following.
Ninyo & Moore was retained by SJSU to perform a Phase I Environmental Site Assessment (ESA) on the Aquatic Center and the Hoover Hall and Ruth Hall dormitory buildings located at 320, 325 and 355 S. 8th Street in San Jose, California. Historical research indicated the dormitory buildings were constructed in the late 1950s and early 1960s, and SJSU’s Aquatic Center was constructed in 1989/1990. The two dormitories, like other dormitories on campus, were often referred to as “The Bricks” by SJSU officials and students. These dormitories were demolished in November 2016 to make way for the new recreational and aquatic center. Results of the ESA revealed the presence of six aboveground storage tanks (ASTs), which were used to store water that was heated by a solar-panel system for the dormitories, as well as ASTs used at the Aquatic Center to store hypochlorite, brine, and diatomaceous earth, all of which were used to treat the water within the Aquatic Center’s 60-meter swimming pool. No Recognized Environmental Conditions (RECs) were identified related to the dormitories or Aquatic Center during the preparation of the ESA.
Ninyo & Moore was then retained to perform confirmation pH sampling of equipment scheduled for removal and disposal at the Aquatic Center building. The sampling included collecting confirmation wipe samples of various equipment at the Aquatic Center, such as tanks, pumps, piping, ventilation ducting, electrical equipment, doors, floor drains, etc., that were in direct contact or contaminated with pool chemicals. The equipment was to be decontaminated by SJSU’s contractor to an acceptable pH range (4-10) as identified by Santa Clara County Department of Environmental Health (SCCDEH). Ninyo & Moore’s scope of work included obtaining test data that would confirm the equipment was successfully decontaminated for subsequent disposal as a non-hazardous waste. We also collected one soil sample from beneath the decontaminated equipment by mixing soil and City of Vallejo On-Call Environmental Hazardous Material Services Ninyo & Moore was contracted by the City of Vallejo (City) to provide engineering hazardous materials services on an on-call basis. Ninyo & Moore has conducted three projects for the City of Vallejo from 2019 through the present-day. The projects completed to date have included performance of hazardous building materials surveys (HBMS), and preparation of HBM abatement specifications Buildings/facilities included a variety of structures such as a former church/homeless center and various municipal buildings.
Ninyo & Moore performed a HBMS for 2118 and 2134-2136 Sacramento Street in Vallejo.
The scope of work performed included sampling for suspect ACM and LCM and preparation of abatement specifications for asbestos and lead. Subsequent to the HBMS, Ninyo & Moore was retained to provide abatement oversight, which included clearance air sampling and preparation of required close-out documents. This project also dealt with a homeless enclave that was set afire during the course of the abatement process. The abatement was delayed, but the project was completed on time and Ninyo & Moore completed the project within budget.
Ninyo & Moore also provided abatement oversight for a project site located at 200 Georgia Street in Vallejo. The project included clearance air sampling on an as-needed basis.
Relevance
9 Monitoring, sampling, and
removal of hazardous
materials
9 Successfully met state and
federal project requirements
9 Worked collaboratively with
an interdisciplinary team of
consultants
9 On-call contract
Relevance
9 Monitoring, sampling, and
removal of hazardous
materials
9 Successfully met state and
federal project requirements
9 Worked collaboratively with
an interdisciplinary team of
consultants
9 On-call contract
7 3 | Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 Alameda County Public Works Agency As-Needed Environmental Consulting Services Ninyo & Moore was originally selected to provide environmental consulting services under an “as-needed” contract with the Alameda County Public Works Agency (ACPWA) between 2009 through 2014, and 2015 through 2019, and was recently selected again by the ACPWA to provide on-call environmental services through 2024. Services provided during the course of the contract include preparation of Transaction Screens, Phase I and Phase II ESAs, landfill investigations, California General Permit stormwater services, creek and flood zone sediment sampling, wetlands development, Remedial Action Plans, Regulatory Closure Reports, Hazardous Building Material Surveys, Hazardous Material Abatement Oversight, and geotechnical surveys.
The majority of the project work conducted for the ACPWA is flood zone channel sediment sampling. This work is conducted to analyze proposed dredged material for two purposes, including comparing the sediment sample analytical results to landfill waste acceptance criteria (California Assessment Code (CAC) Title 26 guidelines for non-hazardous, California- hazardous or RCRA waste disposal classification), and beneficial reuse criteria for levee and/or wetlands reuse. For landfill acceptance, sediment sample results are compared to the California Assessment Code Title (CACT) 26 Waste Characterization limits. For dredged material proposed for levee and/or wetland reuse, sample results were compared to San Francisco Bay Regional Water Quality Control Board (RWQCB) and Dredged Material Management Office (DMMO) reuse guidelines specified in RWQCB and DMMO Reuse of Dredged Materials documents, in a cooperation with other government agencies, including the U.S. Environmental Protection Agency (USEPA) and the U.S. Army Corps of Engineers (USACE).
An example of a flood zone and sediment sampling project includes one that was conducted for large wetland development project. The project was located within a flood zone channel in Fremont where the ACPWA proposed beneficial reuse of the dredged flood zone sediments as compensatory mitigation in the wetland restoration project at the Eden Landing Pond Complex (Eden Landing) as part of the South Bay Salt Pond Restoration Project (SBSPRP) Phase 1 actions. Ninyo & Moore collected several discrete and composite sediment samples and compared the results to the May 2000 RWQCB Beneficial Reuse of Dredged Materials:
Sediment Screening and Testing Guidelines, and the September 2001 DMMO document: Guidelines for Implementing the Inland Testing Manual in the San Francisco Bay Region. Ninyo & Moore prepared a SAP which was reviewed and approved by the RWQCB prior to sampling. Samples were analyzed for chemical and biological (when applicable) parameters and the sediment was ultimately reused for levee construction and installation within a borrow ditch in the wetlands area.
Ninyo & Moore has also conducted a large-scale Phase II ESA for the Mowry Landfill in Newark, California, and assisted the ACPWA with stormwater services. The Mowry Landfill Phase II ESA was conducted on a portion of the Mowry Avenue Waste Disposal Site (WDS). The aerial extent of the WDS deionized water in a glass jar and submitting the slurry to the analytical laboratory for pH analysis. Analytical results of the sample analyses indicated that the equipment and underlying soil were within the acceptable pH range for handling and disposal as a non-hazardous waste.
Renovations and upgrades are expected to continue over the next several years as part of SJSU’s Capital Improvement Program.
Our project manager provides overall management of the project including schedule, budget, client communications, and document preparation and participates in abatement oversight and interacts with the SJSU’s site contractors and owner’s representatives to maintain schedule and project objectives.
Relevance
9 Monitoring, sampling, and
removal of hazardous
materials
9 Successfully met state and
federal project requirements
9 Worked collaboratively with
an interdisciplinary team of
consultants
9 On-call contract
8 3 | Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 is subdivided into several properties with multiple ownership. Ninyo & Moore prepared a Master Work Plan to conduct a Phase II ESA to evaluate wastes on multiple properties. The Master Work Plan was submitted to and accepted with conditions by the Alameda County Department of Environmental Health acting as the Solid Waste Local Enforcement Agency (LEA). The primary objective of this Phase II ESA was to delineate the lateral and vertical extent of wastes at the ACPWA property portion of the WDS and to characterize these wastes, evaluate the waste cover, implement a portion of the proposed area-wide landfill gas monitoring program as indicated in the Master Work Plan, and to obtain the necessary information to develop an appropriate remedial action plan for the ACPWA portion of the landfill that will bring the ACPWA property into compliance with state minimum standards. Ninyo & Moore has also provided support to the ACPWA in responding to inspection reports for the WDS prepared by the LEA.
Stormwater services provided to the ACPWA have included reviewing and overseeing the implementation of Stormwater Pollution Protection Plans (SWPPP) and Erosion Control Plans (ECPs) prepared by contractors, applying for the California General Permit (CGP) Notice of Intent (NOI) and uploading information in the State’s Storm Water Multiple Application and Report Tracking System (SMARTS) which have included erosivity waivers.
4 Staff Statement of
Qualifications
4 | Staff Statement of Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 9 4 | Staff Statement of Qualifications
The strength of the Ninyo & Moore team lies in the quality, diversity, responsiveness, and technical experience of the key personnel and staff, and in the personal involvement of the principals and task managers. We maintain our exceptional reputation in the industry by providing high-quality technical expertise while meeting difficult work schedules and budgetary goals. This is made possible through our methodical project management approach and our ability to effectively utilize company resources for projects.
All work under this contract will be performed by or conducted under the direction and supervision of California-certified or licensed professionals with the experience and capability to oversee such work. The existing and anticipated workload of the team is such that we are able to commit the necessary time and resources for the duration of this contract. The resumes in the following pages outline the experience providing services similar to those requested, and their credentials. ...I have found Ninyo and Moore’s
participation in these projects to be
invaluable. ...Ninyo & Moore has consistently
performed in a reliable, responsive, budget-
conscious, and proactive manner to the
City’s and the projects’ needs. They have the
technical expertise to investigate and resolve
a multitude of varying and challenging
environmental issues. ...they demonstrate
a good working relationship with regulatory
agencies ...
- Jack Dybas, LEED AP, Project Manager II
City of Alameda
“
“
10 4 | Staff Statement of Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022
EDUCATION
B.S., Geology, 1996, University of
Nebraska-Lincoln
REGISTRATIONS/CERTIFICATIONS
PG 7564 (California)
Qualified SWPPP Practitioner/Developer,
QSP/D No. 28075 (California)
OSHA 40-Hour Health & Safety Training
with Annual Updates
PROFESSIONAL AFFILIATIONS
California Groundwater Resource
Association (GRA)
Geologic Society of America (GSA) –
Hydrogeology Division
Brandon S. Wilken, PG, QSP/D
Principal Geologist | Contract Manager
As a Principal Geologist for Ninyo & Moore, Mr. Wilken has extensive experience in the environmental industry and started his career working in the field all over North America for a hard rock mineral exploration company. His experience in field geophysics led him to the contaminant assessment and remediation industry, providing professional geologic services including environmental hydrogeology, site investigation, remedial planning and implementation, health risk screening, due diligence, regulatory negotiations, and litigation support. Mr. Wilken has lead investigation and remediation projects driving risk-based solutions to successfully close environmental projects and reduce client’s costs. He works closely with regulators, stakeholders, and clients to negotiate effective solutions utilizing sound science, strong technical expertise, and clear communication skills. Mr. Wilken has completed projects for a wide range of clients, including major oil companies, municipalities, manufacturing groups, and individual small business owners.
EXPERIENCE
Port of Oakland On-Call Environmental Compliance Services and Asbestos and Lead Paint Service Contract, Oakland, California: Assist the Project Manager for the current Port of Oakland Environmental Compliance and On-Call Asbestos and Lead Paint Services Contracts. His responsibilities include client correspondence, project staffing, budget control and project oversight. Projects associated with the contract include Phase I and II ESA, landfill gas well installation and monitoring, storm water, soil, soil gas and groundwater monitoring, preparation and implementation of Remedial Action Plan (RAP), performing hazardous building materials sampling, analysis, reporting, quantification, abatement specification development, perimeter and clearance air sampling and close-out reporting.
Port of Oakland Lot 12 Development, Fifth Five-Year Review Report, Oakland, California: Project Manager for the performance of document review, interviews, and cap inspection efforts to complete the fifth Five-Year Review Report. He oversaw the drafting of the report, completed the final professional review, and signed and stamped the report. The Five-Year Review report was recently submitted to document the last five years of inspections and oversight, and to determine that the remedies in place are still protective of human health and the environment. The Five-Year Review report is currently under review by Department of Toxic Substances Control (DTSC).
Oakland Unified School District, Cole Administration Center, PEA, Oakland, California: Principal-in-Charge for the Preliminary Endangerment Assessment (PEA) for the OUSD Cole Administration Center. The approximate 2.59-acre site was historically occupied by residential properties and school buildings. Services performed were soil, groundwater and soil gas sampling to evaluate potential subsurface impacts from previous site uses. The PEA was recently approved by and the draft RAW is currently under review by the DTSC.
11 4 | Staff Statement of Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022
EDUCATION
B.S., Geology, 1996, San Francisco
State University
REGISTRATIONS/CERTIFICATIONS
PG 8059 (California)
Qualified SWPPP Practitioner/Developer,
QSP/D No. 20715 (California)
OSHA 40-Hour Health & Safety Training
with Annual Updates
Kris Larson, PG, QSP/D
Technical Advisor
As a Principal Geologist for Ninyo & Moore, Mr. Larson’s areas of expertise include Brownfields investigations and remediation, transactional environmental due diligence, subsurface site characterization, storm water management, site remediation and construction/demolition planning and supervision. Prior to joining Ninyo & Moore, Mr.
Larson worked as an environmental specialist at the San Francisco Bay RWQCB. He has worked closely with all local, state and federal environmental agencies, including the DTSC, EPA, RWQCB, Army Corps of Engineers, and numerous local oversight programs.
EXPERIENCE
City of San Pablo, Soil and Groundwater Investigation and Remediation Environmental Services, Rumrill Blvd., San Pablo, California: Principal-In- Charge and Project Manager for this former railroad property project with a planned use as a City park. The City of San Pablo was awarded Brownfields investigation and cleanup funds for the project; a proposed City park. As the PM, Mr. Larson oversaw additional investigation activities in shallow soils to help evaluate the lateral shallow soil impacts form the former use of the property as a rail road maintenance facility. As Principal-In-Charge, he worked with the remediation PM, the City and DTSC during site remediation, and helped the City enter into a VCA with DTSC for remediation activities. Mr. Larson assisted with oversight of the initial remediation activities, which included excavation, transport and removal of all constituents above the site established cleanup goals, and removal of subsurface features including buried drums and an underground storage tank. Ultimately, due to the extensive vertical impacts to site soils, a different remedial alternative (Engineered Cap) was recommended in order to save budget and obtain site closure. Mr. Larson oversaw implementation of the amended original RAW, which was quickly approved by the City and DTSC. Case closure was approved by the DTSC in 2016.
Port of Oakland On-Call Environmental Compliance Services and Asbestos and Lead Paint Services Contract, Oakland, California: Project Manager for this on- call contract. Responsibilities have included client correspondence, project staffing, budget control and project oversight. Projects associated with the contract included Phase I and Phase II Environmental Site Assessments, landfill gas well installation and monitoring, storm water, soil, soil gas and groundwater monitoring, preparation and implementation of Remedial Action Plans, performing hazardous building materials sampling, analysis, reporting, quantification, abatement specification development, perimeter and clearance air sampling and close-out reporting.
Alameda County Public Works Agency On-Call Environmental Services Contract, Alameda County, California: Principal-In-Charge for the ACPWA On-Call Environmental Services contract. The contract extends for four years, and includes a wide range of Environmental and Geotechnical Services, including preparation of Phase I and Phase II ESAs, RAP, oversight of remediation activities, HBMS, and oversight of hazardous material abatement activities. Mr. Larson’s project responsibilities include meetings with ACPWA Project Managers, assigning staff to ACPWA projects, oversight of project activities, and budget and report review. 12 4 | Staff Statement of Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022
EDUCATION
B.S., Earth Sciences, 1996,
University of California, Santa Cruz
REGISTRATIONS/CERTIFICATIONS
PG 7659 (California)
OSHA 40-Hour Health & Safety Training
with Annual Updates
Aubrey K. Cool, PG
Task Manager - Surface Cap | Assessments & Remediation
Ms. Cool has a wealth of experience in the environmental industry, specializing in Leaking Underground Fuel Tank (LUFT) case project management, groundwater monitoring program management and soil, groundwater and soil vapor investigations.
As the project manager for a Bay Area airport site, she recently oversaw a landfill gas and groundwater monitoring well installation investigation, coordinates the monthly landfill well monitoring and quarterly landfill gas and groundwater monitoring well sampling, and prepares the installation and quarterly monitoring and sampling reports.
Ms. Cool possesses an expert knowledge of California’s Low-Threat Underground Storage Tank Case Closure Policy and has provided her clients with the professional expertise to develop technical strategies to achieve timely and cost-effective case closures. Prior to her tenure at Ninyo & Moore, Ms. Cool oversaw up to 115 LUFT and Spills, Leaks, Investigation and Cleanup (SLIC) cases in the San Francisco Bay Area for a major oil client. Her project management work included a case with the San Francisco Bay RWQCB at a jet fuel terminal in South San Francisco.
EXPERIENCE
Santa Cruz County Regional Transportation Commission, On-Call Contract, Soil Investigation and Mitigation, Santa Cruz Branch Rail Line Trail, California:
Project Manager for rail to trail project with arsenic-impacted soil. Reviewed historical documents, conducted soil investigation, regulatory liaison, and prepared Soil Assessment Report and Site Mitigation Plan, which proposed construction of a multi-use trail, providing an engineered cap to mitigate risk to future receptors. Also prepared human health risk assessment (HHRA) and Soil Management Plan, and worked with stakeholders for other trail segments to ensure consistent approach and work products and share lessons learned.
Association of Bay Area Governments (ABAG) Phase I and Phase II ESAs, Boorman Park, Richmond, California: Project Manager for Brownfields Community-wide Assessment Grant with 13 projects in Contra Costa County. One of these projects is Boorman Park, where the City planned upgrades but initial sampling revealed soil contamination. Under this grant, completed a Phase I ESA, completed a Supplemental Phase II ESA, and prepared an Analysis of Brownfields Cleanup Alternatives, which recommended capping the ground surface with clean soil and hardscape and implementing institutional controls to mitigate exposure risk to contaminated site soil. In addition to overseeing the technical work listed above, Ms. Cool administers the grant for ABAG by tracking the allotted budgets and corresponding spending; tracking the project schedules to ensure work is completed and grant is expended by the sunset date; preparing EPA-required quarterly reports; updating the EPA ACRES database; and facilitating regular meetings with the Grant Coalition Members, ABAG, and the EPA.
ABAG, Phase I and Phase II ESAs, International Boulevard, Oakland, California:
Project Manager for Brownfields Community-wide Assessment Grant with 14 projects in Alameda County. One of these projects is The Unity Council property on International Boulevard in Oakland, which is planned for redevelopment into a multi- story mixed-use affordable housing complex. Under this grant, completed Phase I and Phase II ESAs. Ms. Cool administered the grant for ABAG and completed grant closeout requirements.
13 4 | Staff Statement of Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022
EDUCATION
M.P.A., Golden Gate University, 1994,
San Francisco, California
B.A., Political Science and European
History, 1984, University of California,
Davis
REGISTRATIONS/CERTIFICATIONS
CA/DOSH Certified Asbestos Consultant,
No. 99-2688
CDPH Lead-Related Construction
Inspector/Assessor, No. 1285
CDPH Lead-Related Construction Project
Monitor, No. 1284
Sampling and Evaluating Airborne
Asbestos Dust Certification, NIOSH 582
OSHA 40-Hour Health & Safety Training
with Annual Updates
William P. Larkin, CAC, LRC I/A & PM
Task Manager - Hazardous Materials
As a Principal Environmental Scientist for Ninyo & Moore, Mr. Larkin has extensive experience in all aspects of asbestos and lead-based paint surveys and construction management programs, as well as environmental planning programs including transportation and city planning projects. He has participated in multi-family asbestos and lead-based paint surveys in both occupied and unoccupied buildings, aided in asbestos project design and provided project management and construction monitoring in educational, commercial, industrial, residential, and laboratory facilities.
Mr. Larkin has conducted numerous environmental due diligence assessments and compliance reviews of retail, industrial, and commercial properties, as well as numerous biological/mold assessments for private and public clients. He has performed hundreds of HBMS throughout the San Francisco Bay Area and Northern California.
EXPERIENCE
City of Vallejo On-Call Environmental Hazardous Material Services, Vallejo, California: Project Manager for this on-call engineering hazardous materials services contract. To date, services have included the performance of HBMS, preparation of HBM abatement specifications, and HBM abatement oversight and monitoring (including clearance sampling and closeout reporting) for a variety of City-owned structures such as a former church/homeless center and various municipal buildings.
City of Pittsburg, Limited Asbestos and Lead Paint Sampling Report, Water Treatment Plant, 300 Olympia Drive, Pittsburg, California: Project Manager for a limited ACM and lead-based paint (LBP) sampling project for the City of Pittsburg’s Water Treatment Plant. His responsibilities included sampling and analysis of building materials, and preparation of a ACM and LBP sampling report.
Alameda County Public Works Agency On-Call Environmental Services Contract, Alameda County, California: Project Manager for various projects conducted under this on-call contract since its initiation in 2010, the majority of which have included inspection and testing of subsurface piping which was exposed during excavation activities that appeared to contain transite material. Other HBMS projects have included: preparing HBMS and lead-containing material investigations at several ACPWA sites, including the Alvarado, Ettie Street and Lake Merritt Pump Stations, where asbestos and lead samples were collected from building materials and equipment; preparing HBMS reports with our findings, conclusions and recommendations; and preparing bid specs for hazardous material abatement activities.
Housing Authority of the City of Alameda, North Housing HBMS, Alameda, California: Principal Environmental Scientist/Project Manager for HBMS at 17 buildings located on Mayport Circle, Kollman Circle and Mosley Avenue in the North Housing Area of Alameda, California scheduled for heavy renovation and/ or demolition. The HBMS included collection and analysis of hundreds of suspect asbestos- containing and suspect lead-containing materials, and quantifications of manufactured miscellaneous HBM (i.e. fluorescent light tunes, associated lighting ballasts, etc.). Bulk samples of suspect PCB material (caulking, sealants, etc.) were also collected and analyzed for PCB content. A large, final HBMS survey report was developed, as were abatement specifications for the identified hazardous materials. 14 4 | Staff Statement of Qualifications
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022
EDUCATION
B.S., Occupational Safety and Health,
1989, California State University, Fresno
B.S., School and Community Health, 1987
California State University, Fresno
REGISTRATIONS/CERTIFICATIONS
American Board of Industrial Hygiene in
Comprehensive Practice, CIH No. CP7005
Board of Certified Safety Professionals in
Comprehensive Practice, CSP No. 15352
American Indoor Air Quality Council,
Certified Microbial Consultant, CMC No.
0608087
American Indoor Air Quality Council as a
Certified Indoor Environmental Consultant,
CIEC No. 0611042
Stephen J. Waide, CIH, CSP, CMC, CIEC
Certified Industrial Hygienist/Health & Safety Director Mr. Waide is a Certified Industrial Hygienist at Ninyo & Moore and is the company’s Corporate Health and Safety Director. He has extensive experience in the development and implementation of industrial hygiene, health physics, and industrial safety programs. His background encompasses projects within private industry- and government-funded environmental projects such as large-scale remedial investigations, waste characterization programs and remedial actions. He has extensive project management experience in the design of industrial hygiene programs; asbestos and lead surveys, abatement, and abatement oversight; mold/ microbial testing and risk assessments; indoor air quality investigations; radiological characterization and remediation; hazardous waste site activities; emergency response planning; and designing and implementing hearing conservation and respiratory protection programs. Mr. Waide is highly knowledgeable in all forms of industrial hygiene, industrial safety, and health physics program development. He currently manages a team of industrial hygienists and construction safety professionals who specialize in asbestos, lead, mold/microbial, and indoor air quality (IAQ) issues.
EXPERIENCE
City of San Pablo, Former BNSF Property/Rumrill Park, San Pablo, California:
Certified Industrial Hygienist for the City of San Pablo to investigate, remediate and oversee the redevelopment of a former BNSF property. The approximate 5-acre site was historically used for railroad and automotive maintenance, and included an aboveground oil storage tank farm, pallet manufacturing and illegal dumping. Retained by the City to develop and implement a SAP to supplement the previous investigation of the site. Investigation activities conducted included soil and groundwater sampling and analysis, and a geophysical survey to evaluate potential subsurface features based on previously discovered buried drums. The results of the SAP identified shallow soil impacted with heavy range petroleum hydrocarbons, PCBs, OCPs, and metals (primarily arsenic, cadmium and lead).
City of Alameda, Alameda Estuary Park Site Improvements, Alameda, California:
Certified Industrial Hygienist for the team providing oversight of all project stormwater activities including weekly BMP inspections and reporting, preparation of REAPs, storm water sampling, and preparation of Annual Storm Water Reports for the duration of the project, which concluded in September 2017.
City of Cupertino, McClellan Park, Cupertino, California: Certified Industrial Hygienist during limited environmental bacterial investigation of growing beds and several associated soil-filled plastic containers within garden plots at the City of Cupertino Community Garden at the McClellan Ranch Preserve. The investigation/ inspection was conducted on June 19, 2017 after the client received complaints from on-site gardeners that human waste might be inter-mixed with existing fertilizer used at several of the garden plots, as well as being stored in 5-gallon plastic containers at the same garden plots.
5 Project Management
and Staff Availability
5 | Project Management and Staff Availability
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 15 5 | Project Management and Staff
5 | Availability
Principal Geologist and Contract Manager, Mr. Brandon Wilken, PG, QSP/D, will act as the primary contact for the City for the duration of this contract, and will oversee and direct the assignment of specific task orders based on the scope of work and experience and credentials of our support team. He will be readily available to the City throughout the duration of the contract to address any concerns on the Surface Cap Inspections or other assigned task orders. Throughout the contract duration, Mr.
Wilken will meet with City representative(s) to discuss task order assignments and the anticipated services required for those projects. Either Mr. Wilken or the assigned task manager will provide a detailed scope of work and estimated cost based on our understanding of the services required and our approved schedule of fees. If additional services are requested outside of our original scope of services, we will notify the City in writing and detail the services requested and our estimated cost. Upon written approval from the City, we will begin the additionally-approved extra work.
Although we typically request 48 hours prior notice for requested services, our teams have been able to provide staff on-site within as little as two hours’ notice. We have also been able to mobilize our geotechnical engineering and materials testing teams on past projects when unanticipated conditions are encountered. Since Ninyo & Moore provides geotechnical engineering, materials testing and inspection, environmental assessment, and assessment and remediation in-house, there will be no coordination issues to delay immediate mobilization of our services.
Ninyo & Moore also recognizes that a major element of project success is the degree to which schedules and budgets are met. Mr.
Wilken will be responsible for the overall schedule, quality, budget control, and staff assignments for the duration of this contract.
Mr. Wilken will be committed to this contract throughout its duration and he and no other key staff members will be reassigned or change without prior discussion and approval from the City.
Key elements of our project management approach which Mr. Wilken will leverage include:
• A detailed and accurate project work plan prepared with the City’s input and approval. • Clear communication of the roles and responsibilities to each of the team members. • Contract cost and schedule control monitoring/forecasting procedures. • A project-specific Quality Assurance/Quality Control (QA/QC) plan. • Regularly scheduled meetings with project team and City. • Commitment of firm resources to successfully complete any assigned project to the City’s satisfaction. • Immediate corrective action to remedy project impediments.
Mr. Wilken will work closely with each task manager and will communicate to the members of the project team the organization and communication procedures, task description and assignments, schedule requirements, cost and budgets, and project guidelines.
The ability to clearly communicate information such as scope, costs, schedules, and technical matters is a vital element of any project. A coordinated effort among the team members is required to achieve an integrated program which, in turn, is necessary to deliver quality services within strict budgetary and time constraints for this project.
Ninyo & Moore also utilizes the Deltek Vision accounting software for budgetary project tracking and performance monitoring.
Mr. Wilken and all task managers receive weekly budget status updates as well as man-hour utilization on each task order assignment. Monthly progress reports will be prepared showing work performed in the preceding month by individual task order assignment, anticipated work to be performed in the next month, issues to be resolved and responsibility for action, and status of schedule and budget. These monthly progress reports are submitted with our monthly invoices. Specific task order milestone progress reports are provided verbally and/or in writing, as applicable to the specific milestone. Mr. Wilken will be available to meet and discuss our progress reports with the City’s contract manager and individual project managers to see that our services are being delivered on time and to your expectation.
Key Staff Member % Available
Brandon Wilken 50 - 100
Kris Larson 10
Steve Waide 10 - 100
Aubrey Cool 70 -100
William Larkin 70 - 100
6 Project Approach
6 | Project Approach
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 16 6 | Project Approach
APPROACH TO OVERALL PROJECT & CONTRACT MANAGEMENT
Ninyo & Moore has established effective management control systems, have integrated them for efficient project administration, and have trained staff to respond quickly and efficiently to task orders and project situations as they arise in order to meet project deadlines. Having completed many complex projects within strict time constraints, Ninyo & Moore has developed flexible management systems, which allow project managers to draw on experienced technical and administrative personnel throughout the company. This allows the use of a wide-ranging personnel base at reduced cost to the project and has resulted in efficient budget control and adherence to project schedules. Contract needs are met by assigning appropriate resources (experienced personnel and equipment) as needed to meet specific project requirements.
Ninyo & Moore’s project managers are available throughout the duration of all project assignments. Client requests are addressed immediately and emergency response to those projects requiring it is provided throughout the duration of the project. If required, Ninyo & Moore project managers can accelerate project scheduling without compromising quality by adding additional professional staff and working extended hours and weekends. Ninyo & Moore has several facsimile machines, couriers, and secure e-mail/file transfer services for purposes of transmitting/sending information immediately following such requests.
Ninyo & Moore maintains its exceptional reputation in the industry by providing quality technical expertise and by meeting schedules with strict time constraints. Ninyo & Moore utilizes a phased project approach that enables scheduling of project personnel and equipment such that the scope of work/task orders can be accomplished within the required time limit. The reason for this high rate of success is that the firm’s management teams draw from in-house resources, as needed, to meet specific project needs.
If the project is delayed, (e.g., adverse weather, equipment breakdowns, etc.), Ninyo & Moore’s project manager immediately informs the client and works with the client to develop a satisfactory new schedule.
SERVICE AREA 1 - SURFACE CAP INSPECTIONS
Ninyo & Moore would act as the City’s Operations and Maintenance (O&M) Professional in order to assist the City in complying with the Site O&M Plan. Our contract manager and task manager are both California-registered certified professional geologists, experienced with sites that have surface caps and require surface cap inspections. Ninyo & Moore has direct experience with remediation and O&M documents prepared for the site because we worked closely with the DTSC in preparation of the O&M Plan, O&M Agreement and RACR.
The O&M Professional is responsible for conducting inspections to identify potential deficiencies or problems with the surface cap.
The O&M Coordinator is responsible for coordinating corrective measures with respect to the components of this plan, including maintenance of site security, cover and final grading, surface drainage and erosion control.
Annual Inspections and Reporting
The purpose of the annual inspection is to comply with post surface cap installation maintenance; identify and review completion of any required repairs or changes in site conditions or usage; and describe any on-site construction activities or any other significant information relating to the surface cap that may have taken place over the previous 12 months. Inspections are conducted by the O&M Professional on-site using the inspection checklist provided in Appendix B of the O&M plan. Additional as-needed inspections will be conducted during non-catastrophic events, including (but not limited to) intrusive work that occurs within the surface cap and storm events and catastrophic events (e.g., earthquakes). In general, the site is inspected for those items described in Section 6 of the O&M plan including site security, adequacy of surface cap, and surface drainage. Once completed by the O&M Professional, the checklists are reviewed and signed by the O&M Coordinator.
The O&M Professional assigned to conduct the O&M inspections is responsible for identifying areas requiring action, as applicable; documenting any changes in site conditions or usage; providing descriptions of onsite construction activities, as applicable; and recording any other relevant and significant information relating to effectiveness of the surface cap including, but not limited, to cracks in the surface cap, run-on or run-off areas, low lying areas that collect surface water, and exposed COC-impacted soils beneath the surface cap. Each inspection is documented with photographs.
The O&M Professional will address preventative and corrective repair needs, promptly after identification as soon as possible, which will follow the City’s work order approval process. The O&M Professional will provide a verbal or written work order to the 17 6 | Project Approach
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 City. Any intrusive work into the COC-impacted soils must be forwarded to the O&M Coordinator for approval prior to conducting the work. The DTSC will also be notified at least 60 days prior to intrusive activities into the COC-impacted soil and a SMP describing activities associated with the surface cap intrusion will be prepared and submitted to the DTSC 14 days prior to field activities. Once approval of the work is provided, the O&M Professional will inform the O&M Coordinator of any restrictions for conducting the work, including implementing the O&M Plan.
Annual Monitoring Summary Reports will summarize the periodic inspections and document completions, delays, or failures to repair any items identified as needing repairs. The draft report will be initially submitted to the O&M Coordinator for review. The O&M Professional will incorporate the City’s comments prior to finalization. The final report is signed by the O&M Professional and O&M Coordinator, and submitted by the O&M Coordinator to the DTSC for their review and approval no later than 60 days after the annual monitoring has been conducted, which is consistent with the O&M Agreement and LUC.
Five-Year Review
Five-Year Reviews will be conducted by the O&M Professional who will evaluate the effectiveness of the surface cap. The primary purpose of the Five-Year inspection is to identify and review completion of required repairs, if any; changes in site conditions or usage; descriptions of any onsite construction activities; or any other significant information relating to the effectiveness of the surface cap that may have taken place over the previous five years. The Five-Year Review will evaluate whether the surface cap remains protective of human health and the environment, is functioning as planned/designed, and is maintained appropriately by O&M activities. This review will also evaluate the potential for changes in the monitoring schedule for the following five years, and discuss potential updates to the O&M Plan, as appropriate.
The O&M Coordinator will notify DTSC personnel a minimum of 14 days prior to conducting each Five-Year Review inspection.
The next Five-Year Review will be conducted in 2026, prior to December 2026. As set forth in the O&M Agreement, within 30 days of the end of the five-year period, the City will submit a Five-Year Work Plan for DTSC approval. Within 60 days of the DTSC’s approval, the City will implement the Work Plan and submit a report of the results of the five-year review. The Five-Year Review Inspection will be combined with the Annual Inspection. Depending on the findings of the Five-Year Reviews, the City may request from the DTSC a reduction in the O&M inspections from annual to bi-annual, and eventually to once every 5 years.
The O&M Professional will prepare a report of the completed response actions no less often than once every five years. The next Five Year Review Report is scheduled for submittal in 2026, prior to December 2026. The report will identify any incidents or problems with the surface cap, and will evaluate the surface cap’s performance, effectiveness, and protectiveness. The Five-Year Review Report will provide conclusions and recommendations for any changes that may need to be implemented to maintain surface cap effectiveness. In addition to the information required in the Annual Monitoring Summary Reports, the Five-Year Review Report will include a Technical Assessment and evaluation of the ongoing protectiveness of the surface cap during the Five-Year Review. The Five-Year Review Report will be consistent with EPA Five-Year Review guidance and will evaluate the response actions to determine if they continue to be effective at protecting human health and the environment. All draft reports are initially submitted to the O&M Coordinator for review. The O&M Professional will incorporate the City’s comments prior to finalization. The final report is signed by the O&M Professional and O&M Coordinator, and submitted by the O&M Coordinator to the DTSC for their review and approval. Five-Year Review Reports are maintained in files at City. The Five-Year Review Report will be submitted to DTSC for their review and approval within 60 days following completion of the on-site inspection.
Completion Report for Intrusive Work
Within 60 days of completing intrusive work activities at the site, an Intrusive Work Completion Report prepared by the O&M Professional that summarizes the work conducted and includes:
• Dates when the work was conducted.
• Work locations indicated on appropriate maps and figures. • Summary of work performed, including restoration of surface cap, as applicable. • Work practices implemented to prevent potential exposures of workers and others to potential contamination. • Summary of site conditions in the area evaluated following completion of work.
The O&M Professional will incorporate the Intrusive Work Completion Reports for intrusive work conducted during the year into the Annual Monitoring Summary Report.
18 6 | Project Approach
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 SERVICE AREA 2 - ON-CALL INDUSTRIAL HYGIENIST
Phase I Environmental Site Assessments
Ninyo & Moore’s scope of services for Phase I Environmental Site Assessments (ESA) is consistent with the ASTM International (ASTM) 2013 guidance (Designation Number E1527-13). The objective of the assessment is to evaluate whether past or current activities have resulted in “Recognized Environmental Conditions,” as defined in ASTM E1527 13.
Ninyo & Moore’s scope of services for a Phase I ESA includes: review of site data, including documents detailing history of site uses, maps, and regulatory agency databases; interview with property owner or designated representative; performance of site reconnaissance to identify the presence of any potential hazardous materials in surficial soil or water and/or on site equipment typically identified as a source of contamination; evaluation of documents related to adjacent sites within a specific radius; and prepare a final report documenting findings and providing opinions and recommendations regarding possible environmental impacts at the site.
Phase II Environmental Site Assessments
A Phase II ESA can include several tasks as part of the scope of services. Depending on the specific site conditions and regulatory frame work of the site, the following tasks may comprise Ninyo & Moore’s Phase II ESA scope of services. • Management and coordination with the appropriate local and/or state regulatory oversight department, including participation in meetings with the regulatory agency.
• Review any previous environmental site assessments conducted at the site or nearby sites. • Retaining and overseeing appropriate subcontractors to perform subsurface investigative work and application for related permits, as well as notification of Underground Service Alert if necessary. • Conduct the field activities related to the site assessment which may include, but not necessarily be limited to installation, development, and sampling of groundwater monitoring wells; collection of shallow soil and sediment samples; hand augering of shallow borings; and other similar subsurface evaluation methods. Sampling locations will be tracked per state reporting requirements (Geotracker).
• Conduct the necessary sample analyses for the constituents of potential concern for the media collected (e.g., soil, soil vapor, groundwater) as necessary.
• Compile, analyze, and evaluate the data for quality control/quality assurance, perform statistical analyses on the data as appropriate, and summarize the data on appropriate figures and tables. • Develop a site conceptual model for the release or releases at the site based on the constituents of concern, media affected, and potential environmentally sensitive receptors.
• Conduct a fate and transport analysis as part of the site conceptual model to evaluate the risk to human health and the environment so as to limit the extent of mitigation at the site to those issues that pose a potential threat. • Prepare a peer-reviewed report including a summary of the investigative methods and field observations; data evaluation and discussion; findings; and conclusions and recommendations, as necessary. The report would be signed by a Principal of the firm and a California Professional Geologist or Engineer, as appropriate. • Coordinate with the regulatory agency regarding the findings of the assessment activities and negotiate with the regulatory agency regarding the procedures necessary to move the site toward regulatory closure. • Dispose of investigative derived waste based on the waste classification. • If necessary and appropriate, remedial activities may be proposed.
Asbestos- and Lead-Containing Materials Sampling And Report Preparation Ninyo & Moore’s technical staff of CACs and CSSTs is augmented by in-house LPM, and LI/A.
Typical HBMs addressed by Ninyo & Moore’s staff include: ACM,LBP, PCB light ballasts, switches and transformers, mercury- containing thermostats/switches, fluorescent light tubes, tritium exit signs, Freon™-containing refrigeration systems, and other potentially hazardous components.
Upon completion of the initial survey and HBM sampling, Ninyo & Moore’s technical staff reviews laboratory analytical reports and prepares a report detailing the presence and specific location of any identified HBMs. The report will also provide recommendations for either mitigation or abatement of HBMs. If desired, Ninyo & Moore staff are also capable of preparing abatement specifications; providing abatement oversight, including clearance air sampling and required closeout documents. 19 6 | Project Approach
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 Industrial Hygiene, Indoor Air Quality, And Microbial Assessments Ninyo & Moore provides professional services and assessments relating to industrial hygiene, indoor air quality (IAQ), and microbial evaluations through a staff of Certified Industrial Hygienists.
Industrial Hygiene samples are analyzed in laboratories, which are accredited by the American Industrial Hygiene Association.
Based on analytical results, Ninyo & Moore will develop specific recommendations including exposure control strategies, remedial solutions, respiratory protection, confined space entry, and hearing conservation in compliance with federal and state Occupational Safety and Health Administration (OSHA) standards.
Indoor Air Quality
Ninyo & Moore’s IAQ assessment typically includes a visual inspection of readily available air handling units and related systems, and initial measurements of basic air quality indicators. These indicators include temperature, humidity, carbon dioxide, carbon monoxide, and air movement. The team may also perform ambient air sampling if there has been any identification or reports of potential spore-born contamination. Once all field activities and laboratory analyses of samples are complete, the team will compile a final report with a description of the specific evaluation steps performed and details on the findings that will include any final laboratory results and recommendations for remediation or mitigation measures for any confirmed presence of an air contaminant.
Noise Monitoring
Ninyo & Moore will typically conduct personal noise monitoring of selected individuals in a facility. The noise data is collected following OSHA-approved methods and regulations. Data is collected over an entire work shift in order to determine whether the 8-hour time weighted average (TWA) exposure to personnel equals or exceeds the OSHA Standard action level of 85 dBA.
Ninyo & Moore often also collects sound level measurements in selected areas of a facility to produce a limited sound level map.
Area measurements are performed on the first day of sampling with personal monitoring being performed on day two.
Ninyo & Moore can typically provide a verbal report once analytical data are provided from the laboratory or downloaded from instruments, with the final report delivered within seven days of receipt of analytical data. The final report will document the work performed, including description of methodologies, assumptions, findings, conclusions and recommendations. The report also includes a site drawing illustrating the sound pressure levels within the measured areas.
Participation in Court Hearings
Ninyo & Moore has extensive experience providing defense and plaintiff expert witness services, including attending mediations and depositions, providing expert witness testimony, providing consultation services, and directing the forensic evaluation which may involve the services previously discussed. Our experienced expert witnesses have worked with attorneys representing developers, contractors, municipal agencies, homeowners’ associations, and individual property owners, as well as with mediators providing third party consultant testimony. In the event that the City requires Ninyo & Moore’s services for these types of situations, the team will work with the City to define a detailed scope of work and approach to providing services in support of any active litigation.
Coordination with Materials Testing Firms and Companies Ninyo & Moore’s team has extensive experience coordinating services with a variety complementary service providers, including our in-house construction services team, as well as external materials testing firms. Our dedicated project manager will work closely with the City to identify any team members Ninyo & Moore will need to coordinate with throughout the life of the project.
Once these firms are identified, the Ninyo & Moore project manager will commence coordination by establishing a communication strategy to ensure all services are provided in concert and in the most cost-efficient manner. 7 Schedule of Work
7 | Schedule of Work
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 20 7 | Schedule of Work
Schedule of Work by Service Area/Deliverable
Deliverable Days to Issuance of Final Documents Notes
Service Area 1 - Surface Cap Inspections
Planned Inspections
(Annual & Five-Year Review)
Within 60 days of inspection completion.
(DTSC requirement)
Notification to DTSC at least 14 days prior
to inspection
Unplanned Event Inspections Within 60 days of inspection completion. (DTSC requirement)
During or immediately after (within 24
hours) unplanned event.
Service Area 2 - Hazardous Materials Survey, Sampling, & Abatement Hazardous Building Material Survey
Report
1 - 3 Weeks Timeline to completion is post receipt of
analytical laboratory results. The timeline
required to complete any assigned HBM
investigation and survey can vary based on
the size and number of facilities investigated
Abatement Specifications 1 - 2 Weeks The timeline required to complete any assigned HBM abatement specification can
vary based on the size and number of
facilities investigated
Abatement Final Clearance Documents 1 - 2 Weeks The timeline required to complete any assigned final clearance documents can
vary based on the size and number of
facilities investigated
Service Area 2 - Air Sampling & Indoor Air Quality Surveys Air Sampling Report 1 - 2 Weeks Timeline to completion is post receipt of analytical laboratory results. The timeline
required to complete any assigned air
sampling report can vary based on the size
and number of areas/facilities investigated
Indoor Air Quality Survey Report 1 - 2 Weeks Timeline to completion is post receipt of analytical laboratory results. The timeline
required to complete any assigned indoor
air quality report can vary based on the size
and number of areas/facilities investigated
Service Area 2 - Noise Monitoring
Noise Monitoring Report 1 - 2 Weeks The timeline required to complete any assigned air sampling report can vary
based on the size and number of areas/
facilities investigated
Service Area 2 - Environmental Assessment & Remediation Deliverables Phase I ESA Report 2 - 3 Week The timeline required to complete any assigned report can vary based on the size
and number of areas/facilities investigated
Phase II ESA Report 3 - 6 Week The timeline required to complete any assigned report can vary based on the size
and number of areas/facilities investigated
Remediation Plans & Specifications Varies Remediation can vary drastically based on agencies involved, types of contaminants,
and source of contamination
8 Cost Proposal
8 | Cost Proposal
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 21 8 | Cost Proposal
Principal Engineer/Geologist/Environmental Scientist 1 hour @ 188.00$ /hour 188.00$ Project Engineer/Geologist/Environmental Scientist 2 hours @ 165.00$ /hour 330.00$ Senior Staff Engineer/Geologist/Environmental Scientist 2 hours @ 150.00$ /hour 300.00$ Subtotal 818.00$
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 188.00$ /hour 376.00$ Subtotal 376.00$
Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ 150.00$ /hour 1,200.00$ Vehicle Mileage 33 mile @ 0.585$ /mile 19.31$
Subtotal 1,219.31$
Principal Engineer/Geologist/Environmental Scientist 4 hours @ 188.00$ /hour 752.00$ Senior Staff Engineer/Geologist/Environmental Scientist 15 hours @ 150.00$ /hour 2,250.00$ Technical Illustrator/CAD Operator 4 hours @ 98.00$ /hour 392.00$ Data Processor 4 hours @ 71.00$ /hour 284.00$
Subtotal 4,998.00$
Principal Engineer/Geologist/Environmental Scientist 5 hours @ 188.00$ /hour 940.00$ Project Engineer/Geologist/Environmental Scientist 15 hours @ 165.00$ /hour 2,475.00$ Senior Staff Engineer/Geologist/Environmental Scientist 20 hours @ 150.00$ /hour 3,000.00$ Technical Illustrator/CAD Operator 4 hours @ 98.00$ /hour 392.00$ Data Processor 4 hours @ 71.00$ /hour 284.00$
Subtotal 7,091.00$
Table 1 - Breakdown of Estimated Fee - Serice Area 1
Five-Year Review & Work Plan Report (one edit cycle) (draft & final) Project Coordination and Background Review (cost per inspection) Site Inspections (cost per inspection)
Annual Report (one edit cycle) (draft & final)
Meeting Attendance (cost per meeting)
Ninyo & Moore | [Project Name] | [Proposal No.] | CA12 | 5/6/2022 1 22 8 | Cost Proposal
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 Ninyo & Moore | Project Name | Proposal No. | Date CA12
Schedule of Fees – Service Area 2 & Unexpected Services for Service Area 1* Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 188 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 178 Senior Project Engineer/Geologist/Environmental Scientist ................................................................................... $ 173 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 165 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 150 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 134 GIS Analyst .............................................................................................................................................................. $ 123 Technical Illustrator/CAD Operator.......................................................................................................................... $ 98 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 173 Field Operations Manager ....................................................................................................................................... $ 119 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 114 Supervisory Technician ........................................................................................................................................... $ 104 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................ $ 104 Senior Technician .................................................................................................................................................... $ 103 Technician ................................................................................................................................................................ $ 98 Administrative Staff
Information Specialist .............................................................................................................................................. $ 83 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 81 Data Processor ........................................................................................................................................................ $ 71 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID ................................................................................................................................................................ $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable. The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form. *Due to the variety of projects listed in the Scope of Services for Service Area 2, we have included our rate schedule rather than providing task fee lump sum cost for each project. Project costs will differ based on the scope and size of each project. 9 Method of Payment
Section left blank intentionally.
10 References
10 | References
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 23 10 | References
REFERENCES
Reference Name & Contact Information Type of
Work
Client
Type Project/Contract Name and Services Provided Contract Status
City of Richmond
Ms. Lina Velasco, Director of Planning &
Building Services
[email protected] |
510.620.6841
On-
Call
Public On-Call Environmental Consulting Services
Providing on-call services for environmental assessment and remediation work; and HBMS, preparation of related
abatement specifications, oversight and monitoring
(including clearance sampling and closeout reporting);
and mold assessments.
Current
City of San Pablo
Ms. Amanda Booth, Environmental
Program Analyst
[email protected] | 510.215.3066
Multi-
Phase
Project
Public Rumrill Park Project
Provided environmental services for the investigation,
remediation and oversight of the redevelopment of a
former BNSF property.
Ended in
2016
Port of Oakland
Ms. Colleen Liang, Port Environmental
Supervisor
[email protected] | 510.627.1100
On-
Call
Public On-Call Environmental Services
Providing on-call environmental compliance services with the Port and oversight of Risk Management Plan (RMP)
Services for the former Oakland Army Base. Services
have included a range of environmental services including Phase I and Phase II ESAs,
Current
City of Vallejo
Mr. Rick Navarro, Consultant Civil Engineer
[email protected] |
707.648.8601
On-
Call
Public On-Call Environmental Consulting Services
Providing engineering hazardous materials services on an on-call basis.
Current
Among Ninyo & Moore’s major attributes is
a commitment to excellent client service and
a high level of responsiveness to our project
requests.
Ninyo & Moore has proven to be exceptionally
responsive to all of our requests and
consistently produces the highest quality
deliverables within established schedules
and budget.
- Craig Fergusson, PE, Project Manager
City of San Diego
“
“
11 Consultant Contract
Statement
11 | Consultant Contract Statement
Ninyo & Moore | City of San Pablo RFQ/SOQ for Rumrill Sports Complex Annual Cap Inspections & On-Call Industrial Hygienist | P09OAK03-01307 | May 9, 2022 24 11 | Consultant Contract Statement
Ninyo & Moore has reviewed the City’s Consultant Agreement Sample, provided as Exhibit 1 to the subject contract. We are willing and agreeable to sign the agreement without any modifications. 2020 Challenger Drive, Suite 103 | Alameda, California 94501 | p. 510.343.3000 | f. 510.343.3000 ARIZONA | CALIFORNIA | COLORADO | NEVADA | TEXAS | UTAH www.ninyoandmoore.com