Item 1.4 - Approval of Consultant Agmt; Enviro Engineering Consulting Svc; Ninyo & MooreOF POW9Y
CITY^IN' THE90�U
City of Poway
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
RESOLUTION NO.
DATE: January 10, 2017
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Housing Authority
FROM: Robert Manis, Director of Development Services
CONTACT: Melody Rocco, Senior Civil Engineer
(858) 668 -4623 or mrocco powa�org
SUBJECT: Approval of Consultant Agreement for As- Needed
Environmental Engineering and Consulting Services
Summary:
After reviewing responses to a Request for Proposal, staff has selected Ninyo & Moore
Geotechnical & Environmental Sciences Consultants (Ninyo & Moore' to provide as-
needed environmental engineering and consulting services. The length of the agreement
is from January 10, 2017, through January 9, 2019, with a provision to mutually extend
the agreement with three extensions of one year each. As- needed environmental
engineering and consulting services will support Development Services staff for capital
improvement and housing related projects.
Recommended Action:
It is recommended that the City Council and Poway Housing Authority authorize the City
Manager to execute the Agreement with Ninyo & Moore Geotechnical & Environmental
Sciences Consultants (Attachment A), for as- needed environmental engineering and
consulting services per the outlined terms of the Agreement.
Discussion:
In November 2016, the City sent out a Request for Proposal for as- needed environmental
engineering and consulting services. Staff reviewed the five proposals that were received
and selected one proposal, Ninyo & Moore, on the basis of qualifications and rates.
Consulting services may include but are not limited to Phase I and Phase it environmental
site assessments, mold, lead, and asbestos surveys and human health risk assessments.
Environmental Review:
This item is not subject to California Environmental Quality Act review.
Fiscal Impact:
Funding for environmental engineering and consulting services associated with housing
projects under this agreement is within individual Housing Program project budgets.
Funding for services related to public projects is within individual Capital Improvement
Program project budgets.
1 of 20 January 10, 2017, Item # (.i
Approval of Consultant Agreement for As- Needed Env Eng and Consulting Services
January 10, 2017
Page 2
Public Notification:
Ninyo & Moore, Attn: Stephan A. Beck, 5710 Ruffin Road, San Diego, CA 92123
Attachments:
A. Standard Agreement for Consultant Services with Ninyo & Moore Geotechnical &
Environmental Sciences Consultants including the Scope of Work and Fee
Schedule
Reviewed /Approved By: Reviewed By: Approved By:
-4 , I ,
Wendy Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
2 of 20 January 10, 2017, Item # N
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 10th day of January, 2017, by and between
the CITY OF POWAY, a municipal corporation, and POWAY HOUSING
AUTHORITY, a public body, corporate and politic, (hereinafter referred to as "City ")
and NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES
CONSULTANTS, a California corporation, (hereinafter referred to as "Consultant ").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform
as- needed environmental engineering and consulting services; and
WHEREAS, Consultant is an environmental engineering firm and has
represented that Consultant possesses the necessary qualifications to provide such
services; and
WHEREAS, City has authorized the preparation of an agreement to retain the
services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY
RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled
"Special Provisions" and Exhibit "B" (Scope of Services and Fee Proposal from the
proposal from Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
dated December 8, 2016), both of which are attached hereto and made a part hereof,
as if fully set forth herein.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A"
entitled "Special Provisions" and Exhibit "B" (Scope of Services and Fee Proposal from
the proposal from Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
dated December 8, 2016), both of which are attached hereto and made a part hereof,
as if fully set forth herein.
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3 of 20 ATTACHMENT A January 10, 2017, Item # t-1
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60 -day written notice to
Consultant. During said 60 -day period Consultant shall perform all consulting services
in accordance with this Agreement. This Agreement may be terminated by City for
cause in the event of a material breach of this Agreement, misrepresentation by
Consultant in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by City. Termination for cause
shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information
to enable Consultant to effectively perform the services. Consultant shall treat all such
information as confidential, whether or not so identified, and shall not disclose any part
thereof without the prior written consent of the City. Consultant shall limit the use and
circulation of such information, even within its own organization, to the extent necessary
to perform the services. The foregoing obligation of this Paragraph 5, however, shall
not apply to any part of the information that (i) has been disclosed in publicly available
sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in
publicly available sources of information; (iii) is now in the possession of Consultant
without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure
thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this contract
without the prior written consent of the City. In its performance hereunder, Consultant
shall comply with all legal obligations it may now or hereafter have respecting the
information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its
sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or
person, other than a bona fide employee working for Consultant, to solicit or secure this
Agreement, that it has not paid or agreed to pay any company or person, other than a
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4 of 20 January 10, 2017, Item # � -4
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement
without liability, or, at its sole discretion, to deduct from the Agreement price or
consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City
and shall be delivered to City by Consultant upon demand. Consultant shall maintain all
records containing raw data provided to, or collected by Consultant, for a period of not
less than three (3) years following the completion of the Scope of Services. In lieu of
maintaining records of such data, Consultant may deliver the records to City in such
format as City shall request at any time after the completion of the Scope of Services.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant
or perform services of any kind for any person or entity whose interests conflict in any
way with those of the City of Poway. Consultant shall at all times comply with the terms
of the Political Reform Act and the local conflict of interest ordinance. Consultant shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the City in which the Consultant has a financial interest as
defined in Government Code Section 87103. Consultant represents that it has no
knowledge of any financial interests which would require it to disqualify itself from any
matter on which it might perform services for the City.
"Consultant" means an individual who, pursuant to a contract with a state
or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license,
application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract
provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval
and to which the City is a party, or to the specifications for
such a contract;
6. Grant City approval to a plan, design, report, study, or similar
item;
7. Adopt, or grant City approval of, policies, standards, or
guidelines for the City, or for any subdivision thereof; or
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5 of 20 January 10, 2017, Item # 1.4
(B) Serves in a staff capacity with the City and in that capacity participates in
making a governmental decision as defined in Regulation 18702.2 or
performs the same or substantially all the same duties for the City that
would otherwise be performed by an individual holding a position specified
in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
x 1. Consultant/Contractor will not be "making a government decision"
or "serving in a staff capacity" as defined in Sections A and B
above.
No disclosure required.
❑ 2. Consultant/Contractor will be "making a government decision" or
"serving in a staff capacity" as defined in Sections A and B above.
As a result, Consultant/Contractor shall be required to file a
Statement of Economic Interest with the City Clerk of the City of
Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which City, in its
sole discretion, consents to in advance thereof in writing. Any assignment or
subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall
make such materials available at its office at all reasonable times during the contract
period and for three (3) years from the date of final payment under this Agreement, for
inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of the City of Poway. City shall
have the right to control Consultant only insofar as the results of Consultant's services
rendered pursuant to this Agreement; however, City shall not have the right to control
the means by which Consultant accomplishes such services.
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6 of 20 January 10, 2017, Item # .�
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its
profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect at all times during the term of this Agreement, any
license, permit, or approval which is legally required for Consultant to practice its
profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from
Consultant's negligent performance of professional services, City and its respective
elected and appointed boards, officials, officers, agents, employees and volunteers
(individually and collectively, "Indemnitees ") shall have no liability to Consultant or any
other person for, and Consultant shall indemnify, protect and hold harmless
Indemnitees from and against, any and all liabilities, claims, actions, causes of action,
proceedings, suits, damages, judgments, liens, levies, costs and expenses, including
reasonable attorneys' fees and disbursements (collectively "Claims "), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by reason
of or arising out of any injury to or death of any person(s), damage to property, loss of
use of property, economic loss or otherwise occurring as a result of Consultant's
negligent performance under this Agreement, or by the negligent or willful acts or
omissions of Consultant, its agents, officers, directors, sub - consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of
professional services, Indemnitees shall have no liability to Consultant or any other
person for, and Consultant shall indemnify and hold harmless Indemnitees from and
against, any. and all Claims that Indemnitees may suffer or incur or to which
Indemnitees may become subject by reason of or arising out of any injury to or death of
any person(s), damage to property, loss of use of property, economic loss or otherwise
to the extent occurring as a result of Consultant's negligent performance of any
professional services under this Agreement, or by the negligent or willful acts or
omissions of Consultant, its agents, officers, directors, sub - consultants or employees,
committed in performing any of professional services under this Agreement. For Claims
alleged to arise from Consultant's professional services, Consultant's defense obligation
to Indemnitees shall include only the reimbursement of reasonable defense costs and
attorneys' fees to the extent caused by Consultant's. negligence.
(c) The foregoing obligations of Consultant shall not apply to the extent that
the Claims arise from the sole negligence or willful misconduct of City or its elected and
appointed boards, officials, officers, agents, employees and volunteers.
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7 of 20 January 10, 2017, Item # 1,H
(d) In any and all Claims against City by any employees of the Consultant,
anyone directly or indirectly employed by it or anyone for whose acts it may be liable,
the indemnification obligation under this Section 15 shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable by
or for the Consultant under worker's compensation acts, disability benefit acts or other
employee benefit acts.
16. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
17. Personnel.
Consultant shall assign qualified and certified personnel to perform
requested services. The City shall have the right to review and disapprove personnel
for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and
alcohol policies then in effect.
18. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
19. Dispute Resolution.
In the event of a dispute between City and Consultant concerning the
terms of this Agreement or its performance, the parties agree to initially submit such
dispute to voluntary mediation before a mutually acceptable mediator prior to arbitration
or litigation. In the event that the subject of such action is compensation claimed by
Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60 -day period for which Consultant would have been entitled to
receive compensation if terminated without cause. In the event of arbitration, each
party shall bear its own attorneys' fees and costs incurred. Any action to enforce or
interpret the terms or conditions of this Agreement shall be brought in the Superior
Court in San Diego County, Central Division. Consultant hereby waives any right to
remove any such action from San Diego County as is otherwise permitted by California
Code of Civil Procedure section 394.
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8 of 20 January 10, 2017, Item # 1•4
20. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant"
shall mean the individual or corporate consultant and any and all employees of
consultant providing services hereunder.
21. Counterparts.
This Agreement (and any amendments) may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute one and the same instrument. Documents delivered by telephonic facsimile
transmission shall be valid and binding.
22. Entire Agreement.
This Agreement shall constitute the entire understanding between
Consultant and City relating to the terms and conditions of the services to be performed
by Consultant. No agreements, representations or promises made by either party,
whether oral or in writing, shall be of any force or effect unless it is in writing and
executed by the party to be bound thereby.
23. Pension Reform Act of 2013
At all times during the term of the Agreement with the City, no officer,
director, shareholder, member, partner, employee, or contractor, providing services to
the City, will be a "retired annuitant," under the City's retirement system, ineligible for
temporary employment under section 7522.56 of the California Government Code,
which was added as a part of the Pension Reform Act of 2013. For the purposes of this
statement a "retired annuitant" is a person retired from the California Public Employees'
Retirement System ( "CalPERS "). Any retired annuitant proposed to provide work on
behalf of the City must be eligible for appointment under the Pension Reform Act of
2013, and any other applicable laws, without any adverse financial impact to the City.
(Remainder of page intentionally left blank)
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9 of 20 January 10, 2017, Item # N
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
on the date first above written.
CITY OF POWAY, a municipal
corporation
0
Tina White, City Manager
POWAY HOUSING AUTHORITY, a
public body, corporate and politic
By:
Tina White, Executive Director
ATTEST:
Nancy Neufeld, CMC, City Clerk
APPROVED AS TO FORM:
By:
Morgan L. Foley, City Attorney
NINYO & MOORE GEOTECHNICAL
& ENVIRONMENTAL SCIENCES
CONSULTANTS, a California
corporation
A,
10 of 20 January 10, 2017, Item # 1-4
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform as- needed environmental engineering and
consulting services as required by City. Consultant shall provide the necessary
qualified personnel to perform the services. In performance of the services Consultant
shall provide services as detailed in the Scope of Services submitted with the proposal,
dated December 8, 2016, which is included in this Agreement as Exhibit "B ".
B. Compensation and Reimbursement.
City shall pay Consultant on a time and material basis in accordance with
the Fee Proposal submitted with the proposal, dated December 8, 2016, attached as
Exhibit "B ". Any work to be performed other than what is described in Exhibit "B"
must first be approved by the City Manager. Consultant's fee shall include and
Consultant shall be responsible for the payment of all federal, state, and local taxes of
any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing January
10, 2017, and ending January 9, 2019, unless sooner terminated by City as provided in
the section of this Agreement entitled "Termination." This Agreement may be extended
for three (3) additional, one -year periods upon approval in writing of the City Manager
and Consultant. Upon expiration or termination of this Agreement, Consultant shall
return to City any and all equipment, documents or materials and all copies made
thereof which Consultant received from City or produced for City for the purposes of this
Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this
Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises -
operations, products /completed, broad form property damage, and blanket contractual
liability with the following coverages: General Liability $1,000,000 Bodily Injury and
Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non -owned
vehicles: $1,000,000 combined single limit.
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11 of 20 January 10, 2017, Item # �-q
(c) Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy
limits of not less than $1,000,000 combined single limits, per claim and annual
aggregate.
(d) Workers' Compensation insurance in statutory amount. All
of the endorsements which are required above shall be obtained for the policy of
Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the
following three provisions:
(a) Additional Insured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers,
agents, and employees are additional insureds with respect to this subject project and
contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty
(30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and
appointed boards, officers, agents, and employees. It is not secondary or in any way
subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the
insurance coverages described in the paragraphs above, in a form and content
approved by City, prior to beginning work under this Agreement.
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12 of 20 January 10, 2017, Item # [.T
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to
the following addresses:
To City: City of Poway
Development Services Dept.
13325 Civic Center Drive
Poway, CA 92064
To Consultant: Ninyo & Moore
5710 Ruffin Road
San Diego, CA 92123
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13 of 20 January 10, 2017, Item # �Iq
EXHIBIT "B"
December 8, 2016
Proposal No, P03SAN03 -00377
Qualifications to Provide Environmental Engineering and Consulting Services
7. Scope of Services
Our services will be performed under the direction and oversight of experienced and qualified Cali-
fornia- registered professionals (PG, PE, or CIH) in accordance with applicable State, County
and/or City regulations, guidelines or ordinances, including, but not limited to the adopted Poway
Municipal Code. The scope of work described in this section would be provided by contract team
staff with experience successfully completing these types of environmental engineering services.
The following sections described our general technical approach for the anticipated scope of ser-
vices to be provided for this contract.
I. Environmental Due Diligence, Site Assessment, and Remediation Services
A. Phase I ESA
Our Phase I ESAs are performed in accordance with ASTM E1527-
13 and satisfy USEPA AN requirements. Due to the wide range of
possible environmental impacts posed by the properties, the level
of effort required to complete each Phase I ESA will, to a degree,
depend upon site- specific characteristics (e.g., past and present
site uses, likely contaminant types, future construction /use plans,
etc.). Our generalized methodology for completing a Phase I ESA
includes:
:) Review title and /or lease records for the site, if available.
:D Interview persons knowledgeable about the site and past site uses.
Review federal, state, and local regulatory agency databases that contain published lists of
hazardous waste sites. Obtain and review as necessary, applicable and available files from
regulatory agencies.
:D Obtain and review Sanborn Fire Insurance Maps (if available), historic aerial photographs and
topographic maps, and city directories to document historical site uses and potential
environmental concerns.
Review available references and maps (e.g_ topographic, U.S. Geological Survey
maps /reports).
Z Perform a site reconnaissance by an experienced environmental professional. Photographs
will be taken to document site and surrounding conditions.
Z) Perform a preliminary vapor encroachment screen using ASTM E2600 -15 Standard Guide for
Vapor Encroachment Screening on Property Involved in Real Estate Transactions, to evaluate
the potential vapor encroachment conditions.
Prepare a Phase I ESA report documenting our findings and provide conclusions and
recommendations.
Optional tasks, which can be performed at the request of the City, include, but are not limited
to: evaluating business environmental risk; evaluating the potential presence of hazardous
building materials, evaluating the findings with respect to California Environmental Quality Act;
and California Code of Regulations Title 5 requirements for proposed school sites.
B. Property Condition Assessment
Ninyo & Moore has teamed with MKA to provide property condition assessments for this contract.
Property condition assessments include visual and non - destructive evaluation of various external
and internal building components, document review and interviews, preparing Property Condition
Schedules, and providing opinions as to needed repairs. The evaluations address the physical
condition of the building components and systems and compliance in terms of design, building
0 Ninyo & Moore
City of Poway As- Needed Environmental Engineering & Consulting Services
I P03 -00377
14 of 20 January 10, 2017, Item # � -4
i
�j
41 1
-,j
December 8, 2016
Proposal No, P03SAN03 -00377
Qualifications to Provide Environmental Engineering and Consulting Services
codes, and ordinances. Representative observations of the major building components will be
made and physical conditions evaluated in general conformance with ASTM E2018 (the standard
for Property Condition Assessments). The systems include site development, building structure,
building exterior and interior areas, mechanical, electrical, and plumbing systems, conveyance
systems, life safety /fire protection, and general compliance with the Americans with Disabilities Act
(ADA).
C, Mold. Lead, and Asbestos Surveys
Mold, lead, and asbestos surveys are performed under the oversight of our CIH, who is also a Cer-
tified Mold Consultant (CIVIC) and Certified Indoor Environmental Consultant (CIEC). Since there
are no regulated exposure threshold levels for molds, the American Conference of Governmental
Industrial Hygienists and the USEPA guidelines suggest that interpretation of air sampling results
should be generally based on comparison of indoor and outdoor spore contents. In addition, it is
common industry practice to compare outside bioaerosol concentrations and species to inside bio-
aerosol concentrations and species. If the indoor concentration is significantly higher than the
outdoor concentration, or if different species are present indoors and outdoors, then indoor fungus
sources (amplifiers) are presumed to remain or remediation is presumed to be incomplete.
Ninyo & Moore has performed numerous lead and asbestos HBM Surveys, prepared abatement
specifications, abatement monitoring, post- abatement clearance sampling, and close -out report
preparation for a wide variety of clients, including local government entities. Contract staff
providing this scope of work are appropriately certified and experienced in working within the
framework of the San Diego County Air Pollution Control District, Federal and California OSHA,
Asbestos Hazard Emergency Response Act (AHERA), Asbestos School Hazard Abatement
Reauthorization Act (ASHARA) and the USEPA, as well as HUD guidelines. HBM Surveys
generally include:
:D Survey and inspect the subject buildings to identify homogeneous areas, suspect materials,
and suspect surfaces.
Conduct on -site XRF testing, in order to test surfaces suspected to contain lead. XRF testing
is a non - destructive test method that yields accurate results quickly with no damage to the
suspect surfaces. A California Department of Public Health certified Lead - Related Construc-
tion Inspector /Assessor (LRC I /A) will conduct the testing.
�D Conduct bulk sampling of building materials suspected to be asbestos - containing. Bulk sampling
involves collection of small pieces of the suspect material (about the size of a postage stamp). A
California Division of Occupational Safety and Health Certified Asbestos Consultant (CAC) or
Site Surveillance Technician (CSST) will conduct the bulk sampling. Sample analysis will be per-
formed by the USEPA recommended method of polarized light microscopy (PLM). Sample
analysis will be conducted by an independent, sub - contracted laboratory with appropriate certifi-
cations.
The National Emission Standard for Hazardous Air Pollutants (40 California Federal Regula-
tions 61 Subpart M) recommends that material found to contain less than 10% asbestos by
PLM be further analyzed, or "point- counted," in accordance with a subsection of the USEPA -
recommended PLM analysis method.
:D Prepare an HBM Survey report presenting our data and summarizing our conclusions and
recommendations regarding the subject buildings. Locations of identified hazardous building
materials will be included with the report.
Ninyo & Moore I City of Poway As-Needed Environmental Engineering & Consulting Services I P03 -00377
15 of 20 January 10, 2017, Item # N
December B, 2016
Proposal No. P03SAN03 -00377
Qualifications to Provide Environmentol Engineering and Consulflng Services
D. Vapor Intrusion Assessments
Ninyo & Moore contract team staff perform vapor intrusion assessments. Accidental releases of
volatile chemicals, such as solvents or other petroleum products, into the subsurface could result
not only in soil and groundwater contamination, but also contaminated soil gas plumes. If contami-
nated soil vapor moves toward and into houses or buildings, it is then known as vapor Intrusion.
We perform VI assessments in accordance with DEH SAM Manual and DTSC Guidance for the
Evaluation and Mitigation of Subsurface Vapor Intrusion to Indoor Air (2011). Soil vapor samples
are collected and compared to USEPA Region 9 Screening Levels and DTSC - Modified Screening
Levels. If soil vapor concentrations at a site are above the screening level, a human health risk as-
sessment can be performed using the DEH's Vapor Risk 2000 Model or the DTSC /RWQCB
Johnson and Ettinger Model using the residential or commercial exposure scenarios.
E. Human Health Risk Assessments
Ninyo & Moore contract team staff conduct risk assessments to evaluate and quantify the risk of
hazardous substances to human health in accordance with the San Diego DEN SAM Manual and
the DTSC / USEPA Risk Assessment Guidance for Superfund (RAGS). Conceptual site models
are developed that incorporate unique site characteristics and are used to predict potential expo-
sure and contaminant migration pathways (e.g., lithology interfaces, and discharge areas such as
streams, rivers, or wetlands). The conceptual site model together with appropriate contaminant
transport models are used to assess the potential exposure to receptors. Human health risk as-
sessments are performed under the oversight of our team's Ph.D. toxicologist and environmental
health professionals. If excess risks are found, recommended mitigation measures can be provid-
ed at the City's request.
F Phase II ESA/Subsurface Investigations /Site Characterization
If contamination at a site is known or suspected, subsurface investigations / site characterization
may be warranted to evaluate the contaminants of potential concern. The scope of work for each
Phase 11 ESA, will vary by site and by the project objective, but generally consists of collecting soil,
soil vapor, and /or groundwater samples to delineate the magnitude and extent of the contaminant
by hand augering, drilling, or trenching. Phase ii ESAs are performed in accordance with applica-
ble standards set forth by local, state, and federal regulatory agencies so that the data collected is
technically defensible. For San Diego County, work is typically performed in accordance with DEH,
SAM Manual guidelines, the local Certified Unified Program Agency.
The subsurface investigation /site characterization that will be required will vary from site to site. In
some instances, soil and groundwater assessments will be needed to characterize and delineate
the impacted media and extent of the contamination; soil vapor surveys may be required to sup-
port health risk assessments; and groundwater monitoring may be a critical component to
understand the fate and transport of a groundwater contaminant plume. All of this information is
and can be used to develop, support, and expand a site conceptual model, which will be used by
the contract team to describe the nature and extent of contaminants, and the potential threat to
human health and the environment so that a site - specific, focused remedy can be selected.
Our generalized methodology for conducting a Phase II ESA includes the following tasks:
Work Plan Preparation. Prior to implementing field activities, a work plan will be prepared
summarizing the project objectives /goals, detailing the proposed work to be performed. The
work plan will describe the site and its history with respect to suspected or known contamina-
tion, provide descriptions of geologic and hydrologic conditions based on available information,
and provide descriptions of the proposed field methodologies and proposed analytical testing
program with appropriate supporting rationale.
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Proposal No. P03SAN03.00377
Qualifications to Provide Environmental Engineering and Consulfing Services
such as hollow -stem auger or rotary air drilling methods will be employed. All mechanically
drilled borings are first hand - augered to at least 5 feet deep to reduce the potential of utility im-
pacts, and are lithologically logged by our field staff. Waste materials generated during field
assessments (e.g., drill cuttings and decontamination fluids) will be containerized in labeled 55-
gallon drums and /or stockpiled and left onsite at a location pre - approved by the City. Once the
waste has been profiled and accepted by the appropriate receiving facility, Ninyo & Moore staff
will coordinate the transport and disposal with our waste management subcontractor.
Boring abandonment/well construction will be permitted and performed according to Depart-
ment of Water Resources guidelines and the requirements of the DEH. The surface will then
be restored (for boring abandonment) or constructed (for monitoring wells) with appropriate
and required surface materials and workmanship. The relative surface elevations of groundwa-
ter monitoring wells will be surveyed so that useful water level data and gradients can be
obtained.
Sampling. Sample collection techniques will employ methods that allow defensible, repre-
sentative collection of media. Hydraulic push samples, split -tube driven soil samples, collecting
samples in test pits and trenches directly into laboratory- supplied jars, proper purging and
sampling of groundwater wells and soil vapor probes, and well - documented building material,
paint, and liquid sample collection will help ensure that the resulting site characterization data
is reliable. Sample handling will follow a strict chain -of- custody protocol that requires complete
documentation of custody, handling, transportation, and storage of samples from collection un-
til submittal to a state - certified laboratory.
Laboratory Analysis. Samples will be analyzed at a fully - credentialed laboratory with an es-
tablished Quality Assurance /Quality Control (QA/QC) plan. Hazardous materials testing
laboratories will be certified by the California Department of Health Services. Asbestos testing
laboratories will be accredited by the American Industrial Hygiene Association. Air, mold, and
other samples will be analyzed by laboratories credentialed by relevant oversight bodies, as
appropriate. The analytical testing program will be based on the suspected or known types of
contamination at the site and for certain projects, (e.g., UST removals /investigations /closures),
follow the analytical testing program indicated in the SAM Manual. Complete copies of all la-
boratory reports, including QA/QC summary reports, will be placed in an appendix of the Phase
II report.
Phase 11 ESA Report. Ninyo & Moore will prepare a Phase II ESA report documenting our in-
vestigation and providing conclusions and recommendations. Analytical data will be tabulated
and present on figures with the sample locations.
a Underground Storage Tank Removal. Investigations and Closure
The Ninyo & Moore contract team has extensive experience overseeing the removal of USTs, per-
forming investigations to evaluate whether a significant release occurred, and obtaining regulatory
closure. The contract team has performed 100s of UST unauthorized release related tasks under
the oversight of DEH and in accordance with the SAM LOP, RWQCB, and with the reimbursement
requirements of the State Underground Storage Tank Fund. The scope of work typically consists
of obtaining UST removal permits from the DEH and Poway Fire Department, coordinating the
UST removal with the regulatory agency inspectors, monitoring the UST removal for potentially
explosive vapors, sampling soil beneath the UST and piping; coordinating waste transport and dis-
posal; and performing data analysis and report preparation. We have extensive experience
successfully negotiating tank closures with regulatory agencies in San Diego County under the
State Water Resources Control Board Low Threat Closure Policy. Our UST closure reports sum-
marize the field activities and provide conclusions and recommendations for closure or for
additional assessment, if necessary.
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Proposal No. P03SAN03 -00377
Qualifications to Provide Environmental Engineering and Consulting Services
H. Property Mitigation Plans
Property mitigation plans are typically conducted at sites where contamination is suspected or
known to be present. The contract team provides several types of plans that, depending on the
project, can be used during construction and outlines procedures for handling potentially contami-
nated soil and groundwater; or mitigation plans for the remediation of contaminated sites. Our
plans contain a community health and safety element to ensure that the surrounding community is
protected from potential hazardous associated with each project. Our property mitigation plans are
developed and implemented in accordance with requirements from the DEH and RWQCB,
I. Regulatory Agency Interfacing and Negotiation
The contract team has performed thousands of environmental engineering projects in San Diego
County under the guidance and oversight of the DEH, RWQCB, and County and City of San Diego,
Solid Waste Local Enforcement Agencies (LEA), in accordance with applicable regulations or guid-
ance documents. Our local project experience has established excellent working relationships with
the DEH, RWQCB and LEA caseworkers that know us well and are familiar with the quality of our
work. We have also established a reputation with these local regulatory agencies for providing com-
prehensive and sound technical documents and reports.
We prepare technical plans and documents with proposed scopes of work that meet the clients pro-
ject objectives and regulatory requirements in the most efficient and cost effective manner (and
avoid conducting work that is not necessary to meet the project objectives, or required). Depending
on the project, and with client consent, it may be beneficial to discuss ahead of time the planned
scope of work with the lead regulatory agency case worker prior to preparing for example a work
plan, to ensure all parties are in agreement. Key /senior staff on our team have extensive experience
negotiating and working closely with these local regulatory agencies and typically our work plans and
reports are approved with minimal or no requests for additional work. We have established a reputa-
tion with the local regulatory agencies for providing comprehensive and sound technical documents
and reports.
The Principal -in- Charge for this contract, Mr. Steve Beck, has been an active participant in the
development of the County of San Diego DEH SAM Manual, which has been adopted by other
agencies, in whole or in part, throughout California. in particular, he received written
acknowledgements from the DEH for his excellent contributions to the SAM Manual. He was also a
member of the technical work group, which included the RWQCB and DEH staff that prepared the
adopted and approved current waiver of waste discharge requirements (Resolution No. R9 -2014-
0041.
Some projects in San Diego County are under the oversight of other regulatory agencies, for
example, the Department of Toxic Substances Control. Similar to the local San Diego County
regulatory agencies, we have established working relationships with most of the regulatory staff and
they are familiar with the quality of our work. As a result of the contract team's extensive project work
at sites in San Diego County, we have firsthand experience working closely with all the case workers
at the DEH, RWQCB, and LEAs and have assisted our clients by negotiating favorable outcomes
on projects. We have successfully obtained numerous case closures and /or no further action
determinations from the local regulatory agencies.
2. Meeting Attendance
Key or senior staff assigned to this contract have extensive experience assisting our clients by
providing technical support at regulatory agency meetings, as well as public meetings and
hearings. This includes preparing technical agendas and presentations, as well as sitting on public
participation panels as technical advisors. We routinely attend meetings on behalf of our clients at
various regulatory agencies in San Diego County and throughout California. We have attended
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Proposal No, P03SAN03 -00377
Qualifications to Provide Environmental Engineering and Consulting Services
meetings on behalf of local school districts, the Port of San Diego, San Diego Regional Airport
Authority, U.S. Navy, and Indian Tribes involving publically sensitive and /or controversial projects.
This experience allows us to communicate technical information in a manner appropriate for the
intended audience.
3. Environmental Engineering Consultation and Representation — Brownfields,
Development, and Redevelopment Projects
Contract team staff have assisted our clients by providing technical support in environmental pro-
cesses affecting Brownfield development and redevelopment. We have provided environmental
engineering consultation and representation for the City of San Diego on their brownfield assess-
ment grant, stakeholders in the development of the Downtown Ballpark District, Civic San Diego,
City of El Cajon and City of National City and have experience preparing successful EPA Brown -
fields Grant applications and working with USEPA policies and grants for brownfield sites to
support redevelopment efforts.
Recently, staff assigned to this contract were panel members on a County of San Diego selection
committee for the Design /Build redevelopment for the Cedar and Kettner Project. In this capacity,
Ninyo & Moore personnel attended meetings, presentations, and assisted in the preparations of
the environmental section of the agreement.
4. Environmental Engineering Consultation and Representation — Relocation, Property
Acquisition, Regulatory Compliance
Contract team staff have assisted our clients in relocation, property acquisition, and regulatory
compliance by providing a wide range of services from performing Phase I ESAs at prospective
properties to performing HBM Surveys at structures that may be demolished after property acquisi-
tion, to assisting our clients with the DEH VAP for projects involving a change in land use from
industrial /commercial to residential. Our specialty is providing our clients with the environmental
information necessary for the client to make informed risk management decisions that encompass
all aspects of a project.
5. Assist with Environmental Engineering Aspects of Redeveloper Agreement Negotiations
Contract team staff have assisted our clients with the environmental engineering aspects of rede-
veloper agreement negotiations by providing technical support and participating in stakeholder
meetings and the selection of Design -Build contracts. This experience includes specification and
mitigation plan preparation, technical and regulatory negotiations, preparing remedial cost esti-
mates, performing Phase II ESAs and human health risk assessments, and recommending
mitigation measures in support of redeveloper agreement negotiations.
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Proposal No. P03SAN03 -00377
INIEW Qualifications to Provide Environmental _ ig Services
As requested in the RFP, the schedule of fees for Ninyo & Moore and MKA is provided below and is
the basis for all fees for our services. These rates shall apply for the life of the contract. Other fees
for services will not change without mutual agreement between the City and Ninyo & Moore. The
schedule of fees reflect all costs related to personnel, required office equipment, and vehicle and in-
surance requirements. Each individual project will be based upon a detailed not -to- exceed proposal,
with project - specific scopes of services.
SCHEDULE OF FEES
HOURLY CHARGES FOK FEKWNNEL
Principal Engineer /GeologisttEnvironmental Scientist ........................................
............................... $
168
Senior Engineer /Geologist/Environmental Scientist/ Toxicologist .......................
............................... $
164
Senior Project Engineer /Geologist/Environmental Scientist ...............................
............................... $
160
Project Engineer /Geologist/Environmental Scientist ...........................................
............................... $
156
Senior Staff Engineer /GeologisttEnvironmental Scientist ...................................
............................... $
141
Staff Engineer /Geologist/Environmental Scientist ...............................................
............................... $
128
GISAnalyst ...........................................................................................................
............................... $
114
Technical Illustrator /CAD Operator ......................................................................
............................... $
86
Geotechnical /EnvironmentaULaboratory Assistant ............... ............ ......... ..- .......
........... ............. ...... $
73
InformationSpecialist ...........................................................................................
............................... $
73
Data Processing, Technical Editing, or Reproduction .........................................
............................... $
64
)THER CHARGES
Expert Witness Testimony (Court Appearances) .......................................... ............................... $ 400 /hr
Mileage........................................................................................................... ............................... $ 0.56 /mi
Direct Project Expenses ............................................................... ................... - .................... Cost plus 10 %
INVOICES
Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be
charged on accounts not paid within 30 days.
TERMS AND CONDITIONS
The terms and conditions of providing our consulting services include our limitation of liability and indemnities as
presented in Ninyo & Moore's Work Authorization and Agreement.
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January 10, 2017, Item # N