SUBJECT: RESOLUTION NO. - AWARD OF CONTRACT CONSULTANT: ENV AMERICA INCORPORATED ASBESTOS AND LEAD MANAGEMENT CONSULTANT

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1 Lv\ THE PORT OF LOS ANGELES Executive Director's Report to the Board of Harbor Commissioners DATE: MARCH 26, 2009 FROM: CONSTRUCTION DIVISION SUMMARY: This Agreement provides for an on-call asbestosllead abatement consultant to provide asbestos/lead site assessments, monitoring of asbestos/lead abatement for demolition, and renovation projects throughout the Port of Los Angeles (Port), and providing plans and specifications for asbestos/lead abatement work for inclusion in the City of Los Angeles Harbor Department (Harbor Department) construction contracts. ENV America Incorporated, located in Long Beach, California, is recommended to provide the required services. The Agreement is for a not-to-exceed amount of $1,000,000, and the duration is 1,095 calendar days. RECOMMENDATION: It is recommended that the Board of Harbor Commissioners: 1. Find that in accordance with the City of Los Angeles Charter Section 1022, work under the subject Agreement can be performed more economically and feasibly by an independent contractor than by City employees; 2. Approve the proposed Agreement with ENV America Incorporated; 3. Adopt Resolution No. to award the above mentioned Agreement to ENV America Incorporated in the not to exceed amount of $1,000,000; that payment be authorized from the Miscellaneous Professional Services account. The Agreement duration for performance of the work will be 1,095 calendar days from the Notice to Proceed; and 4. Authorize the Executive Director to execute and the Board Secretary to attest to this Agreement for and on behalf of the Board.

2 DATE: MARCH 26, 2009 PAGE 2 OF 5 DISCUSSION: 1. This Agreement provides for an on-call lead and asbestos consultant who will provide asbestosllead site assessments, monitoring of asbestos/lead abatement for demolition and renovation projects throughout the Port and providing plans and specifications for asbestos/lead abatement work for inclusion in the Harbor Deptartment construction contracts. The scope of work is provided in Transmittal No. 3, Exhibit B, and includes the following: Comprehensive Asbestos/ Lead Building Surveys. Consultant will conduct comprehensive asbestos/lead identification building surveys (engineering surveys) for the purpose of developing contract specifications for abatement of asbestos/lead containing material prior to building demolition or renovation. Asbestos Abatement Project Design (specifications). Consultant will develop a written detailed project design specification specific to each project directive. Asbestos/ Lead Abatement Monitoring and Surveillance. Consultant's monitoring and surveillance representative shall conduct air sampling for the structure owner during abatement activities. Post- Abatement Work and On-Site Analysis. On-site analysis of Phase Contrast Microscopy air samples will be performed by persons who are State of California certified. Lead and Asbestos services are specialized, utilizing unique tools and methods and require training, licensing, and experience that city staff do not possess. This Agreement will be primarily used for facilities that are planned for demolition or renovation as part of the Port's ongoing Capital Improvement Program (CIP). A separate agreement under the Environmental Management Division addresses the lead and asbestos survey and monitoring needs for ongoing operations throughout entire Port complex. 2. A Request for Proposals was issued to the public on March 24, Twentytwo proposals were received on or before the deadline of April 17, The proposals were evaluated by a committee composed of three representatives from the Construction Division and one representative from the Environmental Management Division. The committee evaluated the Proposals based on the following criteria (See Transmittal Nos. 1 and 2): Understanding of project;

3 DATE: MARCH 26, 2009 PAGE 3 OF 5 Understanding of scope of work including comprehensive site assessment and report, monitoring of lead/asbestos on various projects, ability to identify and propose solutions, laboratory services, abatement procedures, clean-up methods and safety; Project team and key personnel; Project manager; and Value of service and cost effectiveness. The committee evaluated all twenty-two proposals and on May 19, 2008, selected the following five firms, which were interviewed on September 22, ENV America Incorporated, Long Beach, California ; Winzler & Kelly, Anaheim, California; Arcadis U.S., Fullerton, California; CTL, Harbor City, California; and Bureau Veritas North America, Costa Mesa, California. The evaluation committee selected ENV America Incorporated as the most qualified firm because of their experience, qualifications, and cost effectiveness. Please see Transmittal No. 2 for the consultant ranking and percent subcontracting. Negotiations were completed in November 2008, and the Agreement was submitted to the City Attorney's office for final review. Since a new agreement format was being developed by the City Attorney's office, this Agreement was not finalized until the new form was developed. 3. This Agreement exceeds the Port-wide 25% small business participation requirement. The selected firm, ENV America Incorporated, is a small business enterprise, therefore making this Agreement 100% SBE. Subconsultants to ENV America Incorporated, all of which are small businesses, will perform approximately 28% of the work under this contract. Their sub-consultants are: Knox Architects, Los Angeles, California ; EMS Laboratories, Inc., Pasadena, California; and Soil and Plant Laboratory, Orange, California.

4 DATE: MARCH 26, 2009 PAGE40F 5 ENVIRON MENTAL ASSESSM ENT: As an ongoing administrative activity, the Director of Environmental Management Division has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(f) of the Los Angeles City CEQA Guidelines. ECONOMIC BENEFITS: Spending under this contract for lead and asbestos consulting services is estimated to support the equivalent of 30 one-year full-time equivalent jobs in the five-county regions. FINANCIAL IMPACT: Funding for the current fiscal year in the not-to-exceed amount of $100,000 is budgeted in Account No Miscellaneous Professional Services, Center No. 1900, Program No The funds expended under this Agreement will be associated with construction contracts, and will be capitalized. Upon Board approval, future fiscal year funding will be budgeted as part of the annual budget process and is expected to be expended as follows: FY 2008/2009 FY 2009/2010 FY 2010/2011 FY 2011/2012 Total $100,000 $1,000,000 Although the consultant is not obligated to perform any work under the agreement in any fiscal year in which no appropriation for the agreement has been made, the consultant agrees to resume performance of the work required by the agreement on the same terms and conditions for a period of 60 days after the end of the fiscal year if an appropriation therefore is approved by the Board within that 60-day period. The consultant is responsible for maintaining all insurance and bonds during this 60-day period. The time for performance shall be extended during this period until the appropriation is made; however, such extension of time is not compensable.

5 DATE: MARCH 26, 2009 PAGE 5 OF 5 If in any subsequent fiscal year funds are not appropriated by the Board for the work required by the agreement, the agreement shall be terminated. However, such termination shall not relieve the parties of liability for any obligation incurred. The agreement will support projects during design and construction phases. Most, if not all, charges will be made to capital accounts. CITY ATTORNEY: The Office of the City Attorney has prepared and approved as to form the proposed Agreement. TRANSMITTALS: 1. Consultant Evaluation Criteria 2. Consultant Evaluations and Rankings with subconsultants of selected firm 3. Personal Services Agreement (Including Exhibits) SHAUN SHAHR STANI Chief Harbor Engineer Construction Division MI HAEL R. CHRISTENSEN Deputy Executive Director / APPROVED: A:lhll m/sr Lead Asbestos RFP