Updated: 04/22 Page 1
CITY OF SAN PABLO
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT (“Agreement”), dated and effective this 1st day of July, 2022 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organiz ed and existing under the laws of the State of California, (“City”), and SCS Engineers, 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.
Updated: 04/22 Page 2
C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders; including but not limited to social distancing requirements: https://cchealth.org/coronavirus/pdf/2020-03 31-Appendix-A-Social- Distancing-Protocol.pdf. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to provide proof of COVID-19 vaccination, as well as comply with the City’s COVID policies on-site.
D. Time is of the Essence. In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”
E. Primary Service Provider . The City has approved of James Ritchie as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.
F . Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.
Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.
1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.
3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and Updated: 04/22 Page 3
that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records to the Labor C ommissioner as required under California law and regulations.
4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
5. DIR Monitoring, Enforcement, a nd Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works projects.
The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.
(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant, for services rendered on an on-call basis, a sum not to exceed Fifty Thousand Dollars ($50,000) for each fiscal year from 2022/23through 2026/27, for a total compensation not to exceed Two Hundred Fifty Thousand Dollars ($250,000):
Contract Year Not to Exceed
Amount
Year 1 (FY2022/23) $50,000
Year 2 (FY 2023/24) $50,000
Year 3 (FY 2024/25) $50,000
Year 4 (FY 2025/26) $50,000
Year 5 (FY 2026/27) $50,000
Total Contract Amount $250,000
Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.
(3) Additional Services. In addition to the Services included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section (25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services perform ed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City Updated: 04/22 Page 4
agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authori ze the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record- keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.
(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on June 30, 2027. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.
(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:
Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services
N/A N/A
(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.
Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.
(7) Billings. Consultant's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.
Except as specifically authorized by City, Consultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3), above .
Updated: 04/22 Page 5
Consultant is solely responsible for its office and overhead costs, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement.
(8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information .
Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.
(9) Retention of Re cords. Consultant’s complete files, including all records, employee tim e sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use. This Section (8) will survive expiration of the Term or termination of the Agreement.
(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any docum ent or written report prepared by Consultant for or under the direction of City will contain the num bers and dollar amounts of all contracts and subcontracts relating to the preparation of such docum ent or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statem ent indicating that the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes ( including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits. The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
Updated: 04/22 Page 6
(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant’s Services.
This Section (12) will survive expiration of the Term or termination of the Agreement.
(14) Assignment of Personn el. Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.
A. Policies and Limits . Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:
1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.
2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.
3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.
Updated: 04/22 Page 7
4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.
Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.
b. The insurance must be maintained and evidenc e of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.
c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.
B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.
1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its office rs, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals f orm CG 20 07 may be used.
Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds.
Updated: 04/22 Page 8
c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.
2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least 30 days written notice to the City, unless due to non- payment of premiums, in which case 10 days written notice is required.
3. W aiver of Subrogation: Each required policy must include an endorsem ent providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.
C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager.
Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self -insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactor y to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager m ay condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Subconsultants or Subcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations.
(16) Indemnification. The terms and conditions set forth in subsection 16(A), below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are Updated: 04/22 Page 9
“design professional” services as us ed and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).
A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the acts, errors or omissions in 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 of comparative active negligence 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 of an Indemnified 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, 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, which would otherwise be the responsibility of City.
3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
Updated: 04/22 Page 10
B . Indemnification by Design Professionals . Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the Services to be provided under this Agreement are to be performed by a “ design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature, including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.
1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, whi ch would otherwise be the responsibility of City.
2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the T erm of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.
(18) Employment Practices.
A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Econom ic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly Updated: 04/22 Page 11
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.
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 Updated: 04/22 Page 12
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 A greement shall be the property of the City upon completion and payment for same. 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 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 Updated: 04/22 Page 13
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 and payment in accordance with this Agreement , 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. The parties agree that Consultant shall have no responsibility or Updated: 04/22 Page 14
liability to the City or to any third party in connection with the City’s use of the documentation beyond the purpose set forth in this agreement.
(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 A greement. 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: James Ritchie, Vice President
4683 Chabot Drive, Suite200
Pleasanton, CA 94588
To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.
Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.
(36) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.
___ This Agreement is subject to federal funding. See Exhibit C. _X_ This Agreement is not subject to federal funding.
(37) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.
__ This Agreement is subject to funding by Caltrans. See Exhibit D. _ X _ This Agreement is not subject to funding by Caltrans.
Updated: 04/22 Page 15
IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Teresa L. Stricker, City Attorney Matt Rodriguez, City Manager
SCS Engineers
By ___________________________________
James Ritchie, Vice President
ATTEST:
By _______________________________ Dated _________________________ Dorothy Gantt, City Clerk
Attachments: Exhibit A: Request for Proposals, dated April 28, 2022 Exhibit B: Consultant’s Proposal, dated May 9, 2022
Updated: 04/22 Page 16
Exhibit A
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
REQUEST FOR PROPOSALS
AND STATEMENT OF
QUALIFICATIONS
Rumrill Sports Complex Annual Cap
Inspections & On-call Industrial
Hygienists
March 30, 2022
Proposals Must Be Received By:
April 28, 2022 by 5:00 p.m.
TABLE OF CONTENTS
A. INTRODUCTION
1. About San Pablo
2. Purpose for Request for Proposals
B. SCOPE OF WORK
1. Project Description
2. Project Background
3. Consultant Services
4. Pre-Proposal Meeting
5. Estimated Cost
C. PROPOSAL REQUIREMENTS
1. Letter of Interest
2. Organization Chart / Personnel
3. Firm(s) Statement of Qualifications
4. Staff Statement of Qualifications or Resumes
5. Project Management and Availability
6. Project Approach
7. Schedule of Work
8. Cost Proposal
9. Method of Payment
10. References
11. Consultant Contract Statement
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
2. Questions
3. General Terms and Conditions
4. Agreement
E. PROPOSAL PROCEDURE
1. Submission of Proposals
2. Selection Process
3. Evaluation Criteria
4. Tentative Proposal Schedule
F. ATTACHMENTS
1 City of San Pablo
Request For Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists A. INTRODUCTION
1. About San Pablo
San Pablo is located in West Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland and San Francisco. Interstate 80 is the principal arterial route between the Bay Area and Sacramento. The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San Pablo has become a thriving residential and business community with a population of about 32,000 in an area of approximately two and one -half square miles. Additional information about the City can be obtained from the City of San Pablo website:
www.sanpabloca.gov.
2. Purpose for Request for Proposals
The City of San Pablo (“City”) invites professional consultant s to submit competitive proposals in response to this Request for Proposals and Statement of Qualifications (“RFP/SOQ”). The City seeks proposals for a California Department of Toxic Substance Control (DTSC) approved surface cap to identify potential deficiencies or problems and submittal of annual and 5 -year reports. In addition, the City of San Pablo requests the ability of industrial hygienists and/or environmental assessment services on an “on-call” basis. Professional disciplines expected to be involved with the project include, but are not limited to : engineering, geologist, environmental engineering, remediation, certified industrial hygienist, certified safety profession als, and Environment Health & Safety management. Please see Consultant Services (Section B, Item #3) for a full description of the services required.
Firms may choose to provide proposals for only Service Area 1 (Rumrill Sports Complex Surface Cap Inspections), only Service Area 2 (On-call Industrial Hygienists) or for both Service Area 1 & 2. The City may choose to work with one or multiple firms for each service area.
B. SCOPE OF WORK
1. Project Description
The City o f San Pablo (City) is seeking certified professionals to perform, annual inspections for a California Department of Toxic Substance Control (DTSC) approved surface cap to identify potential deficiencies or problems. In addition, the City of San Pablo requests the ability of certified professional(s) service on an “on -call” basis for environmental and/or hazardous material assessments, monitoring, reporting, and potential removal. The scope of services needed are described in more detail in the “Scope of Work” section of this Request for Proposals (RFP).
2. Project Background
In September 2015, the City of San Pablo completed construction on a 4.5 -acre former BNSF Railroad property site. The site is located at 1509 Rumrill Blvd, San Pablo, CA and 2 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
was developed under a voluntary clean -up agreement between DTSC and the former Redevelopment Agency of San Pablo. The selected clean-up actions at the site included soil excavation with off-site disposal and a combination of surface cap constructions and institutional controls. Further information regarding contaminates and controls can be found in the Removal Action Completion Report (RACR) which can be provided upon request.
As part of the institutional controls, an Operations and Maintenance Plan (O&M Plan) was developed to ensure the remedy implemented at the site continues to protect human health and the environment from potential impacts associated with the site (Exhibit 2).
The O&M Plan identifies the need for the City to contract an O&M Professional to provide professional environmental services pertaining to the surface cap at the site. The O&M Professional is required to be a California -Registered Professional (e.g. engineer, geologist) with knowledge of surface cap requirements and able to evalu ate the effectiveness of the surface cap at this site. The responsibilities of the O&M Professional will generally include:
Conducting annual and five-year inspections and reviews; Preparing and signing Annual Inspection Summary Reports and Five-Year Review Reports;
Directing oversight of intrusive surface cap work (as required); and Providing general environmental services including collecting samples for laboratory analysis.
In addition to the Rumrill Sports Complex, the City may be responsible for the maintenance or investigation of sites that have the potential to contain hazardous materials such as asbestos, lead, mold , etc. The City is seeking a consultant to provide industrial hygiene and/or hazardous material assessment services when needed. These services will be authorized by the Engineering Division on an individual task -by-task basis. A task would be authorized with a “not to exceed” contract amount, and a detailed scope of work and budget generated for each as required. The firm may be assigned a specific project for the duration of the project, or be assigned as a “fill-in” inspector for as little as one day. The total number of projects requiring “on -call” Industrial Hygienist services is unknown at this time and may vary from year to year. Additionally, the City may decide to retain more than one firm to provide the subject services.
3. Consultant Services
Scope of Services: Service Area 1- Surface Cap Inspections The Consultant selected shall provide services to complete the inspections, monitoring, reviews, and reports as defined below for the Rumrill Sports Complex Annual Cap Inspections. The Scope of Services for the Rumrill Surface Cap Inspections include, but are not limited to the following:
3 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
A. Act as the City’s Operations and Maintenance (O&M) Professional- In compliance with the City’s O&M Plan, the lead consultant for this service are is required to be a California -registered certified professional (engineer, geologist, etc.) with experience with surface caps and surface cap inspections.
B. Coordination- Work with San Pablo O&M Coordinator to access available resources and establish inspection dates.
C. Material Review- Review the City’s O&M Plan, O &M Agreement and Removal Action Completion Report (RACR) for the site. (To be provided by the City)
D. Inspections- Various inspections will occur at this site to determine the effectiveness of the surface cap. Each type of inspection may require additional information (see below) however in general, for each inspectio n the site will be evaluated for:
o Site security;
o Adequacy of surface cap;
o Surface drainage; and
o Changes in site conditions.
Annual Inspection- Each year an inspection will be conducted prior to December 31st on-site using the inspection checklist provided in Exhibit
3. Event Inspection - In addition to the annual inspections the O&M Professional will conduct inspections during or immediately following unplanned events. Unplanned events may include, but are not limited to, severe storms, significant seismic events and intrusive work that occurs within the surface cap. The inspection checklist in Exhibit 3 will be used.
Five Year Review - Every five years the annual inspection will be combined with the Five Year Review inspection. This insp ection is to occur prior to December 2026. The purpose of the five-year review is to assess the effectiveness of the surface cap and evaluate whether the surface cap remains protective of human health and the environment.
This review will evaluate the pot ential for changes in the monitoring schedule for the following five years.
E. Draft Annual Reports- After each inspection, a report will be provided to the City that will summarize the findings, document changes or activities, record any relevant information about the effectiveness of the surface cap and provide photographs. This report will address preventative and corrective repairs required and these repairs will be accompanied by a written work order. All repairs must come with information on restrictions for conduction work and an action date for completion. All work must be approved by the City’s O&M Coordinator.
4 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
F. Final Annual Reports - Provide the final report with the City’s incorporated comments and with completed deliverables. The final report must be signed by the O&M Professional.
o Reporting Timeframe for Annual Reports/Inspections - Each annual inspection must be co mpleted by December 31 of each year. The final report must be submitted to DTSC within 60 days following the annual inspection.
G. Draft Five Year Review & Work Plan Report - Upon completion of the Five Year Inspection the O&M Professional will prepare a rep ort summarizing their findings and conclusions. This report must be consisten t with the United States Environmental Protection Agency (USEPA) Five Year Review Guidance. The Five Year Review Report will encompass all of the aspects of a typical annual repor t and include any additional information as required. As part of the Draft Five Year Review, the O&M Professional will provide the City with a Draft Work Plan for DTSC approval. This would plan will evaluate the surface cap to determine if a reduction in inspection frequency is appropriate.
H. Final Five Year Review & Work Plan Report- Provide the final report with the City’s incorporated comments and with completed deliverables. The final report must be signed by the O&M Professional.
o Reporting Timeframe for Five Year Review Reports - The five -year inspection must occur prior to December 2026. This repo rt must be submitted to DTSC within 60 days following the Five Year Inspection. As part of the Final Five Year Review , the O&M Professional will provide the City with a Final Work Plan for DTSC approval. This Work Plan will be submitted to DTSC within 30 days of December 1, 2026.
Scope of Services: Service Area 2- On-Call Industrial Hygienist The Scope of Services may include the following:
A. Asbestos, PCBs, lead, mold, soil, water, or other hazardous mat erial sampling, investigation and survey
B. Phase I and Phase II Environmental Assessments
C. Provide abatement and remediation plans and specification D. Conduct abatement and remediation work
E. Encampment abatement and remediation
F. Hazardous material abatement project management
G. Air sampling, indoor air quality surveys, noise monitoring H. Assessment, inspections, and consultations
I. All work will be performed in accordance with accep ted best management practices in compliance with all regulations, laws, licenses, permits, or ordinances.
J. The Contractor will provide a written report for each project. For example, a hazardous material survey would include the following:
5 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
o A description of field activities, observations, and sampling protocols; o Written description of locations, type, and condition of the assessed hazardous materials;
o Tabulated results of sampling and analysis;
o A map indicated building materials, sample locations, and estimat es of quantities;
o A discussion of applicable Federal, State, and local regulations; o Conclusions and recommendations concerning the assessed hazardous material associated with the building.
K. Attendance and participation in any meetings as requested and directed by the City.
L. Attendance and participation in court hearings as requested or directed by the City.
M. Potential availability for “on-call” services on short notice.
N. Coordination with materials testing firms and companies.
O. Performance of the above services in a professional and timely manner.
Proposals for Work: The Project Manager will request fee proposals for individual projects. The estimate supplied by the consultant in writing shall identify the number of hours to be worked and the position of ea ch person performing work on a particular proposal. If aspects of the work will be completed by a sub-consultant this shall be clearly identified. If during actual work the number of hours is increased by more than in the agreed amount the Consultant shall notify the Project Manager as soon as possible.
C. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. The City may, acting in its sole discretion, elect to reject any Proposal that it determines to be nonresponsive. It reserves the right, but not the obligation, to waive any immaterial irregularities. Clarity and brevity are preferable to volume , submittals shall be li mited to 25 pages, excluding proposal cover, cover lett er, table of contents, and dividers. Each Proposal must include the following, organized as Sections 1 through 11:
1. Letter of Interest/ Cover Letter
A letter of interest/ cover letter must be provided transmitting the firm(s) submittal for consideration. The letter of interest/cover letter must identify which service area(s) the firm(s) are submitting the proposal for and must be signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the team.
2. Organization Chart/ Personnel
Since the Project may consist of several professional disciplines, submittals must provide an organization or personnel chart to delineate communication, coordination, and hierarchical structure of the project team.
3. Qualifications
6 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
Provide the qualifications and experience of the firm(s) proposed for the project in the submittal. This should include information describing the team’s experience with:
a. Surface cap inspections, remediation and contaminated sites. b. Reporting and negotiating with DTSC and other regulatory entities. c. Monitoring, sampling, and removal of hazardous materials. d. The ability to provide on-call service on short notice. e. Successfully meet ing state and federal project requirements, including expense tracking when there are multiple funding sources. f. Working collaboratively on an interdisciplinary team of consultants.
4. Staff Statement of Qualifications or Resumes
Provide the qualifications or resumes of key personnel proposed for the project in the submittal. In this section, identify similar/related projects that key members of the submittal have worked on. Note: key team members identified in the submittal shall not change in the executed contract unless notified and approved by the City.
5. Project Management and Staff Availability
Consultants should have one individual who will function as the main coordinator and point of contact for all the other consultants and sub -consultants; he/she will oversee project updates under the direction of City staff. This person will monitor timelines, review and evaluate products, ensure quality control and assist in facilitating meetings. Any substitutes of staff after submittal is received must be provided in writing and approved by the City if the contract is awarded.
6. Project Approach
In five pages or less, describe the Consultant’s proposed approach to this project and if relevant the typical approach to projects similar to this one. The approach should identify how the consultant can provide short -notice on -call services be flexible to potential changes in scope.
7. Schedule of Work
The schedule of work must be included in the submittal in order to demonstrate the Consultants ability to accomplish all Project deadlines. The schedule of work must include milestones for deliverables of each required aspect. All tasks including deliverab les of each sub-consultant must meet set individual deadlines and overall project schedule.
8. Cost Proposal
Firms may choose to provide cost estimates for Service Area 1, Service Area 2 or both services areas.
The cost proposal for Service Area 1 shall include a line-item cost estimate for each work task outlined in the scope of services plus a separate cost for meetings (cost per meeting) and all deliverables. The cost spreadsheet should be in a format that will allow City staff to determine the key project team member(s) proposed for each task and the number of management, technical, drafting and support personnel hours, cost per hour for each project team member and total cost envisioned for each task. Identify any other costs to 7 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
be billed to the project including project expenses and sub -consultant fees. Include any proposed mark -up for sub -consultant fees. Include a copy of the proposed rate schedules(s) to be used throughout the duration of the project and any adjustments that are predicted to occur during the execution of the project.
The cost proposal for Service Area 2 shall include a personnel rate schedule, overtime/after-hour rates and other standard direct costs (travel, mileage, etc.). Identify any other costs to be billed to the project including project expenses and sub-consultant fees. Include any proposed mark -up for sub -consultant fees. Include a copy of the proposed rate schedules(s) to be used throughout the duration of the project with any adjustments that are predicted to occur during the execution of the project.
9. Method of Payment
The method of payment for Service Area 1 will be time and material with a not to exceed amount. The On-call services (Service Area 2) will also be time and material with a task order based not to exceed amount.
10. References
Provide a short summary (one-page maximum) of at least three projects in progress or completed, with the following information for each:
a. Reference name, with current contact information
b. Type of project/work
c. Client type (clarifying role of private sector client, if any) d. Size and scale of the project
e. Current status
11. Consultant Contract Statement
Consultants will include a statement that the firm(s) accepts the terms o f the City’s Consultant Agreement sample ( Exhibit 1) and/or the submittal will include a list of any proposed modifications to the Agreement by the consultant.
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
a. Employment of Local Residents.
Pursuant to the San Pablo Economic Opportunity Policy, the DBE and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with 8 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
“domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
b. Outreach to Local Businesses.
At least fourteen days prior to: (i) DBE’s submission of a Proposal that includes specified subcontractors and (ii) DBE’s award of any subcontract to a subcontractor not included in DBE’s Proposal, DBE will contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510 -215-3200) and provide notice and details regarding subcontracting opportunities. The EDC will notify local businesses of subcontracting opportunities, and provide technical assistance to local businesses during the subcontracting bidding process.
2. Questions. Questions regarding this RFP /SOQ, the Project, or site access may be submitted in writing only and directed to Amanda Booth email:
[email protected]. Written responses will be provided in addenda to this RFP/SOQ posted via Planet Bids . Written questions must be submitted no later than April 14, 2022 at 4:00p.m.
3. General Terms and Conditions
a. All proposals, whether selected or rejected, shall become the property of the City.
b. The cost of RFP /SOQ preparation shall be that of the consulting firm and shall not be paid by the City.
c. Proposals shall be signed by an authorized employee in order to receive consideration.
d. City will not be responsible for propos als delivered to a person or location other than that specified herein.
e. The successful proposer will be asked to enter into an agreement with the City reflecting the terms and conditions of the proposal based on the City's Professional Services Agreement (Agreement) requirements. A copy of the Agreement and Insurance requirements is included as Exhibit 1 to this RFP. Proposals should include a list of any proposed modifications to the Agreement by the consultant. Award of an agreement is subject to approval by the City Council of the City of San Pablo.
f. Neither the City of San Pablo, it’s City Council, officers, employees, agents, representatives, nor any of its consultants will be liable for any claim or damages resulting from the RFP/SOQ process.
g. By submitting a proposal in response to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. All information, documentation , and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.
4. Agreement
9 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
The anticipated duration of the agreement will be one (1) year with the option for four (4) one year extensions for a total potential contract length of 5 years. The term is expected to begin July 1, 2022.
A sample agreement is attached ( Exhibit 1) that includes terms regarding conflict of interest, insurance, indemnification and assignment. The consultant selected to perform the work will be required to comply with these terms.
E. PROPOSAL PROCEDURE
1. Submission of Proposals
Each Proposer must submit a sealed envelope or package containing three (3) print copies and one electronic copy (PDF or comparable) of its Proposal, each copy clea rly identified as “Proposal for Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists.” The electronic copy may be included on a thumb drive in the sealed envelope or package or emailed to: [email protected]. The sealed Proposal must be delivered to:
City of San Pablo
City Clerk’s Office
Att: Public Works Department/Amanda Booth
1000 Gateway Ave
San Pablo, CA 94806
All Proposals, in both print and electronic format, must be received by the City Clerk’s office by April 28, 2022, no later than 5:00 p.m. (“Proposal Deadline”).
Proposals may not be modified after the Proposal Deadline.
2. Consultant Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other in formation required by this RFP /SOQ. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation.
Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.
All proposals will be evaluated by a City of San Pablo Selection Committee. The Selection Committee, made up of key City staff and other parties that may have expertise or experience in the services described herein, will review all submittals deemed comple te according to the evaluation criteria and weighting factors below. The Selection Committee will make independent random checks of one or more of the consultant’s references. This reference check applies to major sub-consultants as well.
The Selection Committee will establish a shortlist of consultants that are considered to be best qualified to perform the contract work . The selection process will include oral 10 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
interviews. The consultant will be notified of the time an d place of oral interviews and o f any additional information that may be required to be submitted.
Upon acceptance of the cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
3. Evaluation Criteria
Proposals will be evaluated according to each criterion below. The scores for all the Criteria will be added for each proposal. The proposal with the highest score will be deemed as the best proposal. The total maximum score for any project is 100 points.
Criteria Maximum
Points
A Completeness of Response Pass/Fail
B Understanding of the Work/Project 25
C Experience with Similar Work 25
D Quality and Availability of Staff 15
E Innovation and Advanced Techniques 10
F Financial Responsibility 10
G Project Delivery 10
H Local Subcontracting Approach/ Local Employment Approach 5 Total 100
A. Completeness of Response (Pass/Fail)
Responses to this RFP/SOQ must be complete. Responses that do not include the proposal content requirements identified within this RFP /SOQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.
B. Understanding of the Work/Project (25 points)
Demonstrated understanding of the Project including Project needs, identification of potential issues and overall approach to complete streets design.
C. Experience with Similar Work (25 points)
Experience of the firm(s) with similar projects, including local knowledge, ex pedited timelines, and working with regulatory agencies.
D. Quality and Availability of Staff (15 points)
Quality and availability/current workload of proposed staff. References will be taken into consideration.
E. Innovation and Advanced Techniques (10 points)
Capability of developing and identification of innovative approaches and solutions to key project issues
F. Financial Responsibility (10 points)
11 City of San Pablo
Request for Proposals
Rumrill Sports Complex Annual Cap Inspections & On-call Industrial Hygienists
The firm’s(s) ability to meet project budget, financial and schedule requirements G. Project Delivery (10 points)
Demonstrated technical ability of staff and if relevant, experience of consultant teams working together
H. Local Subcontracting Approach/ Local Employment Approach (5 points) A consultant’s successful use of the local subcontracting and local employment approach (Section D, Items 1a. and 1b.) or a documented good faith effort to succeed at using the City’s local subcontracting and/or local employment approach.
4. Tentative Schedule
Below is a tentative schedule for the selection and procurement process. Dates are subject to change by City staff and/or unforeseen circumstances.
Item Date
RFP/SOQ Release Date March 30, 2022
Last day to submit any questions April 14, 2022, 4:00pm RFP/SOQ Proposal submittal Date April 28, 2022, 5:00pm
Panel Review May 2-5, 2022
Interview period May 10-12, 2022
Selection and negotiation period May 16-19, 2022
Contract to be awarded at City Council June 6, 2022
F. ATTACHMENTS
Exhibit 1 – Sample Consultant Agreement
Exhibit 2 – Rumrill Sports Complex Operations and Maintenance Plan Exhibit 3 – Rumrill Sports Complex Inspection Checklist
City of San Pablo
REQUEST FOR PROPOSAL
AND STATEMENT OF QUALIFICATION
ADDENDUM No. 1
PROFESSIONAL SERVICES
Date: April 19, 2022
This addendum is hereby made a part of the Request for Proposals (RFP) documents to the same extent as if they were originally included therein. Please acknowledge receipt of this addendum in your proposal submittal package. The following are changes and clarifications to the RFP documents:
Clarification Questions and Responses
1. Can we have a list of the incumbent consulting firms for this work in both Service Areas?
City of San Pablo Response: Ninyo and Moore was the consultant firm used during the construction of the Rumrill Sports Complex. During the first 5-year reporting period, the City worked with SCS Consultants for both service areas.
2. How many consulting firms will be selected for this work for both Service Areas?
City of San Pablo Response: There is no specific number of firms that the City will be selected for this work. Ideally, the City hopes to have 1-3 qualified firms to sign contracts with for these services.
3. Can you provide details regarding the surface cap design?
City of San Pablo Response: All documents relevant to the project can be found on the California EnviroStor site:
(https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=70000080). Below is an excerpt from the Removal Action Completion Report (RACR). “In areas of the Site with surface improvements, a minimum 1 foot of surface cap material was installed, which was primarily baserock covered by synthetic turf, asphalt or concrete. In some areas of the Site, soil was included in the surface cap below the baserock in order to achieve the required 1 foot thickness. In areas of the Site without surface improvements (planting and bioretention areas), a minimum of 2 feet of surface cap material (soil) was installed. All utility trenches were backfilled with material that met the surface cap specifications. Above ground structures placed on top of the surface cap include a concession stand, restrooms, a play structure, picnic tables and benches, and a trash enclosure.”
4. How often have unplanned event inspections occurred in the past? How much lead time will there be?
City of San Pablo Response: There have never been unplanned events in the past. The lead time is unknown.
5. Can the City of San Pablo or City staff be used as a reference?
City of San Pablo Response: Yes.
6. Does the section on “Local Employment and Contracting Opportunities” apply to firms that are not DBEs?
City of San Pablo Response: Yes, this City Policy and applies to all firms, regardless of DBE status. To fulfill this requirement all firms:
Shall contact the EDC at [email protected] or 510-215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
Shall contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days.
Due to the potential confusion on this aspect, the deadline for the Proposal will be postponed to May 9, 2022, at 5:00pm.
Updated Timeline:
Item Date
RFP/SOQ Release Date March 30, 2022
Last day to submit any questions April 14, 2022, 4:00pm RFP/SOQ Proposal submittal Date April 28, 2022, 5:00pm May 9, 2022 5:00pm Panel Review May 2-5, 2022 May 10-12, 2022 Interview period May 10-12, 2022 May 16-19, 2022 Selection and negotiation period May 16-19, 2022 May 26-31, 2022 Contract to be awarded at City Council June 6, 2022 June 20, 2022
7. Are there anticipated projects for Phase I and Industrial Hygiene Services?
City of San Pablo Response: The City has a few potential sites/locations where Industrial Hygienist Services may be needed. The City has recently become the owner/operator of the following two sites. Funding permitted, the City plans on upgrading/developing these sites, which are likely to need services that would fall under the scope of services for the on-call contract.
2395 Greenway Dr. (Rollingwood Recreation Center)
13928 San Pablo Ave. (former San Pablo Fire Department Building)
Please acknowledge receipt of this addendum in your proposal submittal package.
Updated: 04/22 Page 17
Exhibit B
Proposal for Rumrill Sports Complex
Annual Cap Inspections & On-call
Industrial Hygienists
City of San Pablo
City Clerk’s Office
Attention: Public Works Department/Amanda Booth
1000 Gateway Avenue
San Pablo, California 94806
4683 Chabot Drive, Suite 200
Pleasanton, California 94588
925-426-0080
010461222 | April 28, 2022
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists i
Table of Contents
Section Page
1 Letter of Interest ................................ ................................ ................................ .............................. 1 2 Organization Chart/ Personnel ................................ ................................ ................................ ........ 2 3 Qualifications ................................ ................................ ................................ ................................ ... 3 4 Staff Statement of Qualifications ................................ ................................ ................................ .... 4 5 Project Management and Staff Availability ................................ ................................ ..................... 9 6 Project Approach ................................ ................................ ................................ .......................... 11 7 Schedule of Work ................................ ................................ ................................ ......................... 16 8 Cost Proposal ................................ ................................ ................................ ................................ 17 9 Method of Payment ................................ ................................ ................................ ...................... 18 10 References ................................ ................................ ................................ ................................ .... 19 11 Consultant Contract Statement ................................ ................................ ................................ ... 22
Tables
Table 1. Project Experience Matrix ..................................................................................................... 3 Table 2. Staff Availability .................................................................................................................. 10 Table 3. Cost Estimate ..................................................................................................................... 17
Figures
Figure 1. Organization Chart ................................................................................................................ 2
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 1
1 LETTER OF INTEREST
SCS Engineers (SCS) is eager to continue our Operations and Maintenance (O&M) Professional Services for the City of San Pablo. We have served the City on this very contract for the past five years and have the familiar relationships, site knowledge, and successful delivery of work to seamlessly carry on the required services.
SCS is among the premier solid waste and environmental service consulting firms in the U.S. We have 15 offices and 359 highly experienced professional staff in California. Day-to-day work on this project, as we are doing now, will be managed from our Pleasanton office and led by Project Director Jim Ritchie and Project Manager Dan Pelikan.
SCS has strong, existing working relationships with DTSC staff, specifically in Emeryville. SCS has worked effectively with DTSC staff on this and similar projects, and brings the same licensed, registered, and certified professional team to this next phase of work.
This Proposal is for the following service areas:
Service Area 1 (Rumrill Sports Complex Surface Cap Inspections) Service Area 2 (On-call Industrial Hygienists)
BENEFITS OF THE SCS TEAM
We believe the SCS Team’s existing experience and work for the City of San Pablo offers the following benefits:
• Existing record of contract execution with the City on this project for the past five years, with no ramp-up needed.
• Project and client knowledge, attention to detail, and focus on the City’s big-picture needs. • A project team with excellent, existing working relationships with DTSC staff in Emeryville. • Significant experience with municipal on-call services contracts in the East Bay. • A state-of-the art data collection “app” to facilitate field data collection efficiently, accurately, and cost-effectively. SCS Technology Services®, a division of SCS, will custom-design a Site Inspection Checklist for the annual inspections.
• Over 50 years of environmental and solid waste O&M and industrial hygiene support experience in California and throughout the nation.
The SCS Project Team is highly confident we will continue to meet and exceed the City of San Pablo’s expectations for this project and deliver the desired results. It would be a privilege to be awarded this work in continuation of our services. If you have any questions concerning any aspect of this Proposal, please contact me at your convenience.
Sincerely,
James G. Ritchie, PG, QSP
Vice President, Project Director
SCS Engineers
Our Project Team
is working with the
City of San Pablo
on this project and
looks forward to
continuing the
same successes
to this next phase
of work!
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 2
2 ORGANIZATION CHART/ PERSONNEL
Project Team selection is always a function of one overriding objective on each project: to deliver the best solution and best overall value to our Client. We therefore give careful consideration to team members’ scope-specific experience, availability, and scheduled workload when establishing Project Teams. Our longevity, numerous long-lasting client relationships and overwhelmingly positive reputation in the solid waste and environmental consulting industry suggests our senior engineers, planners, and executive leaders understand and embrace this concept on a daily basis.
Ted Sison, REPA, CPSWQ, QSD
On-Call Services Task Lead
Natasha Maranhas
Renee Handley
Cap Inspection/O&M Support
Jed Douglas, CIH, CSP, PG
Certified Industrial Hygienist
Jim Ritchie, PG, QSD
Program Manager/Principal In Charge
Dan Pelikan, EIT, GCI-ICP
Cap Inspection/O&M Task Lead
Cristobal Ramirez, CAC
Asbestos/Lead Sampling Task Lead
KELLCO
Air/Lead/Asbestos On-Call Support
City of San Pablo
Maura Dougherty, PE
Engineering Lead
Figure 1. Organization Chart
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 3
3 QUALIFICATIONS
SCS is a full-service environmental services, engineering, health and safety, and construction firm specializing in supporting public works agencies throughout the U.S. We are one of the oldest and largest privately held environmental services firms in North America. We are a leader in the fields of environmental services, industrial hygiene, occupational health and safety, solid waste engineering and contracting, renewable energy and greenhouse gas (GHG) emission reduction services. A key facet to our services is that we adopt our clients’ environmental challenges as if they are our own.
SCS has provided safety consulting services, including all of the services described in the City’s Request for Proposal (RFP), to the City of San Pablo for the past 5 years. We are fully ready to continue providing the needed personnel and materials to serve the City on this Contract.
Additionally, SCS has experience in every aspect of design, installation, Operations, Maintenance and Monitoring (OM&M) and Reporting associated with encapsulated and/or covered waste or hazardous materials residuals. We’ve gained this experience through extensive work on environmental and solid waste landfill projects.
SCS has established a Project Team comprised of senior professionals from each practice area specific to this project, several of whom have significant longevity with SCS and this Contract.
We are very familiar with and fully capable of meeting the goals and objectives of the City.
The project experience matrix below demonstrates our teams’ qualifications and experience in relation to the requirements outlines within RFP. A selection of the projects listed below (indicated with *) are detailed further in Section 10.
Table 1. Project Experience Matrix
PROJECT
Surface cap inspections,
remediation and
contaminated sites
Reporting and negotiating with
DTSC and other regulatory
entities
Monitoring, sampling, and
removal of hazardous materials
Provide on-call service on short
notice
Successfully meeting state and
federal project requirements
Working collaboratively on an
interdisciplinary team of
consultants
Expense tracking with multiple
funding sources
City of San Pablo
Walters and Wolf
City of Burlingame
*San Mateo East 3rd Landfill
Oyster Bay Landfill
*City of Union City
*City of Berkeley
Tyco/Current Facebook
Campus in Menlo Park
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 4
4 STAFF STATEMENT OF QUALIFICATIONS
JAMES G. RITCHIE, PG, QSD
Jim is a registered Professional Geologist in California with over 36 years of consulting and site environmental site investigation and restoration experience throughout the Western United States. He is the current contract point of contact for on-call services to the City of San Pablo. He has led site investigation, remediation, and large-scale groundwater monitoring and reporting projects, and has overseen the application of remedial approaches to variety of site conditions, including supporting site closures. His experience includes Phase I Environmental Site Assessments (ESAs) and Phase II investigations; landfill and refinery investigations; comprehensive geologic and hydrogeologic studies, groundwater monitoring networks and programs; Conceptual Site Models (CSMs); risk assessment and vapor intrusion modeling; removal and disposal of non-hazardous and hazardous materials; evaluation, development, and implementation of on- and off-site remedial approaches for chemically affected soil vapor/indoor air, soil, and groundwater; water supply well and system siting and compliance; and Storm Water Pollution Prevention Plan (SWPPP) preparation and implementation. He has also led numerous site assessment and redevelopment projects, including Environmental Protection Agency (EPA) Brownfields Grant work, under Voluntary Cleanup Agreements (VCAs) with the Department of Toxic Substances Control (DTSC) and the Regional Water Quality Control Board (RWQCB), as well as under California Land Reuse and Revitalization Act (CLRRA). These redevelopment projects have resulted successful revitalization of numerous chemically-impaired properties into commercial, mixed-use and residential developments.
He has developed and led multidisciplinary teams in accomplishing project objectives, and has worked with myriad local, state, and federal regulatory agencies, clients, and contractors to identify common goals and develop short- and long-term plans for achieving project solutions. He also has extensive experience with fixed price costing, contractual indemnifications, and environmental insurance products resulting in guaranteed price risk transfer solutions for impaired property cleanup and redevelopment.
Project Manager, On-Call Services Contracts, City of Milpitas, Sacramento, San Pablo and Union City , CA. Work includes providing on-call investigation and remediation support to the cities of Milpitas, Sacramento, San Pablo and Union City on an as-needed basis to support Capital Improvement Projects and Brownfields redevelopment projects. Work scopes range from soil characterization prior to construction and disposal, to site investigations, remedy design and implementation, yearly inspection and reporting related to a remedial cap, industrial hygiene services and building materials surveys.
Project Manager, Environmental Consulting Support, Redevelopment of Former Municipal Solid Waste Landfill, Northern California, Private Client. SCS was chosen to help a private developer client evaluate environmental, civil, geotechnical and regulatory issues associated with purchase and redevelopment of a portion of a former municipal solid waste landfill in Northern California. The proposed site redevelopment will include construction of commercial office buildings which will require penetration of the existing landfill cap and contained waste, including an area with documented free phase petroleum product. To date, SCS has reviewed, evaluated and provided recommendations regarding technical documents associated with the site, provided cost estimates for potential future assessment and mitigation measures, provided input regarding contractual and technical discussions with the current owner and municipality, and participated in stakeholder meetings and conference calls. The work is ongoing, and SCS will continue to support the client through site acquisition and redevelopment.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 5
DANIEL J. PELIKAN, EIT, GCI-ICP
As a Senior Project Professional, Dan is responsible for design and project oversight for solid waste and environmental management projects including the City of San Pablo on-call contract and projects in central and northern California. This includes landfill engineering, landfill gas (LFG) management, solid waste studies, landfill environmental systems, quality assurance oversight, budgeting, and construction.
Since 2013, he has completed solid waste facility design, compliance audit, and other environmental projects for municipal and private clients.
His projects have included financial analysis, permitting, design, construction quality assurance (CQA), sampling and analysis, LFG system evaluations, site inspections, and regulatory compliance services. Facilities have included landfills, material recovery facilities (MRFs), transfer stations, support facilities (e.g., roadways, buildings, stormwater), and commercial buildings.
Task Manager, On-Call Services Contract, City of San Pablo and Union City , CA. Work includes providing on-call investigation and remediation support to the cities of San Pablo and Union City on an as-needed basis to support the annual O&M cap inspection, Capital Improvement Projects and Brownfields redevelopment projects. Work scopes range from soil characterization to site investigations, remedy design and implementation, yearly inspection and reporting for a remedial cap, industrial hygiene services and building materials surveys.
City of San Mateo, Semi-Annual Inspection and Assessment, East 3rd Avenue Landfill (Seal Point Park), CA. Senior Project Professional responsible for performing semiannual inspection and assessment of Seal Point Park, as well as development of the semiannual report. The project included an on-site inspection of the entire East 3
rd Avenue Landfill, including observation of final
cover, roads, stormwater controls, ocean embankments, and site security infrastructure.
San Mateo County, Department of Public Works, Hazard Mitigation Evaluation, Closed Half Moon Bay Landfill, CA. Senior Project Professional responsible for preparing a hazard mitigation evaluation report to evaluate options to mitigate risk in regards to sea level rise near the closed Half Moon Bay Landfill. This included geotechnical and geophysical investigations of the site, assessment of armoring beachfront slopes, evaluation and cost estimates for clean closure of the landfill, preparation of a topographic and boundary survey, and a wetland/biological/cultural assessment.
TED M. SISON, REPA, CPSWQ, QSD
During his 19 years at SCS, Ted has performed and managed numerous projects related to the investigation and remediation of environmental contaminants at a wide variety of sites, including farms, chemical manufacturing facilities, manufacturing facilities, apartment complexes, public buildings, shopping centers, vacant lots, landfills, transfer stations, fuel stations, utility easements, Brownfields sites, and oil fields. He has designed, managed, and been involved with a multitude of soil and groundwater investigations, groundwater and soil vapor remediation systems, construction remediation projects, storm water programs at industrial sites, building material assessment and abatement projects, and indoor air investigations. Contaminants of concern have included a variety of petroleum hydrocarbons, chlorinated solvents, heavy metals, polychlorinated biphenyls (PCBs), dioxins and furans, and agricultural chemicals.
Project/Task Manager, On-Call Services Contracts, City of Milpitas, Sacramento, San Pablo and Union City , CA. Work includes providing on-call investigation and remediation support to the cities of Milpitas, Sacramento, San Pablo and Union City on an as-needed basis to support Capital Improvement Projects and Brownfields redevelopment projects. Work scopes range from soil characterization prior to construction and disposal, to site investigations, remedy design and implementation, yearly inspection and reporting related to a remedial cap, industrial hygiene services and building materials surveys.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 6
Tyco Electronics (Former Raychem Facility and Current Facebook Campus), Menlo Park, CA (2001 to 2006). Ted performed soil and groundwater investigations, assisted and directed field crews, collected and mapped confirmation soil samples, performed construction remediation health and safety monitoring, and assisted with a multitude of regulatory documents during multiple phases of Interim Remedial Measures (IRMs) to remove chemical impacts associated with past site activities prior to site redevelopment.
Management of Monitoring Program and Completion of Miscellaneous Environmental Activities, Cesar Chavez Park/Closed Berkeley Landfill, City of Berkeley (2008 to Present). Site is under Waste Discharge Requirements (WDRs), and he manages the monitoring program to ensure constituents are not polluting the Bay. He completes associated routine reports required by the RWQCB, and has also completed several on site investigations and environmental activities requested by the City of Berkeley and the RWQCB.
MAURA E. DOUGHERTY, PE
Maura has more than 20 years combined experience in landfill gas (LFG) projects, construction management and inspection, organics facility planning and design, stormwater and erosion control, waste soils management, compliance, environmental investigation and remediation, and hydrogeological site investigations. Her current experience includes all aspects of LFG projects, including preparing short-term gas collection and control system (GCCS) improvement and long term master plan designs, LFG reserve evaluations, landfill gas-to-energy (LFGTE) feasibility studies, construction, and operations and maintenance (O&M). Maura’s solid waste experience also includes designing composting facilities including facility layout for traffic and material management; converting existing windrow to aerated facilities and expanding on existing aerated facilities; site permitting; stormwater and contact water control; and material throughput and feedstock management.
Republic, 5 Year GCCS Plan, Keller Canyon Landfill, Pittsburg, CA. Prepare five year phasing plans for future GCCS installation based on waste fill plans. In addition, assist the client with engineer’s estimate for procurement of materials and construction of proposed GCCS improvements for each year in the five year plan and for the estimated life of site.
Republic, 5 Year Plan LFG Sequencing, Vasco Landfill, Livermore, CA. Prepare five year phasing plans for future GCCS installation based on waste fill plans. In addition, assist the client with engineer’s estimate for procurement of materials and construction of proposed GCCS improvements for each year in the five year plan and for the estimated life of site.
JED DOUGLAS, CIH, CSP, PG
Jed is SCS’ National Expert on Industrial Hygiene, and a Senior Technical Advisor specializing in Occupational Health and Safety issues. He is a Certified Industrial Hygienist (CIH), a Certified Safety Professional (CSP), a Professional Geologist (PG) in California and a Leadership in Energy and Environmental Design Accredited Professional (LEED AP). He has 30 years of experience as a health and safety specialist and project manager, having managed numerous projects involving: safety; soil and groundwater investigations and remediation of hazardous constituents; and, indoor air quality (IAQ) assessments for physical, chemical, and biological contaminants.
Health and Safety Coordinator, SCS Southwest Region, CA. Jed is currently designated as the health and safety coordinator for approximately 70 employees in 5 offices. He performs new employee health and safety orientations; coordinates office emergency response; performs incident investigations, annual ergonomic evaluations, and field health and safety compliance audits; provides safety training and respirator fit testing; performs exposure sampling; and reviews standard operating procedures (SOPs).
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 7
Former U.S. Army Base Fort Ord, Monterey, CA. Jed was the Project Geologist providing oversight of landfill capping activities and leading removal activities at this former military base. He also collected air samples for airborne contaminants, including dust and heavy metals, and soil and groundwater samples for environmental monitoring. He prepared reports, including interpretation and presentation of laboratory analytical data.
CRISTOBAL RAMIREZ, CAC
Cris is an environmental professional with 20 years of experience in the United States, Canada, and Mexico. As a bilingual speaker in Spanish and English, he has provided environmental services for clients in the United States and Mexico. His experience includes completing over 2,000 environmental assessments and implementing remediation activities for contaminated properties. He is an expert in performing Environmental Site Assessments (ESAs) according to U.S. EPA 40 CFR, Part 312, Standards and Practices for All Appropriate Inquiry (AAI); and Final Rule and American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process E 1527-21. Cris has developed a systematic approach that results in consistently high-quality information for protecting relevant parties from unexpected risk. In addition to ESA services, he has completed subsurface investigations, health and safety plans, community health and safety plans, geophysical surveys, soil vapor surveys, health risk assessments, remediation conceptual cost estimates, property mitigation plans, and soil reuse plans.
As a California Certified Asbestos Consultant (CAC), Cris routinely conducts asbestos surveys, prepares specifications and cost estimates for abatement, assists with abatement contractor selection, oversees abatement activities, and provides clearance sampling and analysis. He applies his knowledge of AHERA to efficiently assess and remediate hazardous materials.
Tower 180 Owner, LLC. SCS provided environmental consultant services in connection with abatement of asbestos-containing materials (ACMs) at the site: a 25-story building, an 8-story annex, and a parking garage. Specifically, SCS was retained to prepare a work plan for abatement of ACMs and asbestos-containing construction materials (ACCMs); to perform asbestos abatement monitoring, visual inspection, and air monitoring during and after asbestos abatement activities conducted at the building by owner and its contractor; and to provide other as-needed consulting services in connection with the work being performed.
Verde Valle Landfill Feasibility Study. SCS is developing an approach to economically recover methane and convert it into energy at the Verde Valle Landfill in Tijuana, Mexico. As part of the SCS Landfill Gas-to-Energy (LFGTE) team, Cris was responsible for performing a landfill gas investigation and interviewing people associated with the landfill to determine historical activities at the landfill.
The majority of people interviewed were Spanish speakers.
NATASHA MARANHAS
Natasha has a solid academic background in geology and related sciences, including geomorphology, hydrogeology, physical and historical geology, sedimentology, stratigraphy, structural geology. She also has experience with field methods, GIS, and AutoCAD. Prior to joining SCS, she worked for the Livermore Area Parks and Recreation District, performing tasks associated with riparian restoration and stream maintenance, including performing multiple aspects of vegetation maintenance, planting trees, using willows to stabilize biotechnical banks, and utilizing various methods of non-invasive weed control. As part of this work, she also calculated waste removal from local streams utilizing an agency-approved protocol to meet mandated regulatory reporting requirements. Natasha is proficient in data entry, analysis, graphing, and reporting, and utilizes
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 8
AutoCAD for mapping. She has been responsible for oversight and field sampling and analysis during excavation projects, as well as inspections and sampling during storm water projects.
Union City, Alameda County, CA. Work performed to evaluate soil, soil vapor, and indoor air quality at and near a facility in Union City. Fieldwork includes 8 hour Indoor air sampling, background air sample collection, oversight of soil vapor probe installations, conduct soil vapor sampling, and collection of soil samples.
WSAFCA Time Oil Remediation, Yolo County, Sacramento County, CA. Installed Monitoring Wells at a facility in West Sacramento.Fieldwork includes soil boring logging using the USCS, and oversight of monitoring well installations, soil sampling, and groundwater sampling.
RENEE A. HANDLEY
As a Technical Associate at SCS, Renee is responsible for providing environmental assessment, monitoring, sampling, inspection, research, data management, and design support services for municipal and private clients. She conducts assignments in field and office settings, focusing on research, basic technical analysis, data review and compilation, and regulatory compliance under the direction of supervisory staff.
Fieldwork includes environmental sampling or monitoring. Other projects include waste composition studies, rate studies, compliance audits, site assessments, and preparation of various procurement documents.
County of Butte, LFG Operations Monitoring and Maintenance (OM&M), LFG Engineering, Air Quality Permitting and Compliance for Neal Road Landfill, Paradise, CA. Renee is involved in monthly site inspections and regulatory sampling, including stormwater collection, compost ponds, and leachate sumps. She also assists with data review for quarterly reporting.
County of Stanislaus,
Monitoring, Sampling, Testing, and Reporting for Fink Road Landfill, Crows Landing, CA. Renee is involved in monthly site inspections and regulatory sampling, including stormwater collection and compost ponds. She also assists with data review for quarterly reporting.
TIM CANNARD—Subconsultant, Air/Lead/Asbestos On-Call Support Tim Cannard is highly respected Asbestos, Lead Paint, Mold/Indoor Air Quality and other Hazardous Materials consultant. He is known for his no-nonsense approach to work and his desire to limit his clients’ liability without sacrificing health, safety or unnecessary project dollars. He has an excellent reputation with regulatory agencies, which he considers a “partner” in the endeavor to treat hazardous materials responsibly and reasonably.
Tim joined KELLCO in 1990 after retiring from a successful career of 22 years in the telecommunications industry. His experience included construction and remodeling of buildings and facilities, acquisitions and use of land for telecommunication sites. Tim has been KELLCO’s principal hazardous materials consultant of choice for clients such as Bay Area Air Quality Management District. Dept. of Parks & Recreation, U.S. Army Corps of Engineers, AT&T, Dept. of Housing & Urban Development, California State Prison System, U.S. Coast Guard, Various Land Developers and many California School Districts. He excels in awareness training for Architects & Engineers, subcontractors, and other staff and trades that will be working on hazardous sites.
Tim’s ability to describe complicated environmental issues in simple terms has made him and effective liaison with the general public, regulatory agencies, unions and public forums. He also provides community awareness, speaking to groups of residents and tenants of clients’ buildings.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 9
5 PROJECT MANAGEMENT AND STAFF AVAILABILITY
Jim Ritchie will oversee project updates under the direction of City staff. In addition, he will monitor timelines, review and evaluate document delivery, ensure quality control and assist in facilitating meetings. We have also outlined additional points of contact for each individual scope.
Primary point of contact: James Ritchie, [email protected], 650-995-3312 Scope 1 point of contact: Dan Pelikan, [email protected], 925-436-4003 Scope 2 point of contact: Ted Sison, [email protected], 925-426-0264
PROJECT MANAGEMENT
Careful planning and strong project management are keys to any successful project or program. The SCS Team members have valuable Project and Program Management experience, as well as the necessary tools to support City staff in managing the project. Successful project management is the result of regular client communication; careful project planning, budgeting, and scheduling; and routinely adhering to all contractual and quality management controls.
SCS embraces value engineering principles and strives to find opportunities for efficiency in our work typified by coordinating project teams with an appropriate mix of senior, mid-level, and junior staff to optimize quality and cost controls; competitively bidding all subcontracted work; utilizing diversity subcontractors as appropriate; and proactively seeking client input and feedback regarding risk management and control impacts to scope and overall project cost.
Our Project Managers are trained to track and maintain budgets; prepare and submit invoices according to contract requirements; oversee timely execution of project milestones, tasks, and deliverables; attend meetings, teleconferences, and planning sessions; and maintain regular, effective communications with client staff/project manager(s), regulators, and other stakeholders, as appropriate to the project design.
SCS uses the Deltek Vision® software program for project accounting, timesheet completion, and budget control. Jim will use Vision® to monitor project budgets and status in real time, including all labor, invoices, and expenses, prior to final entry onto the project. This information is readily available to each Project Manager and can be used to inform the regular progress meetings with City staff.
Jim will also manage the Newforma® Project Center utilized by SCS creates a productive environment by organizing project information, facilitating information exchange with internal and external project team members, and enabling more efficient project processes. It integrates information from multiple sources, such as CAD, Microsoft Office, .PDF files, and email, enabling project management to search, compare, review, mark up, transfer, and use the information more effectively. In addition, the Timeline Activity Center can be used to view, add, edit, and management project milestones, phases, and events.
While other firms responding to this RFP may also be well qualified, we believe our Team’s experience, scale and composition continues to be a perfect fit for this particular project. We are local, well versed in the project requirements, have the required depth of expertise (both locally and regionally), and have strong qualifications and references. As a demonstration of value engineering and our commitment to the City and this project, we are pleased to offer to attend any and all project meetings for the contract duration without charging for travel time or expense.
SCS is committed to providing
the City with Superior Client
Service, a core value of our
firm and the foundation for
our 52 years of success.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 10
SCS offers the City a uniquely distinguished Project Team ready to continue serving on this project; a secure, easy to use collaboration/document management system; and a proven project management approach that provides cost controls, approvals, and budget tracking throughout the project. We trust our submittal demonstrates that SCS can continue to meet and exceed the City’s expectations for this project.
STAFFING PLAN
Based on the current and anticipated workload of all Team members, we can confirm our Team’s availability to continue to serve this project immediately following contract renewal/execution.
We expect all Team members to be available for the full duration of the contract. However, if our workload increases significantly to the point where it may potentially impact our ability to perform services to the high standards we are committed to, we will assign additional resources, as necessary. Should it be necessary to assign personnel not noted in this Proposal, we will provide appropriate verbal and written notification as to the individual’s qualifications for meeting all expectations for the assigned tasks.
Table 2, below, provides the details on the availability of project team. As previously noted, SCS would propose to use qualified Junior Staff, working under the supervision of an O&M Professional to reduce costs, assuming this meets with DTSC’s and City of San Pablo’s approval.
Table 2. Staff Availability
Proposed Project Staff Percentage Available
James Ritchie 30% available
Dan Pelikan 100% available
Ted Sison 25% available
Maura Dougherty 15% available
Jed Douglas 15% available
Cristobal Ramirez 20% available
Renee Handley 100% available
Natacha Maranhas 100% available
Tim Cannard (sub) 25% available
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 11
6 PROJECT APPROACH
Our primary goal is to continue to work synergistically with the City Project Manager to execute the scope of services detailed in the RFP. During the project execution, SCS will assist the City in complying with California Occupational Safety and Health Administration (Cal-OSHA) requirements and DTSC regulations.
Consistent with this goal, SCS is committed to continuing to perform the proposed project in a highly collaborative manner. We are available to continue work already underway upon contract execution (extension) and fully expect to complete all components of the project on schedule and within budget.
Utilizing the recognized technical guidance (e.g., DTSC, NIOSH, etc.), SCS has performed the proposed scope of services for the City of San Pablo and numerous other municipal clients over the years. We have developed a consistent and proven “hands-on” approach that effectively engages all stakeholders (employees, management, union representative, etc.) to produce a fully compliant and effective work product.
Our overall collaborative approach on this project will include:
• Updating and/or continuing a prioritized sequence for the execution of project tasks with the City’s Project Manager and issuing a project-specific Proposal that will detail the project task(s), methodologies, completion timelines, and project costs. • Scheduling and conducting all required tasks, and documenting completion of each. • Drafting each applicable written deliverable, as applicable under the RFP scope of services and providing the City with an opportunity to provide one round of edits per program. • Discussing and incorporating City-provided edits, as appropriate, for each written deliverable. • Finalizing each written deliverable.
SCS also believes that the principal element to an effective partnership with our clients is continuous and open two-way communication. As the City’s safety consultant, we propose to continue a positive working relationship with the City staff responsible for long-term sustainability of these services. This will include seeking input from the City on areas of improvement.
We hope to continue to further collaborate with the City staff as follows:
1. SCS submits task Proposals for the City’s consideration. If the Proposal is approved, the City issues a Purchase Order and SCS completes the assignment.
2. SCS assumes all field work will be scheduled during normal office hours on weekdays. Any task requirement outside this parameter will need to be mutually agreed to prior to initiating the Purchase Order process.
3. City will provide access to all records and facilities in a timely manner.
Specific to the scope of work detailed in the RFP, SCS will continue to complete annual, event, and five-year inspections/reports for the 1509 Rumrill Boulevard, San Pablo, California property on behalf of the City (using the inspection checklist provided in Exhibit 2 of the RFP for the Annual and Event elements). The purpose of these inspections and reporting is to continue to document the results, within the required time frames detailed in the RFP, for each inspection performed at the subject property and verify compliance with the site’s DTSC approved Remedial Action Completion Report (RACR), the City’s Operations and Maintenance (O&M) Plant, the US
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 12
Environment Protection Agency (US EPA) Five-Year Review Guidance (Five-Year Inspection) and the Land Use Covenant (LUC).
During the inspections, SCS will continue to make the following consistent observations:
• The use of the subject property has not changed since previous investigations. The subject property is not used for any of the following purposes: a residence, a hospital, a public or private school, or a day-care center for children.
• The subject property is vacant and no structures are constructed over the capped areas. The integrity of the capped areas are not compromised (e.g., by inadvertent signs, piers, vandalism, or natural causes).
• Site security remains intact and restricts public access. • Erosion control vegetation and/or engineered erosion control features remain adequate to allow for proper drainage of the Site. Drainage structures appear to be intact and functioning properly. No soil erosion was observed.
• Survey hubs previously placed at the corners of the restricted land use areas are in place.
SCS will prepare each report on behalf of the City, and working with the City Project Manager or designee, to document the items listed above, as well as general integrity of the capped areas.
SCS will coordinate with the City should any deficiencies or areas requiring maintenance be found.
SCS assumes the electronic copies of Site drawings and plans in our possession are sufficient and we propose to continue to incorporate these drawings in our reports required by DTSC. We furthermore assume ready access to the Site for our inspections. Where possible, SCS will continue to use qualified junior staff labor (for instance, Subtask leader Natahsa Maranhas) under the supervision of an O&M Specialist to reduce project costs.
Additionally, SCS will provide on-call industrial hygiene and hazardous material assessment services that are detailed in the RFP. As each scope of work will be defined and coordinated with the City Project Manager or designee and an independent proposal will be generated to define each work scope and the assessment methodology(ies), including the applicable sampling /analytical method(s), to be utilized for the referenced assessment. Each task will be concluded with a written report the will detail the scope of work, the field work elements, results of the data collected, and our conclusions and recommendations as are applicable. SCS understands that each assessment will be coordinated through the City Project Manager or designee.
SCS will provide our On-Call services in a timely manner. We will respond to City requests for support within 24 hours, and more rapidly if desired by the City. As part of our On-Call contract experience, we employ an approach that allows us to offer more rapid response times, based upon project kick off and goal-setting discussions with our clients at the contract outset.
QUALITY ASSURANCE/QUALITY CONTROL
Consistently producing work of high quality does not happen unless an organization’s senior leadership encourages and supports it consistently. SCS employees across all divisions adhere to a companywide Quality Management System (QMS) that conforms to EPA Requirements for Quality Management Plans, EPA QA/R-2, EPA/240/B-01/002, reissued May 2006. The purpose of the SCS QMS is to provide the framework to plan, implement, and assess the effectiveness of quality assurance (QA) and quality control (QC) operations within SCS. The QMS addresses all aspects of work performed by SCS and is fundamental to SCS’s vision of being the environmental firm of choice
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 13
for clients and employees. All evaluation services performed for the City of San Pablo will meet or exceed your expectations for timeliness, integrity, and quality.
Our overall objective is to provide quality solutions to safety and environmental problems in an ethical manner. Briefly summarized, the SCS QMS requires that SCS staff (and our subcontractors) have the necessary training and skills, use the proper tools, and employ sound procedures to address each client’s specific needs. All professional staff are tasked with continuously seeking to improve the quality of the services SCS delivers by checking our work methodically, considering new technologies and work processes to enhance efficiencies and lower clients’ costs, and documenting compliance with the SCS QMS.
ENVIRONMENTAL SERVICES PROJECT APPROACH FOR ON-CALL WORK SCS' successful project management is the result of regular client communication; careful project planning, budgeting, and scheduling; and adhering to all contractual and quality management controls. SCS strives to support each project by competitively bidding subcontracted work and using diversity subcontractors, as appropriate. We proactively seek client input and feedback for risk management and to control impacts to project scope and overall cost. Our approach to performing site assessment and site clean-up projects is guided by three overriding principals:
1. Each site is unique;
2. Health and Safety is always the highest priority; and
3. Combining our expertise with our client's, and working together, produces better information, better decision-making, and better outcomes every time.
From the outset, the SCS Project Manager will communicate directly with the City’s Project Manager, beginning with a kick-off meeting or discussion to clarify goals, expectations, budget and schedule.
The SCS Project Manager, Jim Ritchie, will direct SCS staff who have experience performing the specific work in a given Task Order. Once staff are fully versed on a specific project’s needs and challenges, and with City consent, project staff may communicate directly with City personnel for efficiency. The SCS Project Director and Project Manager will be accessible and available to the City as needed.
SCS follows established industry standards when planning and conducting each project. We also comply with current State and Federal labor, health and safety regulations, including but not limited to those regulated by Occupational Safety and Health (OSHA), CA-OSHA, Asbestos Hazard Emergency Response Act (AHERA), and the National Institute of Occupational Safety and Health (NIOSH). Our team’s extensive local knowledge, regulatory agency relationships, and practical experience assessing the environmental condition of sites, informs our work related to peer reviews, site assessments, site investigations, site clean-up plans, and remedial implementation programs.
The City’s time is valuable to SCS. We are committed to timely responses to the City’s requests. We strive to respond to every request within the same business day, preferably within at least two to four hours when possible. SCS continuously benchmarks above 4.8 out of 5 in our client performance evaluations based on: 1) responsiveness, 2) project management, and 3) communication to ensure quality service.
Our Project Manager will set up field visits and coordinate/correspond with City personnel to ensure the project needs are met in a timely manner. SCS maintains an office located in Pleasanton, California staffed with environmental consulting professionals of different backgrounds.
We also have access to additional support and expertise through our network of 70+ offices throughout the nation, including our corporate headquarters in nearby Long Beach, California. Our
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 14
local office has the equipment and supplies typically needed for environmental assessments/investigations, which helps us respond to emergency situations as fast as possible.
SCS uses the following project controls for budgeting, scheduling, and quality assurance/quality control (QA/QC) processes:
• Deltek Vision® (Vision) software program for project accounting and budgetary control. Vision includes a web-based application that allows SCS to quickly provide authorized client staff with financial reports, such as invoice summaries, and total, up to date project costs, upon request. • Newforma Project Center (Newforma) to aid project management. Newforma is an easy-to-use repository that streamlines the exchange of information and reports between all parties involved in a project. Authorized users can upload and retrieve project documents in real-time, access and security is controlled through the use of user names and passwords, and no additional software is needed.
• SCS embraces a company-wide Quality Management System (QMS) which conforms to current USEPA Requirements for Quality Management Plans to ensure quality across the spectrum of our work. Our QMS program requires our staff and all sub-consultants to have the necessary training and skills, use the proper tools, and employ sound procedures. Our QMS program ensures we perform all project tasks in a timely, efficient, and scientifically defensible manner. We apply the QA/QC process throughout each project including fieldwork planning, execution, and reporting, using senior-level staff review and professional certification of each client report prior to delivery to ensure compliance with project requirements and professional expectations for organization, clarity, accuracy, and completeness. The QC process is addressed at the onset of every project through internal and client kickoff meetings to establish quality and schedule objectives that support our clients’ needs.
SCS has served our public clients’ environmental needs for over 50 years, applying our experience and expertise to help our clients meet their project objectives and to avoid costly mistakes. Our long standing service to the public sector means we understand the challenges our client’s face regarding budgetary and staffing demands, and the important fiduciary responsibility that comes with managing public funds.
To earn and maintain the trust of the City (and our clients), we are committed to:
• Continued regular, open, two-way communication and the sharing of expertise between consultant and client. We believe this produces better information, better decision-making, and better results every time. We believe strongly in a collaborative approach to understanding each project’s unique challenges and delivering customized, practical, cost-effective solutions. • Fully understanding expectations before and during project work greatly influences project success. We know how important it is to our clients that we provide accurate quotes and proposals before being awarded a project. Our commitment in this area is evidenced by our record of submitting few, if any, change orders on the projects we are awarded. • Cost effectiveness, using competitive rates, appropriate use of staff for each job, and competitively bidding key subcontracted services.
• Value engineering on every project to proactively seek ways to save our clients’ time and money. This fundamental operating philosophy has served SCS well for over 50 years and will continue to be the model that underpins all of the services we provide. When our project managers focus on adding value rather than maximizing SCS’s bottom line, we build trust and long-term relationships.
• Path forward planning without lost time or ramp up time, to develop the best approaches and solutions for each project. We do this by collaborating with our clients, bringing to bear our
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 15
experience, technical competence, and strong local knowledge, rooted in hundreds of relevant projects and hundreds of years of collective relevant experience across the project team.
SCS’S CORPORATE COMMITMENT TO SAFETY
Every work day, SCS commits to safeguard our employees, our clients’ employees, and our subcontractor’s employees’ health and welfare, as well as our clients’ facilities and operations. This is not just corporate- speak. It is a value we strongly believe in, practice, and continuously strive to improve. We truly believe Safety is a Value.
At SCS, we strive work in a professional, productive, safe, and high- quality manner, and to continually improve our health and safety performance. Concern for the health and safety of our employees is our greatest responsibility, along with safeguarding the general public and our clients’ property. Safety is an integral part of how we do business, and we have adopted a comprehensive plan to carry out that philosophy. It is our goal to eliminate unsafe practices and conditions, and to have zero accidents and injuries.
Further, it is the policy of our company to promote excellence in our health and safety performance by implementing the following principles:
• Comply with all applicable environmental, health, and safety regulations to ensure the safety of the public and that of our employees and contractors.
• Strive to provide a workplace free from known and recognizable hazards. • Give employees the authority to stop unsafe practices, to stop work if necessary, and to inform supervisors immediately, and without fear of reprisal, when unsafe conditions are present. • Take prompt action to correct or control unsafe conditions or work practices. • Provide the necessary tools, equipment, and training for employees to perform their work in a safe manner.
• Promote safety awareness by implementing a Behavior-Based Safety Program. • Investigate all significant incidents, conduct a root cause analysis, when appropriate, and communicate lessons learned to the employees.
• Continually improve our health and safety performance and evolve our safety culture. • Integrate health and safety considerations into business planning, decision making, and daily activities.
• Maintain appropriate standards and procedures that address and support all phases of this policy, with periodic review to assure their effectiveness in meeting regulatory compliance.
SCS has provided safety and industrial hygiene services to municipal and commercial clients in California for over 50 years and has significant expertise helping municipalities and commercial businesses comply with all federal, state, and local health and safety regulations.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 16
7 SCHEDULE OF WORK
We understand your critical schedule and the need to meet your deadlines. To this end, our scope of work, cost estimate, project schedule, and project team have all been developed with your goals and schedule in mind. In our nearly 50-year-history, our firm and our professional staff have been known for delivering on our promises and helping our clients be successful with their endeavors.
We make that commitment to you.
PROPOSED SCHEDULE
Annual inspections will performed during the month of July of each year. A draft annual report will be submitted to the City within 2-weeks from the date of the inspection. A final report will prepared to address any City comments within 1-week of receipt of comments.
The 5-year inspection will be performed during the March of 2026. A draft 5-year review report will be submitted to the City within 4-weeks from the date of the inspection. A final report will be prepared to address any City comments within 1-week of receipt of comments.
Any additional services will be performed according to schedules established between the City and SCS, consistent with our historic performance on this Contract. We will continue to strive to meet or exceed the City’s expectations.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 17
8 COST PROPOSAL
As required by the RFP, we have included our Fee Schedule below. Please note that the Fee Schedule is based upon several assumptions:
• SCS will be provided electronic copies of Site drawings and plans to facilitate document preparation. • SCS will be afforded ready, reasonable access to the Site for inspections. • Project Management services will be provided as-needed on a time-and-materials basis. • Where possible, and with DTSC and City of San Pablo approval, we will use qualified Junior Staff, working under the supervision of the O&M Professional to reduce project costs.
Table 3. Cost Estimate
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 18
9 METHOD OF PAYMENT
Our proposed method of payment conforms to the RFP: 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.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 19
10 REFERENCES
SCS is proud of the work we do and extremely proud of our long-standing excellence in the solid waste industry. We are especially proud of our work for the City of San Pablo on this very contract over the past 5 years. We offer the three required project experience with client references below and we encourage the City to contact these clients to discuss our performance on projects similar in scope and nature to those being requested through this solicitation.
Inspections and Report Preparation for Surface Cap at Voluntary Cleanup Site and On-Call Industrial Hygienist, City of San Pablo San Pablo, CA
SCS has been providing the City of San Pablo Operations and Maintenance (O&M) professional services for annual inspections for DTSC-approved surface cap to identify potential deficiencies or problems and comply with the requirements of a voluntary clean-up agreement between DTSC and the Successor Agency to the Redevelopment Agency of San Pablo. In addition, SCS has been providing the services of a Certified Industrial Hygienist (CIH) on an on-call basis as well as as- needed environmental services (Phase I ESAs, lead-based paint, asbestos and mold investigations).
We have successfully performed these services according to the established schedules, incorporating the City’s review and comment periods.
Contract Information
Primary Client Contact: Project Terms: SCS Team:
Amanda Booth,
Environmental Program
Analyst
City of San Pablo
13831 San Pablo Avenue,
Building 3
San Pablo, CA 94806
510-215-3066
[email protected]
2016 – On-going
Budget:
Over $83,000 to date
Jim Ritchie, Project Director
Dan Pelikan, EIT, Regulatory/
Engineering Mngr.
Natasha Maranhas, Staff Professional
Groundwater Monitoring and On-Call Engineering And Permitting Support, City Of Union City
Waste Consolidation Area, Union City, CA
Union City contracted with SCS to assist with annual inspections, groundwater monitoring, clean closure planning, and on-call engineering and regulatory support at the closed Waste Consolidation Area Landfill.
Our work has included:
• Providing “on-call” engineering services to assist with technical and regulatory issues as they arise. This has included items such as post-closure cost estimate updates and an assessment and cost estimate for the complete clean closure of the landfill. • Providing ongoing groundwater monitoring and reporting. • Performing routine observations of landfill cover and drainage systems, and making recommendations for corrective repair as appropriate.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 20
SCS has provided technical, engineering, environmental and permitting assistance to the Union City for over 7 years and has proven its expertise, attention to detail, environmental and regulatory knowledge throughout our long going relationship with the City. Following assessment of the clean closure, the City determined that clean closure would not be feasible due to costs, and the site will remain under monitoring and inspection for the foreseeable future. SCS continues to provide inspection and monitoring services and on-call engineering support for the City.
Contract Information
Primary Client Contact: Project Terms: SCS Team:
Farooq Azim
Union City
Department of Public Works
34009 Alvarado-Niles Road
Union City, CA 94587
510-471-3232
[email protected]
2017 – On-going
Budget:
Over $500,000 to date
Jim Ritchie, Project Director
Dan Pelikan, EIT, Regulatory/Engineering
Manager
Ted Sison, Task Manager
Natasha Maranhas, Field Services
Support
Site Monitoring, Reporting, and On-Call Engineering and Permitting Support, City of San Mateo
Closed Third Avenue Landfill, San Mateo, CA
The City of San Mateo contracted with SCS to assist with annual site inspections, groundwater monitoring, landfill gas monitoring and operations, feasibility studies, and on-call engineering and regulatory support at the closed Third Avenue Landfill.
Our work has included:
• Providing “on-call” engineering services to assist with technical and regulatory issues as they arise. This has included items such as post-closure cost estimate updates, fencing and beachfront armoring feasibility studies, landfill aerial surveys and documentation, and regulatory inquiries.
• Providing ongoing groundwater and landfill gas monitoring and reporting. • Performing routine observations of landfill cover and drainage systems, and making recommendations for corrective repair as appropriate.
SCS has provided technical, engineering, environmental and permitting assistance for the City of San Mateo for over 7 years and has proven its expertise, attention to detail, environmental and regulatory knowledge throughout our long going relationship with the City. SCS continues to perform all semi- annual site inspections, groundwater and landfill gas monitoring and reporting, and is currently working a providing assistance in slope armoring repairs at the site.
Contract Information
Primary Client Contact: Project Terms: SCS Team:
Sarah Scheidt
Regulatory Compliance Mgr.
City of San Mateo
1949 Pacific Blvd
San Mateo, CA 94403
408-747-7223
[email protected]
2017 – On-going
Budget:
Over $85,000 per year
Dan Pelikan, EIT, Regulatory/Engineering
Mngr.
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 21
On-Call Consulting, Monitoring, and Reporting, Closed Landfill/Park, City of Berkeley
Berkeley Landfill/Cesar Chavez Park, City of Berkeley
SCS has been under contract to perform compliance related activities at the closed Berkeley Landfill/Cesar Chavez Park since 1994. This includes performance of routine landfill related groundwater and leachate monitoring, surface inspections, landfill gas (LFG) system operations, monitoring and maintenance (OM&M), and reporting in compliance with various permitting requirements.
SCS also routinely performs on-call, as-needed activities including maintenance activities (repairs to service roads, surface water conveyance structures and LFG system features), survey updates, responses to regulatory agency reports and questions, and other Site compliance activities as needed.
Over the last 7-8 years SCS has also completed a handful of other smaller projects that required stormwater and environmental site assessment services at Sites including the Berkeley transfer station and the Berkeley marine center.
Contract Information
Primary Client Contact: Project Terms: SCS Team:
Samantha Kinstrey
City of Berkeley
Department of Public Works
1947 Center Street, Suite 400
Berkeley , CA 94704
510-981-6636
[email protected]
2017 – On-going
Budget:
Over $895,000 to date
Ted Sison, Project Manager
Natasha Maranhas, Staff Professional
Renee Handley, Staff Professional
Rumrill Sports Complex Annual Cap Inspections www.scsengineers.com & On-call Industrial Hygienists 22
11 CONSULTANT CONTRACT STATEMENT
Below is a list of minor proposed modifications to the City’s Agreement. 16 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 acts, errors or omissions in 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 Indemnified 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.
(21) Ownership 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 upon completion and payment for same. 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.
(32) Copyright. Upon City's request and payment in accordance with this Agreement, 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. The parties agree that Consultant shall have no responsibility or liability to the City or to any third party in connection with the City's use of the documentation beyond the purposes set forth in this agreement.