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HomeMy WebLinkAboutCC AG PKT 2010-09-13 #U AGENDA STAFF REPORT DATE: September 13, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Sean P. Crumby, P.E., Director of Public Works SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH FREY ENVIRONMENTAL INC. FOR UNDERGROUND STORAGE TANK SOIL AND WATER MONITORING AND REPORTING SERVICES SUMMARY OF REQUEST: The City Council is asked to adopt Resolution No. 6063 approving a professional services agreement for the Underground Storage Tank Soil and Water Monitoring and Reporting Services with Frey Environmental Inc. in the amount of $7,688.50. BACKGROUND: As recently as 1997, the City had two 5,000 gallon underground storage tanks containing both diesel and unleaded gasoline. At that time, Federal and State governments mandated that all underground storage tanks be upgraded, replaced or removed and the site closed. The City had retained Kleinfelder to provide reconstruction efforts of the deteriorating storage tanks. However, in 1998 it was determined to be a more feasible and cost effective option for the City to remove the two tanks and contract out for fuel service. Orange County Health care Agency required extensive site remediation prior to granting closure of the site after the City had the storage tanks removed. Kleinfelder provided the City extensive remediation in an effort to close this site. In the past decade, Kleinfelder and the more recent company, Stantec has provided the City with continued remediation efforts as well as County required monitoring and reporting. The City has brought the results of the monitoring to the County on a yearly basis in hopes the County will close this site. Two years ago, the County stated that they would not close the site any time soon and the City will need to continue monitoring efforts, albeit in a reduced capacity from previous years. Agenda Item U Page 2 Staff received two additional proposals along with the proposal by Stantec for this fiscal year's services. After City staff reviewed and discussed the proposals they are recommending Frey Environmental Inc. FINANCIAL IMPACT: In the approved 2010/11 Budget, $10,000 has been allocated for this project. This is adequate to cover estimated project costs. RECOMMENDATION: It is recommended City Council adopt Resolution No. 6063 approving a professional services agreement for the underground Storage tank Soil and Water Monitoring and Reporting Services with Frey Environmental Inc. in the amount of $7,688.50 SUBMITTED BY: NOTED AND APPROVED: Sean P. Crumby, P.E. / David Carmany( City Manager Director of Public Works Prepared by: David Spitz, Associate Engineer Attachments: A. Resolution No. 6063 B. Agreement C. Frey Environmental Proposal RESOLUTION NUMBER 6063 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR UNDERGROUND STORAGE TANK SOIL AND WATER MONITORING AND REPORTING SERVICES TO FREY ENVIRONMENTAL INC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the professional services agreement ( "Agreement ") between the City of Seal Beach and Frey Environmental Inc. for Underground Storage Tank Soil and Water Monitoring and Reporting Services in the amount of $7,688.50. Section 2. The Council hereby directs the City Manager to execute the Agreement. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of September , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6063 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 13th day of September , 2010. City Clerk PROFESSIONAL SERVICES AGREEMENT Between O SEA(` • v i` RaoR,gT4 q e y %y t vs% I II t ,,Opp c"k City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 . & Frey Environmental, Inc. 2817 A Lafayette Ave. Newport Beach, CA 92663 P — 949 - 723 -1645 • This Professional Service Agreement ("the Agreement ") is made as of the 13 day of September, 2010 (the "Effective Date "), by and between Frey Environmental, Inc. ( "Consultant "), a Corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 9 57296- 0001 \1236808v1.doc RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 1 year unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $7,688.50. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 2 of 9 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this 'Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Joe Frey is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 of 9 To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Frey Environmental, Inc. 2817 A Lafayette Ave. Newport Beach, CA 92663 Attn: Joe Frey 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 4 of 9 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain 5 of 9 of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnities ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, 6of9 officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not •discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement • This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 7 of 9 privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the . business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 8 of 9 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT By: By: 4 David Carmany, City Manager If Name: Attest: Its: Pfa. By: By: - � Linda Devine, City Clerk f Name: SMA) Jcw.TS' Approved as to Form: Its: �l tai aS ,_ By: Ovi f r Quinn Barrow, City Attorney 9 of 9 PREY ENVIRONMENTAL, INC. • Environmental Geologists Engineers, Assessors 2817A Lafayette Avenue Newport Beach, CA 92663 (949) 723 -1645 Fax (949) 723 -1854 Email: freyinc @freyinc.com August 5, 2010 Mr. David Spitz City of Seal Beach 211 8 St. Seal Beach, CA 90740 Re: Environmental Assessment & Remediation Former Fuel UST Site Dear Mr. Spitz, I appreciate your interest in our firm. I am forwarding to you the cost estimate requested, our Statement ofQualifieafiong (SOQ) and our limited guarantee for yourreview. Per our conversation I am more than willing, at no cost to the City, to investigate the current status of your claim with the UST Cleanup Fund, and report that information to you.. Oualifications As indicated in our SOQ, FREY is a multi- faceted company founded in 1989 that conducts avariety of environmental consulting services including Phase I Environmental Site Assessments and soil and groundwater assessment and remediation. We have over 21 years of experience in environmental consulting and remediation. We have two offices, one inNorthern California and one in Southern California. We have 35 employees and currently are actively conducting corrective action at sites all over California. We have $3,000,000 of General and Professional Liability insurance from an A- rated insurance carrier. We are financially sound and stand behind our work. We currently own and operate 44 vapor extraction units, 6 high vacuum dual phase extraction units, 4 ozone generators, and 30 air sparge units. In addition, we operate 10 groundwater pump and treat systems in conjunction with the operation of the aforementioned equipment. We specialize in corrective action at fuel facilities and have a long list of successful projects. We have assessed and/or remediated over 1,000 fuel service facilities, and worked extensively for the Mobil Oil Corporation in the past. We offer several advantages over competing firms because: 1) we are able to advance corrective action more quickly and more comprehensively due to our very experienced personnel; 2) we own well maintained, various site permitted, remediation equipment that we can readily move from site to site; 3) as the sole owner of FREY, I am able to respond to clients needs immediately and; 4) we have considerable experience working with the State of California Underground Storage Tank Cleanup Fund (USTCF) and obtain reimbursement for most all of our clients with releases from fueling operations. Limited Guarantee and Payment Arrangements Per our limited guarantee, we do not require our clients to pay us for our work until reimbursed by the USTCF. Per our agreement we are only entitled to the amount paid by the USTCF. We offer this guarantee to our clients for all USTCF claims that have been issued Letters of Commitment. Please contact me to discuss. Sincerely FREY vin i mental, Inc. Joe ey Prin c al Certified Engineering Geologist CEG #1500 enclosure • • 08/02/2010 ESTIMATED BUDGET SEMI- ANNUAL GROUNDWATER MONITORING AND SAMPLING & • REPORT PREPARATION SEAL REACH AEAIN'PENANCE YARD • 1776 ADOLFO LOPEZ DRIVE SEAL BEACH, CALIFORNIA The estimated costs for the proposed scope of work presented below, are based on a time and materials basis according to FREY's 2010 schedule of fees. LINE TASI( TASK OUANTITY UNIT PRICE TOTAL TOTALS 1.0 SEMI - ANNUAL GROUNDWATER MONITORING AND SAMPLING (Q3, 2010 & 012011) (Includes one round of groundwater gauging of 10 on -Slle wells and sampling of 7 on-Site welts) Personnel Senior Staff Geologist I hr 595.00 /hr 595.00 Senior Field Technician 8 hrs 580,00 Thr 3640.00 Equipment Groundwater Sampling Tmek 1 day 390.00 /day 590.00 4" 115 VoltGrundfos Submersible Pump I day 3100.00 /day $100.00 5000 W Generator 110/230 volt 1 day 560.00 /day $60.00 Water Level Indicator 1 day $25.00 /day 525.00 55-Gallon Steel Drum 2 units $25.00 /drum $50.00 Stainles Steel Bailer - 1 units 510.00 /unit $10.00 pH /Conductivity Meter 1 day 540.00 /day 340.00 Hazardous Materials Safety Kit 1 unit $20.00 /unit N/C Expendable Supplies I unit 525.00 /unit N/C Laboratory Analyses EPA Method No. S015M(gas)- 7 samples 336.00 /sample 5252.00 EPA Method No. 826013 (VOCs) 7 samples 5108.00 /sample 5756.00 COLT Document 540.00 Groundwater Disposal Senior Staff Geologist 0.5 hour 590.00 Amit 545.00 Groundwater Transport/Disposal - 6 drums 540.00 /drum 5240.00 Management, Geotracker and Report Principal Geologist 0.5 hr 5145.00 fin 572.50 Project Geologist 2 hrs $105.00 /hr 5210.00 Senior Staff Geologist 6 hrs 595.00 /hr 5570.00 Draftsman 3 hrs 565.00 /hr $195.00 Office Assistant 1 hrs 555.00 /hr 355.00 TOTAL TASK 1.0 = S2,810.50 FREY Environmental, Inc. Estimated Budget - Page I Seal Beach Maintenance Yard 08/02/2010 ESTIMATED BUDGET SEMI- ANNUAL GROUNDWATER MONITORING AND SAMPLING & REPORT PREPARATION • SEAL BEACH MAINTENANCE YARD 1776 ADOLFO LOPEZ DRIVE SEAL BEACH, CALIFORNIA The estimated costs for the proposed scope of work presented below, ore based on n time and materials basis according to FREY's 2010 schedule of fees. LINE TASK TASK OUANTITY UNIT PRICE TOTAL TOTALS 2.0 SEMI - ANNUAL WELL MONITORING AND GAUGING (04, 2010 & 02, 2011) (Includes one round of groundwater gauging of 10 on -Site wells) Personnel Senior Staf'Ocologist I hr $130.00 /hr 5130.00 Senior Field Technician 4 hrs $70.00 /hr $280.00 Equipment Utility Truck 1 day $90.00 /day 590.00 • Water Level Indicator 1 day $25.00 /day $25.00 Hazardous Materials Safety Kit I unit $20.00 /unit N/C Expendable Supplies I unit $25.00 /unit N/C • Management, Geotrackcr and Report Principal Geologist 0.25 hr $145.00 Orr $3625 Senior Staff Geologist 4 hrs 595.00 /hr $380.00 Draftsman 1 hrs $65.00 /hr $65.00 Office Assistant 0.5 hrs $55.00 /hr 527.50 TOTAL TASK 2.0 = S1,033.75 TOTAL COST FOR TWO QUARTERS OF GROUNDWATER MONITORING AND SAMPLING AND REPORTING $5,6210 TOTAL COST FOR TWO QUARTERS OF WELL MONITORING AND GAUGING AND REPORTING 52,067.50 TOTAL COST FOR FISCAL YEAR 2010 -2011 Slant 1) Costs assume unrestricted access to the site and that no obstructions or difficult work conditions exist. 2) All subcontractor and materials costs are cost plus 15%. 3) No charge to prepare a Site Specific Health and Salley Plan. FREY Environmental, Inc. Estimated Budget - Page 2 Seal Beach Maintenance Yard The Effective Environmental Solutions Company FREY Environmental Inc Environmental, Geological and Engineering Consulting 2 a-a : l ie r e-a-ae l it < <� _ ) covt t ti. , �, F vim i >� k �.— �, r r- a �, 3r - `"L q ua r %i I� c Itl � 14 7,- y.r • t� l %)-.., J . m , n r - v c :Sa y - : z 1 4: 5 4 ..."' >`�- i 3Yt f SS-- .ru - - w :113u+.wtGma Statement of Qualifications 2010 1�'�5xi`" ai . ms s �� �� � .` � r �� ", c ..��c 'hc# i�i. '��rn �.h`�:" -", T r. " �+' FMYE/ Inc �� �y + �A Statement of Qualifications CON1]B 1S ABOUT FREY ENVIRONMENTAL ]��` i • PERSONNEL 2 x ?- TOTAL QUALITY PROGRAM 5 ` 5a -. x ;=5 Ii - mss r..f= C " a QUALIFICATIONS AND EXPERIENCE 6 , ENVIRONMENTAL SITE ASSESSMENTS 7 .At I i ce' - r . i r a`: k +¢ s INVESTIGATIONS 8 4 ' REMEDIATION 9 M w 6 SOLID WASTE MANAGEMENT _ 10 £� -E.) PROFESSIONAL REFERENCES A w .. y . 0 INSURANCE B s: S s u SCHEDULE OF FEES C • a : —f- — ee nv ��� r• r - � ° r _ ., s a ,�'` ,s ; - a _t : - " - n LOS ANGELES REGION SAN FRANCISCO REGION 2817 A LAYFAYL I I L AVE 1336 BROMMER STREET, SUITE A6 • NEWPORT BEACH, CA 92663 SANTA CRUZ, CA 95065 TEL: (949) 7231645 TEL: (831) .4641634 FAX: (949) 7231854 FAX : (831) 9;641644 EMAIL: FREYIN YAVC COM : EMAIL TKCNN @FfREYINC.COM . ate . t 'z+ . : k41-s 3 .c 4 4 i, t s .. f _ t . e, £ �° ':3 :v d iv" v la..3 a dt., ` 'H�Z`2,u „m z.Kd w'' ' y' "v. . et ', Environmental, Ince Statement of Qualifications COMPANY Since its incorporation in 1989, FREY Environmental, Inc. has provided quality professional consulting, engineering, and construction services directed toward environmental protection and conservation of natural resources. FREY Environmental, Inc. has offices in Newport Beach and Santa Cruz, California, with a staff of 36 highly skilled individuals specializing in a variety of disciplines including; z :. • Phase 1 Investigations • Soil and Groundwater Investigations ''( 'I • Soil and Groundwater Remediation Environmental Geology • Civil Engineering -:42; • Air Quality Analysis and Permitting ' E i j q � • Hydrology and Hydrogeologyi : • Water Discharge Permitting ��� '1a 1,1/1 l ' ' • Solid Waste Management i-W 1 14 - C . r, • •• � 1 �,� • Environmental and Land Use Planning ' , z f � 4 i _ I Y • Real Estate Assessment o #k "' °`+ • Permit Assistance • Asbestos Abatement ��I • 1 At FREY Environmental, Inc. our experience ranges from relatively small, i, u focused projects to large, complex, g twit-, multi-disciplinary projects covering every stage of the planning, review, permitting and implementation processes. FREY 6J.� continually strives to employ the latest ' - -' techniques to achieve our client's goals in a sk t timely and efficient manner. Our ;jity � � '° commitment to providing environmental "" t " +I t r solutions is not only a job, but a passion .A -, ' , > i �f a." ( d _l: / zi 3mt `w .: s >.. a•, . .�s.sa .a,a�"�.v., a . ,��+'32- a3�- ecaryrei.'•�'a>SYu FREY Environmental. Inca 2 y Statement of Qualifications PERSONNEL Our staff is committed to providing economic and environmentally conscious solutions and alternatives to meet the needs of our clients. Our experience, effective project analysis and efficient coordination of our staff allow us to complete jobs on time and within budget. By maintaining low overhead and through efficient management, we keep costs low, enabling cost- effective solutions. Our experienced staff consists of; • Geologists • Hydrogeologists • Hydrologists • Engineers • Technicians • Industrial Hygienists • Hazardous Materials Certified Contractors FREY employs seven project managers who direct all aspects of each project. Joe Frey and five of the other of the project managers are either licensed geologists or engineers with the State of California. The project managers have each worked at FREY Environmental, Inc. for 13 to 19 years while providing our clients with the assurance of consistent and seamless management over the length of their project, no matter the duration. Joe W. Frey - Founder and Principal - Engineering Geologist California - Certified Engineering Geologist, Registered Geologist, General Engineering Contractor, f n "A" Hazardous Waste License _ ' 5 A Arizona - Registered Geologist f x 7, Oregon - Registered Geologist ° gym .. .ter[ ... Education Geological and Civil Engineering, California State University Long Beach, Two Years Post Graduate Study B.S., Earth Science, University of California, Santa Cruz, 1980,. �� - . .Ce f e 4 S''" .''r vs' . „; is: ss u' ' OISSItre FREY l * Inch Statement of Qualifications MANAGEMENT AND STAFF Evan Privett - Senior Project Geologist California Professional Geologist OSHA- Safety and Emergency Response Training Education M.B.A., Finance, California State University, Fullerton, 1991 B.S., Geological Engineering, University of Arizona, 1986 Ed Rands - Senior Project Engineer California Professional Engineer - Civil OSHA - Safety and Emergency Response Training, Trenching & Excavation Safety Training, DOT HM -126F and SAF-0055 Radiation Safety and Use of Nuclear Gauges Education B.S.; Civil Engineering, University of California of Irvine, (UCO, 1993 John Payne - Geologist and Asbestos /Lead Paint Assessor California Professional Geologist, California Certified Asbestos Consultant AHERA - Building Inspector, Management Planner, Contractor /Supervisor, Project Designer Registered in California for all AHERA certifications OSHA - Competent Person, Hazardous Waste Operations, Safety and Emergency Response Training Education B.S., Geology, California State University, Fullerton, 1988 Steve Zieg - Project Chemist / Landfill / Solid Waste Management Education Post-Grad Studies - California State University, Long Beach, 1984, Chemical Engineering B.S., Chemistry, San Diego State University, California, 1972 Kent Tucker - Senior Project Geologist California Professional Geologist OSHA - Safety and Emergency Response SCAQMD - Certified Permitting Professional, Fugitive Dust Control Supervisor Education B.S., Geology, California State University, Long Beach, 1985 F3' 't'i "ff',�', -rs_'% a r —.-'. a ... -Data "gym;. J ..... _ . .... " FMY Environmental, Inc, 4 Statement of Qualifications MANAGEMENT AND S TAFF John Duhl - Senior Project Geologist California Professional Geologist Education B -S., Geology, University of California of Los Angeles, California, 2001 Terry Kinn - Project Geologist Education B.S., Earth Sciences, University of' California, Santa Cruz, California, 1986 Sawyer Jones • Senior Staff Environmental Scientist Education B.A., Environmental Studies and Geography, University of California, Santa Barbra, 2005 Avery Sullivan - Senior Staff Geologist Education B.S., Earth Sciences, University of California, Santa Cruz, California, 2005 Deanna Hoppe - Senior Staff Geologist Education B.S., Geology, California State University, Fullerton, 2004 Andrew Wittmann - Staff Environmental Scientist Education B.A. Environmental Science, Colorado State University, Fort Coffins, CO, 2004 Josh Moeller - Staff Geologist Education B.S., Geology, California State University, Fullerton, in progress Walter Bell - Staff Engineer California Registered Engineer in Training - Industrial Education B.S., Industrial and Manufacturing Engineering, Oregon State University, Corvallis, OR , 2006 . a :a f S ' re x f i g -ate *. \ � FREY Environmental* Inc 5 Statement of Qualifications TOTAL QUALITY PROGRAM Project Coordination Project coordination is the key to conducting any project in an efficient and timely manner. For each project, experienced personnel with specific areas of expertise, are chosen to conduct specific tasks or to manage and coordinate several activities. Only certified and licensed sub-contractors who are trained, experienced and familiar with the methods required to complete a task are chosen for our projects. By selecting experienced and efficient personnel, the project can be run smoothly, safely, and efficiently with the high standards set by FREY. Health and Safety The health and safety of our employees and Fpli 1 - m - a _ . the general public is a priority at FREY. An =_t ' it integr part of conducting any project is the '�- � - i ik ,b i Health and Safety Plan. The Health and i)ttj 1r Safety Plan is based on our understanding of i f ,,f'i.� (r t s ' f YH ,1f J- � 6 e' the potentially hazardous materials that may °�' ` 4' �o2 ` be present at the work site and other j �� "+i' 7 i potential physical hazards at the work site t' tj+ , '� _ The Health and Safety Plan is designed to r _, d j — - minimize the likelihood of exposure to tom �')—� �' T ( i ' ��'.' « ° J::' potentially hazardous materials and to � ,- - ,i + reduce unsafe conditions which may occur during field work. 1 . t r 1 Q ual i ty A ss u rance/ Quality Control 4 ` :-- - ' r _ ,d, To assess characteristics of a site, the data � ' ` h r ' f 7 j rz - i7n must be representative of site conditions. To ., achieve this goal, specific QA/QC procedures f i ,, r f j are followed during each phase of data � E t a �;�r. :! collection, storage, transportation, and ( '' '. _ i't analysis. In addition, methods for 4 1 P IP], . 1; - ' , ( establishing precision and accuracy of '.17- 1= f 8 , �� . . 1 laboratory data are used to . ensure the { quality of collected d ata. • . ,-.4-e-cas • , , • ferr,„ty,.—, • - • , ,! • , ,,,,,,..,„ :,- - .):-a, , - ,, 3 � ` l- c �..x * .. " FREY tt -!.ronmental, 1 0 6 Statement of Qualifications QUALIFICATIONS AND EXPERIENCE FREY has conducted over 1,500 Environmental Site Assessments (ESAs) and numerous subsurface soil and groundwater investigation and remediation projects since its inception in 1989. Assessment and/or remediation projects have been ki ,.,, conducted for properties as diverse as amusement ti parks, schools, refineries, landfills, cemeteries and t, sewer plants, and as common as gasoline service stations and dry cleaners. Should the need arise, a� i FREY has significant experience performing risk assessments, underground storage tank removals and risked base computer modeling. '� fl = We are licensed General Contractors "" and have A a hazardous substances removal certificate from the State of California. FREY has managed w 1 assessment and remediation work for . Cities and Government Agencies: The Los Angeles County Department of Public Works, The City of Fullerton Redevelopment Agency The City of Anaheim Public Utilities Department The City of Rancho Cucamonga Engineering and Public Works The City of Los Angeles ` �} V 1 i The City of Stanton The City of Brea i } } ;� - The City of Oceanside :.Y >. Fortune 500 Companies: 5-1 Exxon Mobil Corporation ;id �1' i Disney Company (.1:111A' `. r I Ryder Truck Rental ? i — „g - " s �°- � ` ". i l n4: i s n A sa Segrevrici s o-- FREY Environmental, % 7 Statement of Qualifications PHASE I - ENVIRONMENTAL SITE ASSESSMENTS LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS c FREY has conducted over 24 Phase I " - T Environmental Site Assessments (ESAs) for rr , y -� §t 'H 4 -v the Los Angeles County Department of Public y Works ( LACDPW) in recent years. The ESAs ,( ' __ , ,. 1 -a were concerned about the review of parcels of A r .__ '<-- 5 -�ya1 la in the public right-of-way where the , ; 3z . j tiJ 1 LACDPW plans to install infrastructure f i 4 . (storm drains or sewer lines, etc.). The ESAs -- "; " 1 ,,j were conducted to fulfill the All Appropriate t , ,_ „t ' Inquiries guidelines approved and required by ' ' . , the EPA. In general, the LACDPW requested li i that the ESAs be delivered within 30 days of receipt of approval to proceed. .; ( CITY OF FULLERTON REDEVELOPMENT AGENCY FREY was selected by the Fullerton Redevelopment 3 . Agency to conduct a series of ESAs and soil 4. Q y . •`` i ' ;' r,.+ ° '' i , nvestigations on the City owned land prior to -1;:- . *ki 'fi x .-. -} ' r redevelopment. The land in question consisted of � ,$ .1 numerous properties which bound a former railroad �,�� ,_ ,,`� easement scheduled for conversion to a green belt. k �s t z ti t FREY discovered numerous recognized environmental 4 3 fir' y + r" conditions and advised the City with respect to future 4 t - Va ` . 4 ', liability. FREY discovered a former manufactured gas t '1 ` k - ip x plant from a Sanborn Map dated 1909. Subsequent fe l e � > t % investigation revealed elevated concentrations of �; r g 2 I $ i polyaromatic hydrocarbons which were required to be '6F 1 excavated and transported off-Site for disposal by the al purchaser of the former manufactured gas plant. The 1 former railroad easement has been successfully m converted into a green belt and parkland, and has . served to revitalize local businesses. T -•1 e z t � - z' '',�,.._ . sr.w s` . ` r�-u 4.,1 . s t _,r,� . ` `cis x r max.,,. :16- ,P-t w ts _ e no-aralze al a. -'. i '... r .�.k t e tc{,- g..L. *» a�—feda Cw..a.5+1 ,mo 153 v 4:].,^.. , . :.'x - `.. . FREY t & Mc. 8 Statement of Qualifications INVESTIGATION FREY has conducted over 1,500 environmental assessments and , , remediation projects. During FREY's nineteen years of operation, the 4, l fl s try ,,` `j: p focus of our work has been the assessment and remediation of g f r i . "4 - , %VW' '. petroleum hydrocarbon soil and groundwater- 0 t $} ' h c' 1 UNDERGROUND STORAGE TANK CLEANUP FUND � ,c,;, . Many of the projects are funded by the SWRCB UST Cleanup Fund "� ''r f l (the Fund). In these instances, FREY has provided a limited e `'t ti v 4p i guarantee for UST Cleanup Fund work, which allows for clients to i - +' a � ., only pay FREY when they are paid by the Fund, and to only pay the , 'F 1 ' ` t , 'r amount that they are reimbursed by the Fund. This agreement e 3 € results in no out of the pocket expense to the client. £ sue Y ° { FORMER HAMPTON HOTEL, CAMBRIA, CA t r 1 FREY began assessment and interim remedial action work on this ', n 4,:i property in 2003. A petroleum hydrocarbon plume with MTBE ;, concentrations up to 25,000 ppb existed at the property, and had .i ` ",:{7.:T ; f migrated off -site to the south, toward Santa Rosa Creek (located ';' 0'`_: a. approximately 400 feet south of the site) and two production wells used "1:,— - - ., .--- for drinking water and irrigation located on a ranch just south of Santa Rosa Creek. Due to the proximity of the release to Santa Rosa Creek and the production wells, the case was placed on the RWQCB - Central Coast Region's high priority clean-up list. Assessment of the vertical extent of petroleum hydrocarbons was subsequently conducted by advancing cone penetrometer test (CPT) borings to accurately define deeper water-bearing zones, and hydro-punch groundwater samples were collected. The results of the vertical assessment activities concluded that remediation of MTBE in deeper water bearing zones was required. Several discrete-depth monitoring /extraction wells were subsequently installed for this purpose. With this information FREY began the remediation necessary to achieve case closure with the RWQCB - Central Coast Region. „ q-, M Fit FORMER SEWER PLANT c1 41 , 21 FREY was retained by a real estate developer to provide ce 1 environmental consulting and oversight of the demolition, -t' A , s l ■ ' assessment and remediation of a former sewer plant. Regulatory " . oversight was provided by the Department of lbxic Substance ' e I .. i � 1 ` Co ntrol (D The DISC typically requires rigorous standards i t .. ± : j for sampling and analysis for environmental compliance. To date, 3 C, 1 FREY has collected and analyzed nearly 700 soil samples from the `, 60 acre Site. FREY concluded that approximately 35 acres of i , , j. 1 ` mainly surficial soil was contaminated with polychlorinated . M biphenyls (PCBs). and dioxins. We have estimated that nearly ' �`%• ,� 200,000 tons of soil will need to be excavated and transported ' 1 r } off Site for disposal in order to, accommodate future residential home development - ,y 'rte ia , fl rate ax,E % tr{-'2�". f q r � S g. Ati r 4 � 1 lr y � S ` y t ^ FREY Environmental, I nc 9 �� g ��++ yy��yy� Statement of Qualifications RIBMEDIATIO �1��77 : SUPERFUND SITE FREY was retained by an attorney representing a metal fabrication facility. The Site was required to take part in a comprehensive environmental liability, clean up and liability act (Superfund) assessment and remediation. The Superfund proceedings required attendance at a number of meetings and presentations. FREY conducted a facility audit, a 120 point soil gas survey, i O and installed four groundwater monitoring wells and twelve z nested vapor extraction wells across the 3 acre facility. A soil ca ` vapor extraction remediation system was designed and installed. The System reduced concentrations of volatile organic compounds from 260,000 parts per billion to , non-detect levels in less than three years of operation. In L 1 addition, the operation of the vapor extraction unit reduced a -4e.,, 41 concentrations of volatile organic compounds in groundwater a 1‘ 'j to levels below maximum contaminant levels. • According to attorneys familiar with the approximate 20 responsible parties in the East San Gabriel Valley Superfund Group, the case which FREY investigated and remediated was estimated to be in the top quarter of the most contaminated sites'. Concentrations of VOCs were reduced to acceptable levels at the Site for costs of 20 to 40 percent less than the other 'most contaminated sites'. COMMERCIAL DRY CLEANER This facility burned to ground in the early 1980s. An above ground storage tank released an estimated 2,000 gallons of dry cleaning solvent into the soil and groundwater as the result of the fire. FREY's costs are being paid for by an insurance company who employs a third-partly consultant to monitor expenditure. Regulatory oversight was required by the client and the insurance company. FREY advised the client to obtain oversight from the Voluntary Clean Up Program administered by the Los Angeles County Fire Department (LACFD) as opposed to the Department of Toxic Substance Control (DTSC). The cost to enroll with the LACFD was approximately 10% of the cost to enroll with the DTSC. Assessment activities included a 44 soil gas probe survey and the drilling and sampling of 19 soil borings. Six of the soil borings were converted to triple nested vapor extraction wells completed at depths of approximately 65 feet below the ground surface. Four of the vapor extraction wells were drilled and installed inside the building while the commercial laundry remained in operation. It is estimated that installing the vapor wells during the initial phase of drilling saved the client between $10,000 and $15,000. PREY installed a soil vapor extraction system to remove chlorinated solvents from subsurface soils. The vapor extraction system has operated for approximately two years and has reduced PCE concentrations in soil vapor from 67,000 ug /L to 17 ug /L. A soil vapor intrusion survey recently performed for the site concluded that no significant risk was present to workers inside the building. A total of 21 groundwater monitoring wells have been installed at the site and in parcels surrounding the site. The lateral area of groundwater impacted with chlorinated solvents such as PCE and TC E is estimated to cover 7 acres. FREY is currently finalizing a feasibility study evaluates potential groundwater remedial techniques such as soil vapor extraction with air spaging, groundwater pump and treat, sodium permangan ' irjeotio r,, and bacteria injection. M : • . - r - FREY Environmental, Inc 10 MANAGEMENT Statement of Qualifications SOLID WASTE LA RIVER PROJECT The Los Angeles County Department of Public Works, Flood Maintenance Division, retained hi` " the services of FREY Environmental, Inc. to IS_ f _ ,� redesign, install, operate and maintain a i fi - 1 trash/ debris collection system installed at the s r a N,, x A mouth of the Los Angeles River. The trash/debris collection system (System), which y includes 14, 26-inch diameter interconnected HDPE beams and an associated inovative anchoring system, g is designed to collect tfri ` lfec -Fes. t," ,ti trash/debris that is flushed from storm drain r 4te a �s F systems into the river during storm events. 1 Since taking over the project in April of 2003, _ #! FREY Environmental, Inc. has redesigned the "r F t , r� ! System to allow for more effective deflection _) and collection of trash /debris: over 1,600 tons of trash /debris has been harvested from the System by FREY Environmental, Inc. LANDFILL GAS RECOVERY FREY has designed, installed, replaced, expanded and operated LFG systems for the County of Orange, the City of Oceanside, the City of Los Angeles and Allied Waste Systems. One specific example is The City of Los Angeles contracted FREY Environmental, Inc. (FREY) to assist the City with the expansion of the landfill gas (LFG) control/recovery system at the Lopez Canyon and Toyon Landfills. LFG system expansion was necessary to control surfaces emissions of LFG (in particular methane) to levels below those stipulated by the South Coast Air Quality Management District (SCAQMD), and to provide additional quality gas for energy generation at their on-site recovery facilities. FREY handled all aspects of the project from design to implementation. METHANE ASSESSMENT FREY has nearly 20 years of methane assessment experience. ft has conducted methane assessment and/or mitigation work throughout Southern California, and is an approved methane assessment and mitigation contractor with the Orange County FireAuthority and the City of Santa Fe springs. METHANE MITIGATION FREY has conducted several methane mitigation efforts of commercial and residential projects in an efficient and cost-conscious manner in order to expedite receipt of building permits. If a passive or active methane mitigation system is required, we will expeditiously design and install the system concurrently with building construction. FLAj A¢'ixt 3J++. f i e^we"erzetc1.S is s's'st Jc LL a * `� k'4 - ?a � X te- .f�'e...sE r 3°� FREY '- tronmentot I o A Statement of Qualifications Professional References 7 -ate '' eet '� ,47 '7._ . PROFESSIONAL REFERENCES FREY ENVIRONMENTAL, INC. • MCDERMOTT, WILL & EMERY RECO GAS Mr. Hany S. Fangary, Esq. Ali Shawn • 2049 Century Park East 1645 Tully Road Los Angeles, CA 90067 -3208 San Jose, CA 95122 (310) 277 -4110 (408) 729 -4383 INLAND GAS CALSCIENCE ENGINEERING Mr. Tony Baktiarian Mr. Steve Layne 11288 Ventura Blvd. #805 7440 Lincoln Way Studio City, CA 91604 Garden Grove, CA 92841 -1432 (323) 804 -7576 (714) 895 -5494 • TED DANN SALSBURY INDUSTRIES 2674 Dawson Avenue Mr. John P. Fraher Signal Hill, CA 90806 President (562) 492 -9950 1010 E. 62n Street Los Angeles, CA 90001 LINDA SHURLOW (323) 846 -6700 County of Riverside Department of Environmental Health CITY OF ANAHEIM PUBLIC UTILITIES 47950 Arabia Street, Suite A DEPT. Indio, CA 92201 Mr. Richard Wilson (760) 863 -8976 201 S. Anaheim Blvd., Suite #601 Anaheim, CA 92805 UNITED OIL (714) 765 -4277 Mr. Jeff Appel 17 311 S. Main Street RYDER TRANSPORTATION SERVICES 17311 Gardena, CA 90248 Tony Herald (310) 323 -3992 94 Angeles Vista Circle Sandia Park, NM 87047 REED SMITH, LLP (505) 286 -0911 Mr. Todd Maiden, Esq. GLENN F. BARTON 2 Embarcadero Center, Suite 2000 San Francisco, CA 94111 Mr. Glenn Barton (415) 659 -5918 400 Galleon Way Seal Beach, CA 90740 -5933 MR. SCOTT LINDENBLATT (310) 635 -2248 Mariners Point MARK B. GILMARTIN, ESQ. 15922 Pacific Coast Highway 1534 lr Street, Suite 103 Huntington Beach, CA 92649 Santa Monica, CA 90404 (562)592 -4975 (310) 310-2644 PROFESSIONAL REFERENCES (CONT'D) • RON CLARKE ROB IORIO P.O. Box 551 Competrol MFG, Inc. Big Bear Lake, CA 92315 8714 Lion Street, Suite D (909) 585 -2810 Cucamonga, CA 91730 • (909) 987 -0808 IRISH CONSTRUCTION Mr. Don Anderson REBER CONSTRUCTION 2641 River Avenue Jim Reber Rosemead, CA 91770 1201 Shaffer Road (626) 288 -8530 Santa Cruz, CA 95060 (831) 429 -9777 CITY OF BREA MAINTENANCE SERVICES MUHAMMAD CHAUDHARY Mr. Warren Coleman 3500 Story Lane 545 N. Berry Street San Jose, CA 95127 Brea, CA 92821 (408) 476 -1099 (714) 990 -7696 EL MONTE INVESTMENTS LLC LEONARD ELBAUM Mr. Ronald Perlstein 2414 N. Sepulveda Blvd. 2476 Overland Ave No. 203 Manhattan Beach, CA 90266 Los Angeles, CA 90064 (310) 546 -4693 (310) 842 -8234 NEWPORT HOME LOAN GAINES AND STACEY Mr. Jock Begg Ms. Rebecca Thompson, Esq. 15 Corporate Plaza, Suite 120 16633 Ventura Blvd., 11 Floor Newport Beach, CA 92658 Encino, CA 91436 (949) 640 -9350 (818) 593 -6355 LOS ANGELES COUNTY CITY OF SANTA FE SPRINGS DEPT. OF PUBLIC WORKS FIRE DEPARTMENT Mr. James Shuttleworth Mr. Bil Murphy 900 South Fremont Ave. 11710 East Telegraph Rd. Alhambra, CA 91803 Santa Fe Springs, CA 90670 (626) 458 -4923 (562) 944 -9713 ECOLOGY AUTO PARTS CITY OF OCEANSIDE Mr. Roger Griffin Mr. Chip Brust 14150 Vine Place 300 N. Coast Highway Cerritos, CA 90703 Oceanside, CA 92054 (562) 921 -9974 (760) 801-0898 • • PROFESSIONAL REFERENCES (CONT'D) MS. MURIEL BURGLUND GOODSPEED 2204 Moreno Dr. Mr. R. Everett (Buck) Goodspeed Los Angeles, CA 90039 11211 "G' Ave (323) 660 -0017 P.O. Box 401924 Hesperia, CA 92340 -1924' EWA ENTERPRISES (760) 947 -7540 Ernest W. Anast 5616 Mountain View Avenue WAYNE CUSICK Yorba Linda, CA 92686 7`h Street Chevron (714) 779 -0402 761 East Hobsonway Blythe, CA 92225 SWENSON & ASSOCIATES (760) 922 -4537 Frank Burrell 581 Division Street, Suite A TIM DAHLSTRAND Campbell, CA 95008 AES DUE DILIGENCE, INC. (408) 866 -7600 3000 Dundee Road, Suite 410 Northbrook, IL 60062 (847) 498 -4780 • • (Revised 06/09) • FREY Environmental, M B Statement of Qualifications nsurannce ents to pica e • _ .. _ ._ �3:..ss' � � '�'� »-'.. E S < ... .s:-��� � . _��i.S'a. �,3.z'.,_.. s w .� -'.:�M • DATE WINDOM' Ae0RQ,. CERTIFICATE OF LIABILITY INSURANCE 9/30/2009 PRODUCER - -- THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ISU INS . SERV. —BC ENV . BROKERAGE HOLDER HE IS CERTIFICATE DOES BY AMEND, E I EXTEND OR 1037 SUNCAST LN., $103 — ALTER EL DORADO HILLS, CA 95762 INSURERSAFFORDING COVERAGE 916 _9.39-108_ INSURED FREY ENVIRONMENTAL, INC. INSURER A' ENDURANCE A SPEC. INS. #41718 INSURER B: . 2817 A LAFAYETTE AVENUE INSURER C: NEWPORT BEACH, CA 92663 INSURER D. 1 INSURER E: ' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAW BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED - HEREIN 15 SUBJECT TONS THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN /JAY HAVE BEEN REDUCED BY PAID CLAIMS. • wen POLICY EFFECLIVE POLICYE % ON LIMITS , TYPE OF INSURANCE ~ LTR POLICY NUMBER DATEIMMJOWYY) OAATEIM GENERAL LIABILITY EACH OCCURRENCE *3,000,000_ X COMMERCIAL GENERAL LIABILITY TIRE°U.AGE IAN /onefso) $ 50,000 1 clAPAS LADE n OCCUR MED EXP (Arrows person) 5 5,000 Ai( CONT POLL LIAB__ ECC101009023 -00 09/30/09 09/30/10 PERSONAL&AOYINJORY *3,000,000 GENERAL AGGREGATE *3,000,000 )—fl AGGREGATE LIMIT APPLIES PER PER. PRODUCTS - COMPJOP AGO $3,000,000 X I POLICY n jECT I I LOC AUTOMOBILE LIABILITY COMBINED SRIGLELIMIT (Ea accident) 5 1,000,000 ANY AUTO ' • ALLOWNEO AUTOS BODILY INJURY 5 _— SCHEDULED AUTOS (Par person) . A X VIREO AUTOS ECC101009023 -00 09/30/09 09/30/10 BODILYINNRY s NON -O JED AUTOS INCLUDED IN GL (Per ex;deMI PROPERTY DAMAGE 5 -- (Per accident) GARAGELIABRRY - - -_ -- AUTO ONLY- EAACCIDENT 3 -_ __I ANY AUN . -- • OTHER THAN EA AGO 3 —_ AUTO ONLY: AGG 5 • EXCESS LIABILITY EACH OCCURRENCE $ I OCCUR n CLAIMS LADE AGGREGATE 5 5 DEDUCnBLE s RETENTION * WGSTAILL T EMPLOYERS' COMPENSATION AND ITORY uMrrs I ER EMPLOYERS' LABILITY E.L. EACH ACCIDENT 1 E.L DISEASE- EA EMPLOYEE $ EL DISEASE- POUCY UMR $ A OTHER PROF.LIAB. ECC101009023 -00 09/30/09 09/30/10 $3,000,000 OCCURRENCE. INC.IN GL ABOVE RETRO 9/30/1989 $3,000,000 AGGREGATE DESCRIPTION OF OPERATIONS IIACATQYSNEHICLESIEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROYIs1ON3 CERTIFICATE HOLDER I ' ADDITIONAL INSURED, INSURER LETTER: _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR To MAIL 3 N DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO S0 SHALL IMPOSE NO OROGATIONN OR LIABILITY OF ANY HIND UPON THE INSURER, RS AGENTS OR FOR INFORMATION ONLY — REPRESENTATIVES. AUTOO a /ti l t) �. ACORD 25 -S (7/97) G ACORD CORPORATION 1988 • • CERTIFICATE OF INSURANCE SVCH INSURANCE AS RESPECTS THE INTEREST OP THS CERTIFICATE HOLDER WILL NOT BE CANCELED OR tyTHERWIss TEIMENA= WITHOUT aim(' 20 DAYS PRIOR WRITTEN NOTICE TO tem CERTIFICATE HOLDER WANED DBLOW, BUT IN lro EVENT SHALL THIS c ERTIFICATE" BB' VAISD MORE THAN 30 BAYS FROM TOE DATE WRITTEN. TBIS CEATIFICATE OP INSURANCE DOES NOT CHANGE TIE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This cenif esihzt: &STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or 0 STATBFARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois Has coverage in force for the followingNamed Insured as shown below: Named Insured: FREY ENVIRONMENTAL INC 2817 LAFAYETTE ROAD SUITE A NEWPORT BEACH, CA 92663 • POLICY NUMBER P11 4012 -55 096 0280 -55 162 1957 -55 • 001 7718-55 125 2372 -55 163 6718 -55 034 7972 -55 125 3795 -55 177 0728 -55 038 3080 -55 1461281 -55 177 0730 -55 039 0131 -55 188 0503 -55 - 192 0999 -55 192 4337 -55 EFFECTIVE DATE OF 4110/09 - 411080 4/10/09 - 4110/10 4/10109- 4/10/10 POLICY DESCRIPTION OF All vehicles. All vehicles All vehicles VEHICLES � LIABILITY M'YES ONO M'YES ONO t(YES ONO COVERAGE LIMITS OF 1 Million 1.Million 1,000,000 LIABILITY Single Limit Single Limit Bodily Injury • Each person Each Accident . • I,40%000 • Property Damage 1,000,000 Each Accident // _ 1 � PHYSICAL DAMAGE 04.8 ONO IBS'E S ONO 0)(YES ONO COVERAGES 5500 Deductible 5500 Deductible 5500 Deductible _ a. Comprehensive / // // b. Collision DIMS ONO 1B6S ONO — BSS 17N0 51000 Deductible •• S1000 Deductible .' MOO Deductible EtwLOYER' 5 NON— DYES LBNO OYES El d0 OYES B160 • OWNERSHIP COVERAGE / // // HIRED CAR OYES 640 OYES QNO OYES SO • COVERAGE • 1718 07/13/09 Signature of Authorized RepresentotiveTitle Agent's CodeNumber Date • Name and Address of Certificate Holder Name and Address of Agent • MICHAEL K. VESBTR • STATE FAWN INSURANCE 30D E,ESPLANADE DR STE 1670 OXNARD, cA 92036 r- - _ 0305) 983 -3307 • • DATE (MMIDD(YYYY) ACORD • CERTIFICATE OF LIABILITY INSURANCE 06/30/2009 PRODUCER (714) 773 -0444 FAX (714) 773 -0196 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION STAIR Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE • HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0522957 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 110 East Wilshire Ave. Ste 409 NAIC Fullerton, CA 92832 INSURERS AFFORDING COVERAGE INSURED Frey Environmental, Inc. • INSURERA D elos Insurance Conpany __ P.O. Box 847 INSURER R: — Corona, CA 92878 INSURER C. INSURER D: INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — MSRADD' L POCY EPFEOTNE POLICY EXPIRATION LIMITS • wag TYPE INSURANCE POLICY NUMBER DA (MAl1UMYY) DATF IMMN) Yf GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED S COMMERCIAL GENERAL LIABILITY OEM `e -- -- 1 cia. SLLApE J OCCUR MED MP (Any one person) S PERSONAL & MW INJURY 5 GENERAL AGGREGATE 5 — GENL AGGREGATE OMIT APPLIES PER: PRODUCTS - COMP/OP AGO S —1 POLICY F 28 1 j LOC AUTOMOBILE LIABILITY COMBINEDSINGLE MST S • (Es accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY S (Per accident) NM' -OWNED AUTOS — PROPERTY DAMAGE $ __ - - -_ (Per ao&eny — AUTO ONLY- EA ACCIDENT S OARAOE LIABILITY OTHER THAN EA ACC $ f ANY AUTO AUTO ONLY: J ACC 5 EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 OCCUR El CLAIMS MADE AGGREGATE S 5 • O ECUCTIBLE 5 -- — 7 1 RETENTION 5 5 -- 07/01/2009 07/01/2010 XlTORY IT l ° _ EMPLORSCOMPBILITYONAND OIDKRM12007099 07 01 / / EMPLOYERS' LIABILITY EL. EACH ACCIDENT 5 1,000,000 e /L OmCERIMEMDR E(CLUDEDi LU00EXECUnVE EL. DISEASE- EA EMROYEE5 1 000,00e O %s. de IMEMBER — SPECIAL PROVISO NS describe bower EL. DISEASE- POLICY LBW S 1,000,000 _ _ OTHER E W DI AI' B O TI NS L ATIONSIVEHICLESIEXCWSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS i *10 -Day Notice for Non- Payment of Premium CERTIFICATE Hal L I _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURERWIILL ENDEAVOR TO MAIL 30 DAYS SPRIT TEN NOTICE TO THE CERTIFICATE HOLDER NAMED70 THE LEFT. Frey Environmental, Inc. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2817A La Fayette Rd. OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Newport Beach, CA 92663-3715 AUTHORIZED REPRESENTATIVE IY M1 nx q„ I' f)52,41 Charles Benz/EL.IZ �•�Lf•U�x.C4� •`"-(( ACORD 26 (2001105) @ACORD CORPORATION 1986 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • ACORD 25 (2001108) FREY 'r®n l I nca Statement of Qualifications • Chedille of ees • fa^s' • .. -.va �+2- -- K' 7 �s�sn ,.rr� _. �' e: �a'=�^�x.� ..�.3.�..`':$ 2010 SCHEDULE OF FEES FREY ENVIRONMENTAL, Inc. PERSONNEL. Personnel charges are for work directly related to projects. Charges for personnel services are based on an hourly rate for time charged to the project. Current personnel classifications and rates valid through December 31,2010 are as follows: PERSONNEL CHARGES RATE PER HOUR Professional Principal (C.E.G.) $150 /hour Senior Project (R.G., P.E.) $130 /hour Project $110/hour Senior Staff $100/hour Staff $90 /hour Technical Construction Superintendent $90/hour Senior Remedial Technician $85/hour Remedial Technician $80 /hour Senior Technician $80 /hour Technician $70 /hour Computer Drafting • Technical /Design (CADD) Illustrator $75 /hour Non Technical Administrative $70 /hour Office Assistant $60 /hour * includes geologists, geophysicists, hydrogeologists, hydrologists, civil engineers, chemical engineers, mechanical engineers, environmental engineers, and other scientists. Overtime for hourly or non - professional support staff will be billed at 1.25 times the listed hourly rates. For court appearances, presentations to regulatory boards, or other special requests for testimony, fees are charged on a half or full day basis; rates are available on request. PROJECT RELATED COSTS Project related costs of communication Including telephone, FAX, postage, and in -house reproduction will be charged as an administration fee of 5% of the personnel labor charges on the project. SUBSISTENCE AND TRAVEL Expenses incurred by project personnel wIll be charged at cost plus 15, percent. OUTSIDE SERVICES. All subcontracts, outside services, expendable supplies, and equipment rentals on behalf of the project will be charged at cost plus fifteen (15) percent. INVOICES. Invoices will normally be issued monthly, or at the completion of the project. All invoices are due and payable upon delivery, unless otherwise agreed in writing by FREY Environmental. Interest, at the rate of. 1 -1/2% per month, not to exceed the maximum rate allowed by law, will be payable on any amounts not pald within 30 days. (Continued on next page) EQUIPMENT RATE General Use Equipment Trucks /Flatbeds (1/2 ton to 2 ton) $95 /day; Mileage $ 0.50 /mile (in excess of 100 miles /day) Trucks /Service (Tooled) $90 /day Trucks (Groundwater sampling etc.) $90 /day Jackhammer (Electric) $75 /day Jackhammer /100 cfm Compressor $100 /day Concrete Saw $100 /day Pressure Washer $110 /day 5000 W Generator 110/230 volt $60 /day Hazardous Materials Safety Kit $20 /day Expendable Supplies $25/person Digital Camera $25 /day Groundwater Sampling/Well Development Equipment Electrical Submersible Pumps $100 /day (3" Standard and 3 15/16 " Grundfos) Electrical Submersible $200 /day (1.75" 230 volt) 2° 115 Volt Grundfos Submersible Pump $150 /day 4" 115 Volt Grundfos Submersible Pump $100 /day Trash Pump $75 /day Pneumatic Pump /Compressor $75 /day Bladder (Pneumatic) Pump/ Compressor $75 /day Bailers (steel, teflon, PVC) $10 /day /each • Water Level Indicator $25 /day pH/Temp /Conductivity Meter $40 /day Turbidity Meter $40 /day Dissolved Oxygen Meter $50 /day Boring/Well Construction /Soil Sampling /Monitoring Equipment OVA FID (Foxboro, Horiba) $150 /day PID (Mini -Rae) $100 /day • Draeger Pumps $20 /day • Draeger tubes $5 /each Field Head Space Equipment $25 /day Auger, Hand $25 /day Sampler, Hand $20 /day Core Tubes, 2 to 6" Brass or Stainless Steel $4 /each En Core Sampler $11 /each Drive Samplers, 2" or 2.5" $40 /day Air Pumps $10 /day (11' Mercury) Tedlar bags $12 /each Note: All trucks are completely tooled for the tasks for which the trucks are Intended. MATERIALS Costs Available on Request. (Revised 1/10)