Resolution No. 94611
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RESOLUTION NO. 9461
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND
BETWEEN THE CITY OF VERNON AND PCR SERVICES
CORPORATION AND WM HEALTHCARE SOLUTIONS, INC.
WHEREAS, the City of Vernon ("City") has received a proposal
from WM Healthcare Solutions, Inc. ("WM Healthcare") for the
development of a biohazardous medical waste treatment/transportation
facility at 4280 Bandini Boulevard, which requires the issuance of a
Conditional Use Permit and other permits and approvals by the City;
and
WHEREAS, the City has determined that an environmental
review is required prior to the issuance of the Conditional Use Permit
under the California Environmental Quality Act ("CEQA") and the State
CEQA Guidelines; and
WHEREAS, WM Healthcare has agreed to pay for the preparation
of any necessary environmental review documents; and .
. WHEREAS, the City desires to retain the services of PCR
Services Corporation ("PCR") to conduct an environmental review for
the proposed Autoclave facility at 4280 Bandini Boulevard; and
WHEREAS, the Director of Community Services & Water has
recommended that an agreement for the environmental consulting
services be executed with WM Healthcare and PCR to furnish the
services required by the City; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
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(necessity to enter into an agreement with WM Healthcare and PCR setting
forth the terms and conditions for the performance of the environmental
consulting services to enhance services provided to the Vernon
community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2 The City Council of the City of Vernon hereby
approves the Agreement for Professional Services with WM Healthcare
and PCR, a copy of which is attached hereto as Exhibit A and
incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement with WM
Healthcare and PCR for, and on behalf of, the City of Vernon and the
City Clerk is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to give one fully executed
Agreement to:
PCR Services Corporation
Attn. Gregory Broughton, President
233 Wilshire Boulevard, Suite 130
Santa Monica, CA 90401
WM Healthcare Solutions, Inc.
Attn. Robert Shaw, Vice President
1001 Fannin Street, Suite 4000
Houston, TX 77002
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SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 6th day of November, 2007.
ATTEST:
MANUELA GIRON, C'ty Clerk
s. r
Name: Leonis C. Malburg
Title: Mayor r/fanr pry mom
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9461, was
duly adopted by the City Council of the City of Vernon at an adjourned
regular meeting of the City Council duly held on Tuesday, November 6,
2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
(SEAL)
MANUELA GIRDN, City Clerk
- 4 -
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") is between the City of
Vernon, a California municipal corporation (the "City"), PCR Services Corporation, a California
corporation ("PCR"), and WM Healthcare Solutions, Inc., a Delaware corporation and subsidiary
of Waste Management, Inc. (the "Developer").
RECITALS
The City has received a proposal from the Developer for development of biohazardous medical
waste treatment/transportation facility at 4280 Bandini Boulevard in Vernon, California, which
requires issuance of a Conditional Use Permit and other permits and approvals by the City (the
"Project").
The City has determined that an environment review is required prior to issuance of the
Conditional Use Permit, under the California Environmental Quality Act ("CEQA") and the
State CEQA guidelines.
The Developer has agreed to pay for the preparation of any necessary environmental review
documents, as set forth herein.
The City is authorized to execute this Agreement with PCR, if the total costs of the Services
performed pursuant to the Agreement are paid by the Developer.
The. City and the Developer desire to contract with PCR to conduct an environmental review, as
described in the attached Scope of Services.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows.
1. Performance of Services. PCR agrees to perform professional services and provide
deliverables to the City and the Developer (collectively the "Services") with respect to the
Project, in accordance with the terms and conditions of this Agreement.
2. Standard of Performance. PCR represents and warrants that each staff person to be
assigned to perform the Services is fully qualified to conduct the work required hereunder.
PCR shall be responsible, to the level of competency presently maintained by other
practicing professionals performing the same type of work in the State of California, for the
professional and technical soundness, accuracy and adequacy of all work and materials
furnished under this Agreement. Luci Hise-Fisher shall act as PCR's project manager and
representative.
3. Scope of Services and Deliverables. The Scope of Services to be undertaken by PCR and
the Deliverables to be provided to the City and the Developer are set forth in the Scope of
Services attached hereto as Attachment A.
4. Changes. The City and the Developer may at any time by written authorization change the
Scope of Services or Deliverables to be provided by PCR hereunder. If such change results
in an increase or decrease in the Services, PCR will provide written notice to the City and the
Developer of the change including any increase or decrease in the price, before proceeding
with the work. No changes shall be implemented by PCR unless they are first approved by
the City and the Developer in writing. The City and the Developer shall have no obligation
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 2 of 7
to pay PCR :for any work not previously approved by the City and the Developer in writing.
Scheduled work may, however, be delayed by time needed to obtain written authorization of
any change.
5. Time of Performance. PCR agrees that it shall regularly and diligently perform the Services
in the time and sequence specified in Attachment A. The City and the Developer warrant
their understanding that the Services PCR is to undertake are in part dependent on
information, decisions and activities by others, including the City and the Developer, which
PCR does not and cannot control, and that to the extent that delays occur due to such
circumstances beyond PCR's control, the time of performance cited in Attachment A may be
extended for a reasonable period of time not to exceed the length of the delay.
6. Compensation. For all labor, materials and services provided by PCR, including all
expenses, based on the fee schedule set forth in the Scope of Services, PCR shall receive a
total contract compensation not to exceed the amount set forth in Attachment A, unless
subsequently modified and approved by the City and the Developer in writing. PCR's right
to compensation shall not be dependent upon the City's approval or disapproval of the,
Project, or upon the result of any City action relating to the Developer.
7. Method and Time of Payment.
7.1. PCR shall submit monthly invoices to the City for the Services rendered, including any
direct costs incurred, with a copy to the Developer, which invoices shall be paid within
30 days of the date delivered to the City, subject to any amounts disputed in good faith
as described below. If such statements are not so paid when due, the unpaid amount
thereof, to the extent determined to due and payable hereunder, shall bear interest at the
rate of 10% per annum from their due date until paid.
7.2. Developer may dispute any part of a PCR invoice by providing a written notice of such
dispute, with reasonable details, to City, which written notice of dispute City shall
provide to PCR, unless City provides to Developer a written determination made in good
faith that there is no reasonable basis for Developer's dispute. Should the City dispute
any part of a PCR invoice, the basis of such dispute shall be delivered to PCR in writing
within ten (10) calendar days of the subject invoice transmittal date. If such notice from
the City is received by PCR, PCR reserves the right to reasonably modify the time of
performance as set forth in the Scope of Services pending resolution of the dispute.
8. Financial Obligations by Developer.
8.1. The Developer shall pay all costs for PCR's performance of the work set forth in
Attachment A. Within ten (10) working days of the effective date of this Agreement, the
Developer shall submit payment to the City in the amount of forty six thousand fifty
dollars ($46,050.00), which represents the amount set forth in Attachment A through a
Phase I traffic assessment, and an additional payment in the amount of ten thousand
dollars ($10,000.00) for the City's contract administrative costs in undertaking the
environmental review and permit issuance process. If it is determined that a Phase II
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 3 of 7
traffic study is required in accordance with the criteria set forth in the Scope of Services,
within ten (10) working days of such determination Developer shall submit an additional
payment to the City in 'the amount of twenty thousand one hundred dollars ($20,100.00).
Thereafter, in the event that the City determines that CEQA requires additional
environmental analysis or document preparation not covered in the Services to be
provided by PCR, including but not limited to preparation of a Mitigated Negative
Declaration or an Environmental Impact Report, and upon approval by the City and the
Developer of an amendment to the Scope of Services, then the Developer shall transmit
additional monies to the City for payment of these additional services and additional
City administrative costs, within ten (10) working days of any such amendment to the
Scope of Services, In addition to the above, the Developer shall pay, within ten (10)
working days of the request, any additional amounts required to compensate the City for
its administrative costs related to the Project, as such additional amounts are agreed to by
the City and the Developer.
8.2. If at any time, the review process for the Project is terminated, or if the review process is
completed, any unencumbered funds previously deposited by the Developer shall remain
in the possession of the City and, within thirty (30) days after the City's final payment to
PCR, the City shall refund all such remaining unencumbered funds to the Developer
9. Ownership of Report. Without prior written approval from the City and the Developer,
PCR shall not provide, or disclose any of the contents of, the report, data, and exhibits
prepared or assembled by PCR in connection with the performance of the Services to any
person other than the City and the Developer. All such reports, data, and exhibits shall be the
separate property of each of the City and the Developer, and the original shall be delivered to
the City and the Developer upon demand. PCR shall have the right to retain copies of all of
its work upon completion of the Services, subject to its non -disclosure requirement provided
herein.
10. Sharing of Information. It is the intent of the parties that the report, data, exhibits or study
results prepared, developed or assembled by PCR are to be shared equally and concurrently
with both the City and the Developer. PCR agrees that that no report, data, exhibits or study
results shall be provided to either the City or the Developer, unless those same materials have
previously or simultaneously been provided to the other. Notwithstanding the above, PCR
may, as it deems necessary, consult with either the City or the Developer individually for the
purpose of obtaining information required for the preparation of the report, data, exhibits or
study results.
ILInsurance,
11.1. PCR shall maintain insurance in the minimum amounts set forth below before
beginning work on the Project, and, upon the City's or the Developer's request, provide
the City or the Developer with certificates evidencing full compliance with the
requirements of this provision:
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 4of7
Minimum Required Insurance Per Aggregate
Occurrence
a. Workers Compensation
Statutory Employer's Liability ................. $1,000,000 $2,000,000
b. Comprehensive General and Contractual
Liability:
Bodily injury or property damage ............ $1,000,000 $2,000,000
Personal injury, with employee exclusion $1,000,000
deleted
c. Comprehensive Automobile Liability for all
owned, hired and non -owned vehicles:
Bodily injury and property damage.......... $1,000,000 $2,000,000
d. Professional Liability ...................................... $2,000,000 $2,000,000
12. Indemnification.
12.1. PCR agrees to indemnify, hold harmless and defend the City, the Developer, and
their respective affiliates, employees and agents from and against any liability, claim,
demand or cause of action in which PCR is named as a party thereto, and which action
arises as a result of PCR's negligent performance of the Services or breach of its
obligations under this Agreement. The amount payable by PCR with respect to such
indemnification shall, however, be limited to the greater of (1) the amount paid by the
proceeds of insurance identified herein and carried by PCR, or (2) the amount of
compensation actually paid to PCR hereunder by the Developer; provided such
limitation shall not apply to any liability, claim, demand or cause of action based on
PCR's grossly negligent, intentional or willful misconduct or fraudulent actions.
12.2. The Developer, independent of the indemnity obligation of PCR, agrees to
defend, indemnify, hold harmless and defend the City and its elected officials from and
against any liability, claim, demand or cause of action arising from any third party action
brought against the City or its elected officials challenging the adequacy of the
environmental review or the issuance of any permits or approvals for the Project.
13. Independent Contractor. PCR shall perform the Services hereunder as an independent
contractor and no partnership, joint venture or other joint or fiduciary relationship between
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 5 of 7
PCR, the City and the Developer shall be implied hereby. This Agreement shall not be
construed to authorize PCR, or any of its employees or authorized agents, to act as the
representative of the City or the Developer, unless otherwise provided for in the scope of
services.
14. Nondiscrimination. PCR shall not. discriminate against any employee or any applicant for
employment because of race, religion, color, sex, national origin or disability, in accordance
with all requirements of state and federal law.
15. Successors and Assigns. This Agreement shall be binding upon the successors, assigns and
legal representatives of PCR, the City and the Developer.
16. Assignment. PCR agrees that it shall not assign or subcontract the Services described herein
or any part thereof without the prior written approval of the City and the Developer.
17. Notice. Written notice under this Agreement shall be deemed to have been duly given if
delivered in person or sent by (a) certified mail, return receipt requested, (b) a nationally
recognized overnight courier, or (c) a facsimile transmission with automatic answer back, to
the addresses set forth on the execution page of this Agreement.
18. Attorneys' Fees. In the event that litigation is necessary to enforce the provisions of this
Agreement, the prevailing party in said litigation shall be entitled to recover reasonable
attorneys' fees from the opposing party in an amount determined by the court to be
reasonable.
19. References. Any reference to the approval, consent, authorization or other action by "the
City and the Developer" in this Agreement shall mean the joint approval, consent,
authorization or action of both parties.
20. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
21. Suspension and Termination.
21.1. The City or the Developer may suspend or terminate this Agreement at any time
by written notice to PCR, whether or not PCR is in default. Upon receipt of a
termination notice, PCR shall (a) promptly discontinue all Services affected (unless the
notice directs otherwise), and (b) deliver, or otherwise make available to the City and the
Developer, all data, drawings, specifications, reports, estimates, summaries and such
other information and materials as may have been accumulated by PCR in performing
Services authorized hereunder, whether completed or in progress.
21.2. If the City or the Developer seeks to resume PCR's services on the Project within
three months following a notification of suspension, there shall be no change in PCR's
compensation. In the event the City or the Developer seeks to resume PCR's services on
the Project after being suspended for more than three months, PCR's compensation shall
be equitably adjusted.
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 6 of 7
21.3. PCR may terminate this Agreement as a result of the City's and the Developer's
breach of their obligations under this Agreement, upon ten (10) days written notice to the
City and the Developer if City and Developer fail to cure such breach within such period
of time. Upon delivery of a termination notice, PCR shall (a) promptly discontinue all
Services affected (unless the notice directs otherwise), and (b) deliver, or otherwise
make available to the City and the Developer, all data, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by PCR in performing Services authorized hereunder, whether completed
or in progress.
21.4. In the event that the termination of this Agreement is for any reason. other than the
fault of PCR, then PCR shall be compensated in accordance with the provisions of the
Scope of Services for the Services performed and expenses incurred to the date of such
suspension or termination, plus any reasonable costs and expenses which are reasonably
incurred by PCR to effect such suspension or termination.
22. Contract Term. This Agreement shall commence beginning on the date of execution by all
the parties and expire on the close of business on June 30, 2007, or the completion of the
Services, whichever occurs earlier, unless extended by mutual agreementof the parties.
23. Entire Agreement. This Agreement represents the entire agreement between PCR, the City
and the Developer and supersedes all prior negotiations, representations or agreements. This
Agreement may be amended only by a written instrument signed by an authorized
representative of PCR, the City and the Developer.
IN WITNESS WHEREOF, the parties hereto, each of whom warrants that they are
authorized to execute agreements on behalf of PCR and the Developer, have executed this
Agreement on the date set forth below.
(intentionally left blank)
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 7 of 7
Executed at
City:
City of Vernon
Leonis C. Malburg, Mayor
ATTEST:
. ��•� �. .i i 4N,:ni�
Giron, City Clerk
PCR Services Corporation,
a California corporation
233 Wilshire Boulevard, Suite 130
Santa Monica, California 90401
ByoJ
Gregory Broughton, Pr id nt
Date: 22r o
By
Print Name C7Qe py� QOU �h�o
Title Sar-elz caq
Date: //Z A-Lo 7
California, on
APPROVED AS TO FORM:
Jeff A. Harrison City Attorney
WM Healthcare Solutions, Inc.
1001 Fannin Street
Suite 4000
Houston, TX 77002
LIM
Date:
R-A
Print j
Date:
. �e —
Robert B. Shaw, Vice President
EXHIBIT A
II 11111117
PCR
January 11, 2007
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, CA 90058
Re: PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY FOR A
PROPOSED AUTOCLAVE FACILITY
Dear Mr. Wilson:
PCR Services Corporation (PCR) is pleased to submit this revised letter proposal to prepare
an Initial Study (IS) for the proposed Autoclave facility at 4280 Bandini Boulevard in the City of
Vernon. Included in this proposal are our understanding of the project; a scope of work outlining
tasks, methodologies, and deliverable products; schedule for completion of the Initial Study; and fee
proposal.
PROJECT UNDERSTANDING
The project site is located at 4280 Bandini Boulevard in the City of Vernon. The
approximately 2.2 acre site is used and is permitted for waste hauling activities. The site is currently
zoned M-2, Heavy Industry. The Applicant proposes to retain the existing building and to develop
an autoclave facility within an existing on -site building. Minor modifications would be made to the
rear of the building to accommodate the proposed facility. A pressurized, steam -heated vessel
would be used to treat medical waste that is delivered to the site. Based on Section 26.3.6-3 of the
City's Municipal Code, such a facility would be allowed in the M-2 district with a Conditional Use
Permit (CUP).
SCOPE OF WORK
The City of Vernon (the City) will serve as the Lead Agency for the environmental review
process for the project pursuant to the California Environmental Quality Act (CEQA). We
understand the City intends to enter into a three -party agreement with PCR and the Applicant.
The proposal is for the preparation of an Initial Study. If it is determined that a Mitigated
Negative Declaration (MND) is appropriate, the Initial Study/MND and Notice of Intent would be
prepared and distributed. However, if it is determined that an Environmental Impact Report (EIR) is
required, an amendment to the scope of work would be necessary.
PCR has developed a comprehensive work program consisting of four tasks necessary to
complete the Initial Study for the project. Table 1 indicates these tasks, which are described in detail
below.
233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401 INTERNET www.pernet.com TEL 310.451.4488 FAx 310.451.5279
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 2
Table 1
Task No. Description of Task
1 Data Collection/Preparation of Project Description
2 First Draft IS and Supporting Documentation
3 Revisions to IS
4 Meetings and Coordination
Task 1 — Data Collection/Preparation of Project Description
l li Ill�lh�
PCR
To initiate the task, PCR will attend a start-up meeting with the City to establish
communication protocols, discuss the site plan and process, confirm our understanding of the
project, discuss key issues, and review the project schedule. Following the meeting, PCR will
collect and develop baseline environmental data for use in the analysis. This effort will involve site
surveys through notation, mapping, and photography as well as a review of plans, regulations, and
documents relevant to the project site.
During this task, PCR will also prepare a memorandum identifying any outstanding
information necessary for completion of the Project Description and the IS. Upon receipt of
requested information and completion of data collection, PCR will prepare a Project Description for
submittal to the City for review. Based on one set of consolidated comments, PCR will revise the
Project Description.
Products
■ Memorandum of Data Needs
■ Project Description
Task 2 — First Draft IS and Supporting Documentation
The documentation necessary for completion of the IS will consist of the City's Initial Study
Checklist form accompanied by an Explanation of Checklist Determinations and the Project
Description cited above. The Explanation of Checklist Determinations will discuss each of the
issues included within the Initial Study Checklist and, if appropriate, will substantiate why each of
the environmental issues included within the Initial Study Checklist will not result in significant and
unavoidable impacts to the environment. Specifically, in accordance with CEQA, the Explanation
of Checklist Determinations will determine whether the project would result in no impact, a less than
significant impact or a less than significant impact with implementation of mitigation measures.
PCR will draw on a range of in-house technical expertise to provide a complete and accurate
assessment that will reach one of these conclusions. Based on our current understanding of the
project, while the IS will address all of the issues within the Initial Study Checklist, we expect that
the IS will focus on the discussions of health risk/air quality and traffic impacts.
233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401 INTERNET www.pernet.com TEL 310.451.4488 FAx 310.451.5279
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON q1F2=
January 11, 2007 - Page 3
Air Quality
Over the years, PCR has worked closely with South Coast Air Quality Management District
(SCAQMD) staff members to develop an understanding and define expectations for the
quantification and assessment of pollutant emissions from projects similar to the proposed project.
Based on this knowledge and experience, PCR's air quality analysis for the project will consist of
the following discussions and analyses: (1) regulatory setting and requirements; (2) existing air
quality conditions; (3) quantification of daily localized and regional construction emissions; (4)
quantification of regional operational (post -construction) criteria pollutant emissions from mobile
and stationary sources; (5) quantification of carbon dioxide (CO) concentrations at up to four of the
most congested intersections with the highest project traffic contribution; (6) qualitative discussion
of the potential to create or release airborne toxic air contaminants and toxins, (7) assessment of the
project's consistency with the Regional Air Quality Management Plan (AQMP); and (8)
identification of potential mitigation measures where feasible. All analyses will be conducted
pursuant to the standards and guidelines set forth by the California Air Resources Board and the
SCAQMD.
In addition to the above analyses, the air quality analysis will also address localized impacts
attributable to project CO, NO2, and PM10 emissions during construction. While the need for the
inclusion of these particular analyses reflects the latest SCAQMD protocols and recommendations,
not all consulting firms are including these analyses in their scopes of services. We have elected to
include, them as part of our work program in response to SCAQMD recommendations as well as
more and more frequent inquiries from the public regarding the health effects of air pollution.
Traffic
The proposed scope of services is divided into two phases to be undertaken by Kaku
Associates, Inc. Phase 1 includes the preparation of an initial traffic assessment for the proposed
project that is directed at determining whether the trip generation of the proposed project is similar
to or less than that allowed by the existing CUP for the site. If this is the case, a full traffic impact
study may not be warranted. The initial traffic impact assessment will consist of the following tasks:
• The physical characteristics of the site and the immediately surrounding road network
will be surveyed to verify field conditions
• Kaku Associates will attend a project initiation meeting with the City to discuss the
existing use on the site, the details of the proposed project (planned operational
characteristics, anticipated buildout year, improvements to the project site, etc.) and
the proposed approach to assessing potential traffic impacts that may be associated
with the proposed project.
233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401 INTERNET www.pernet.com TEL 310.451.4488 FAx 310.451.5279
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 4
City staff will be asked to verify the relevant policies and regulations associated with
their traffic study procedures and to provide any relevant information or documents,
such as recent traffic studies for projects in the vicinity, and planned improvements to
the local street system (either as capital improvement program projects or as
mitigation measures for other projects).
• Based on the planned operation of the proposed project, trip generation estimates will
be prepared for the weekday morning and afternoon peak hours and on a daily basis.
New traffic counts will be conducted during the morning and afternoon peak periods
(7:00 to 9:00 A.M. and 4:00 to 6:00 P.M.) on a typical weekday at the primary
driveway serving the project site (Bandini Boulevard and Bonnie Beach Place) and at
the eastern driveway to determine the actual existing trip generation of the site. In
addition, machine traffic counts would be conducted on these driveways to determine
the actual daily trip generation of the site.
The observed trip generation of the site will be compared to the trip generation
allowable under the existing CUP and to the estimated trip generation of the proposed
project.
A technical memorandum will be prepared to document the trip generation analysis
for the site, consistent with the issues identified above. The draft letter report will be
submitted for review by the City and finalized following receipt of comments. If the
results of the analysis support the conclusion that, from a traffic impact perspective,
the proposed project would be substantially similar to what is currently occurring or
is currently allowable under the existing CUP, no further analysis would be necessary.
In Phase 2, as necessary, if the results of Phase 1 indicate that substantially more traffic
would be generated by the proposed project, a full traffic impact study will be prepared. This phase
of work will include the following steps:
Discussions will be held with City staff to identify the scope and parameters of the
traffic impact study. This proposal assumes that detailed weekday A.M. and P.M. peak
hour capacity and impact analyses will be conducted at up to six study intersections
and that new baseline traffic counts will be conducted at each location. Based on our
understanding of the proposed project and its location within the surrounding street
system, Kaku has preliminarily identified the following intersections:
— Bandini Boulevard and Soto Street
— Bandini Boulevard and Downey Road
— Bandini Boulevard and Bonnie Beach Place
233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401 INTERNET www.pernet.com TEL 310.451.4488 FAx 310.451.5279
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 5
— Bandini Boulevard and eastern project driveway
— Bandini Boulevard and I-710 southbound off -ramp
i
PCR
— Bandini Boulevard and Atlantic Boulevard/I-710 northbound ramps
If the number of intersections that is ultimately required differs substantially from what is
described here, a revised proposal will be submitted.
• An inventory will be made of the existing street system serving the study area,
including number of lanes, street widths, traffic control devices, and operational
characteristics. Needed existing traffic volume data, including A.M. and P.M. peak
period intersection turning movement counts, will be identified and gathered by the
consultant, working with City staff. To the extent that such data is available, the
budget allocated for new baseline traffic counts will not be expended.
• A detailed assessment of existing operating conditions and constraints in the study
area, focusing on the study intersections, will be made for the A.M. and P.M. peak
hours. Levels of service will be quantified at the study intersections in accordance
with City guidelines.
• City staff as well as staff of the surrounding jurisdictions of Los Angeles, Los
Angeles County, Bell and Commerce will also be contacted to obtain information on
cumulative development projects in the vicinity that may be implemented in the same
time frame as the proposed project.
• Future base (i.e., no project) traffic conditions for study intersections will be
projected, utilizing the list of cumulative development projects and an ambient
growth factor, to be identified following discussions with City staff.
• Estimates of project -generated traffic prepared in Phase 1 will be assigned to the
study intersections on the basis of the site's location within the surrounding street
network and, if known, the anticipated service area of the proposed project.
• Future conditions with development of the proposed project, including background
traffic growth, cumulative developments in the vicinity of the study area, and traffic
generated by the project.
• An assessment will be made of projected operating conditions at the study
intersections and any potentially significant traffic impacts of the proposed project
will be identified. The analysis described above will be used to identify locations
with projected problems associated with traffic congestion (i.e., insufficient capacity),
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Mr. Kevin Wilson, Director of Community Services wqp�
CITY OF VERNON
January 11, 2007 - Page 6
operational issues (i.e., inefficient lane configurations, signal phasing, etc.), and
safety problems.
If necessary, appropriate mitigation measures will be developed to alleviate negative
traffic impacts that are identified. Potential mitigations will be examined to
determine their physical feasibility and effectiveness and could include roadway
improvements, operational changes, transportation systems management (TSM)
measures, or changes in the project. As appropriate, proposed mitigation measures
will be discussed with staff of Vernon, Los Angeles and Caltrans. Any unavoidable
impacts will be identified. Recommended physical improvements will be evaluated
from a conceptual planning perspective only (preliminary engineering drawings are
not included as part of this work scope).
The site layout plans will be reviewed to ensure that the internal circulation proposed
as part of the project is adequate to accommodate anticipated traffic flows. If
necessary, appropriate mitigation measures will be recommended.
• A work session will be held with City staff to present the draft report for their review
and to review the proposed mitigation program, if applicable. After review of the
draft report, it will be revised to incorporate any final adjustments deemed necessary
to publish a final report.
Noise
PCR will prepare a noise analysis for the construction and operation of the autoclave facility.
We will measure existing ambient noise environment through a series of short term measurements
(15-minutes samples) conducted at two off site locations in the vicinity of the project boundary. In
addition, PCR will review applicable noise regulations and criteria to establish the significance
threshold for noise impacts. PCR will review and assess project construction -related noise impacts
based on the standards methodology and procedures established by the Environmental Protection
Agency (EPA). The operational analysis will include a review of the proposed specifications for
mechanical equipment associated with typical operation of the proposed autoclave (provided by the
client) and project related truck circulation. PCR will develop mitigation measures, if necessary, to
ensure project compliance with the applicable noise regulations.
Hazards and Hazardous Materials
The proposed facility will operate in such a manner as to minimize discharges of hazardous
compounds to the environment during transport, storage, and treatment. According to the
applicant's design plans, the steam from the autoclave will be captured, cooled, and the resultant
water released to the municipal sewer, preventing the airborne release of visible or toxic emissions
during on -site treatment. Potential risks associated with the discharge of process water will be
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 -Page 7
�� II l�idil�
PCR
discussed. PCR will also analyze the project's potential to create a hazard to the public through the
routine transport of potentially hazardous material, specifically medical waste being transported by
track to the facility. These analyses will include wastes to be treated on -site, and wastes transported
to the site for consolidation and subsequent transport to another disposal facility. In addition, PCR
will analyze the project's potential to impact the public or the environment during an upset condition
involving hazardous materials used or stored on -site, such as chlorine or other hazardous chemicals
used to disinfect process water. PCR will identify all hazardous materials anticipated to be on -site
and potential risks associated with any of these materials will be discussed in the IS. It is anticipated
that a qualitative discussion on risk, consequences, and risk reduction will suffice. Depending on the
quantity of the specific hazardous material identified, more quantitative analyses may be required,
and a separate scope and cost may be necessary later.
Services and Utilities
PCR will analyze the project's potential impacts on public services and utilities, including
fire, water, and sewer. PCR assumes that the City or a civil engineer will provide data to
demonstrate that no capacity constraints for utility infrastructure exist.
Products
■ First Draft IS
Task 3 — Revisions to IS
PCR assumes that one round of review for the IS will be required. After the team review,
PCR will incorporate team comments into the Initial Study Checklist and Explanation of Checklist
Determinations. Upon incorporation of the revisions, PCR will submit the IS to the City for final
review.
Upon finalization of the IS, PCR will submit 25 copies of the document to the City.
Products/Services
Twenty-five (25) copies, one single -sided reproducible, and an electronic copy of
the IS
Task 4 — Meetings and Coordination
The cost estimate for meetings and coordination provided in the table below includes three
meetings projected to occur as part of Tasks 1 through 3. Meeting attendance at up to three
meetings is budgeted for PCR and Kaku Associates. Included within this task are one team meeting
at project initiation (Task 1), one team meeting following initial review of the first draft of the IS
(Task 3), and potentially one meeting with the City during City review. It is assumed that no public
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� � a
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 8
II II !I�IIII
PCR
meeting or hearing attendance will be required. Additional meetings will be attended on a time and
materials basis.
Other
The scope of work is for the preparation of the Initial Study for the proposed autoclave
facility. Upon completion of the Initial Study, PCR assumes the City will prepare, post and circulate
the Notice of Intent (NOI) and the document for the public review period mandated by CEQA.
Finally, it is assumed that the City will file the Notice of Determination (NOD) with the County
Clerk. If additional assistance is requested of PCR for these steps, the work could be completed on a
time and materials basis.
SCHEDULE
PCR will expect to submit a draft Project Description to the City for review within two
weeks of a start meeting assuming authorization to proceed and receipt of the requisite project
information, including the data set forth on our data needs list. Following receipt of City comments
on the Project Description, completion of the first draft of the IS to the team can be accomplished
within approximately six weeks. However, this six week period assumes that the traffic study will
be available two weeks before submittal of the document to the City. Following a two -week review,
PCR will incorporate comments and submit the IS to the City. Overall, PCR estimates that
completion of the Initial Study can be completed within approximately 10 weeks assuming timely
review of the materials by the City.
The PCR team will commit the necessary resources to ensure the preparation of the IS within
the City's desired time frame. Fundamental to maintaining schedule and budget is that the Project
Description is unchanged throughout the process. In the event that changes to the Project
Description occur after consensus is reached, project information is not available or complete, or if
changes in the scope occur, the schedule would be affected. PCR will notify the City of Vernon at
the earliest point possible if issues arise with the potential to affect the project schedule.
PROPOSED FEES
In sum, based on the foregoing scope of services and our understanding of the proposed
project, we anticipate that the fees associated with the completion of the IS will be $46,050 or
$61,300, depending on the level of ,traffic investigation necessary. The breakdown of this fee by
task is provided in Table 2 below.
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1 i 1
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 9
Table 2
Summary of Proposed Fees
I
PCR
Task Task Description Fees
1 Data Collection/Preparation of Project Description $ 3,600
2 First Draft of IS and Supporting Documentation 25,420
3 Revisions to IS a 5,720
4 Meetings and Coordination' 3,960
Direct Expenses (reproduction, mileage, delivery costs, etc.) b 2,500
Subconsultant w/10% mark-up
Phase I — Traffic Assessment ` 4,850
Phase II - Traffic Study a 20,100
Total (with Phase I) $ 46,050
Total (with Phase I and II) $ 61,300
a These fees are proposed as allowances. If less is required, the balance will not be billed. If more is required, PCR
will seek written authorization prior to proceeding.
b This value is an estimate and will generally be determined by the number of copies of .the IS/MND that will be
required.
This fee includes $510 for traffic data collection.
d This fee includes $1,440 for traffic data collection.
All fees and charges will be billed on a monthly basis in accordance with PCR's 2006 Billing
Rates and Expense Charges as presented in Attachment A. PCR reserves the right to transfer fees
between line items, as appropriate. In the case of several tasks, fees are presented as allowances
where indicated in the table below with an asterisk. We refer to a fee estimate for a given task as an
"allowance" when we do not have control over the factors that drive our costs to complete the task.
For example, PCR cannot precisely indicate the level of effort and associated fees that will be
x
required to incorporate revisions to the IS. Thus, we have proposed an allowance for this task as
shown in Table 2. Additional factors that could affect indicated allowances may include but are not
necessarily limited to; changes in the project requiring new analyses or re -analysis, attendance at
more meetings than contemplated, higher than anticipated reproduction costs, and significant delays
in the project beyond the control of PCR. In the event less effort is required than provided for with
indicated allowances, PCR will not bill the balances. Similarly, if these allowances are not sufficient
to complete the First Draft IS or to incorporate revisions to the IS, PCR will request additional
authorization from the City. Should the need arise for additional professional services beyond those
set forth in the scope of services and budget provided herein, PCR will request written authorization
from the City to proceed prior to the initiation of such additional services.
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 10
III I!ulll�
PCR
We look forward to this opportunity to work with the City of Vernon. While this revised
proposal reflects our best understanding of the project and your needs for the assignment, we would
be pleased to work with you to refine our scope of work as deemed appropriate. In reviewing our
proposal, if you have any questions please do not hesitate to call.
Sincerely,
PCR .SERVICES CORPORATION
r
Luci Hise-Fisher
Associate Principal
Attachment A: 2006 Billing Rates and Expense Charges
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. 1 Q
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 11
I
I��I Il�lilli�
I.
PCR
ATTACHMENT A
PCR 2006 BILLING RATES AND EXPENSE CHARGES
PROFESSIONAL TIME
Environmental Planning & Documentation
President.....................................................................................................:..............
$274.00
Principal/Director....................
$170.00
AssociatePrincipal...................................................................................................$152.00
PrincipalPlanner.......................................................................................................$140.00
SeniorPlanner...........................................................................................................
$109.00
Planner........................................................:...............................................................$99.00
AssociatePlanner........................................................................................................$87.00
AssistantPlanner.........................................................................................................$76.00
Biological Services
Principal/Director ......................................................................................................
$218.00
AssociatePrincipal...................................................................................................$152.00
PrincipalBiologist....................................................................................................$138.00
SeniorBiologist........................................................................................................$109.00
Biologist......................................................................................................................$99.00
AssociateBiologist.....................................................................................................$87.00
AssistantBiologist......................................................................................................$76.00
Air Quality Services
Director.....................................................................................................................
$152.00
AssociateDirector.....................................................................................................$139.00
Principal Engineer/Scientist......................................................................................$126.00
SeniorEngineer/Scientist..........................................................................................$114.00
Engineer/Scientist.......................................................................................................
$99.00
Associate Engineer/Scientist ...............................
$87.00
Assistant Engineer/Scientist.......................................................................................$76.00
Environmental & Architectural Acoustics
Director.....................................................................................................................$185.00
Principal Acoustics Consultant ...........................
$170.00
Senior Engineer/Scientist..........................................................................................$114.00
Engineer/Scientist.......................................................................................................
$99.00
Associate Engineer/Scientist.......................................................
$87.00
Assistant Engineer/Scientist.......................................................................................$76.00
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 12
Cultural & Paleontological Resources
jllllll��lli� .
PCR
Director..................................................................................................................... $160.00
Principal Historian/Archaeologist/Paleontologist.....................................................$137.00
Senior Historian/Archaeologist/Paleontologist ........................... $109.00
Historian/Archaeologist/Paleontologist......................................................................$99.00
Associate Historian/Archaeologist/Paleontologist.....................................................$87.00
Assistant Historian/Archaeologist/Paleontologist.................................... :................. $76.00
Historical/Archaeological/Paleontological Technician..............................................$48.00
Support
GraphicsSpecialist.....................................................................................................$81.00
SeniorGIS Specialist..................................................................................................$99.00
GIS Specialist .......................... .........................$81.00
PublicationsSpecialist....................................................................:...........................$71.00
ProductionSpecialist..................................................................................................$66.00
DIRECT EXPENSES
Direct expenses will be billed at 110.00% of actual cost, including but not limited to the
following:
• Retention of subcontractors.
• Purchase or rental of project materials and special supplies.
• Reproduction, printing and photographic costs.
• Postage, delivery, telephone and other communication costs when requested or
approved by client.
• Project -related mileage necessarily incurred.
BILLING TERMS
• Unless other contractual terms are agreed upon, PCR invoices on a monthly basis and
expects payment 30 days from date of invoice.
• PCR's scheduling commitments are made and taken seriously. However, PCR
reserves the right to modify performance schedules in instances where payment of
PCR invoices falls behind agreed -upon terms.
• PCR recalibrates its billing rates for professional time each calendar year and reserves
the right to raise the billing rate for one or more professional categories by no more
than 5% once in twelve calendar months.
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4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
November 15, 2007
Mr. Gregory Broughton, President
PCR Services Corporation
233 Wilshire Blvd., Suite 130
Santa Monica, CA 90401
Mr. Robert Shaw, Vice President
WM Healthcare Solutions, Inc.
1001 Fannin Street, Suite 4000
Houston, TX 77002
Re: Professional Services Agreement By and Between the City of Vernon
and PCR Services Corporation and WM Healthcare Solutions, Inc.
Dear Sirs:
The insurance requirements have been met. Transmitted herewith is a
copy of the fully executed agreement, as referenced above, approved by
City Council on November 6, 2007, through Resolution No. 9461.
If you have any questions regarding this matter, please call Mr. S.
Kevin Wilson, at (323) 583-8811 ext. 245.
Very truly yours,
1"lly-
Gi o
City Clerk
NG:dr
c: S. Kevin Wilson
Resolution No. 9461
Agreement File No. 07-124
E,-�,cfusively Industriaf
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
November 15, 2007
Mr. Gregory Broughton, President
PCR Services Corporation
233 Wilshire Blvd., Suite 130
Santa Monica, CA 90401
Mr. Robert Shaw, Vice President
WM Healthcare Solutions, Inc.
1001 Fannin Street, Suite 4000
Houston, TX 77002
Re: Professional Services Agreement By and Between the City of Vernon
and PCR Services Corporation and WM Healthcare Solutions, Inc.
Dear Sirs:
The insurance requirements have been met. Transmitted herewith is a
copy of the fully executed agreement, as referenced above, approved by
City Council on November 6, 2007, through Resolution No. 9461.
If you have any questions regarding this matter, please call Mr. S.
Kevin Wilson, at (323) 583-8811 ext. 245.
Very truly yours,
Mlly-Gin
City Clerk
NG:dr
c: S. Kevin Wilson
Resolution No. 9461
Agreement File No. 07-124
Excfusivefy Industriaf
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") is between the City of
Vernon, a California municipal corporation (the "City"), PCR Services Corporation, a California
corporation ("PCR"), and WM Healthcare Solutions, Inc., a Delaware corporation and subsidiary
of Waste Management, Inc. (the "Developer").
RECITALS
The City has received a proposal from the Developer for development of biohazardous medical
waste treatment/transportation facility at 4280 Bandini Boulevard in Vernon, California, which
requires issuance of a Conditional Use Permit and other permits and approvals by the City (the
"Project").
The City has determined that an environment review is required prior to issuance of the
Conditional Use Permit, under the California Environmental Quality Act ("CEQA") and the
State CEQA guidelines.
The Developer has agreed to pay for the preparation of any necessary environmental review
documents, as set forth herein.
The City is authorized to execute this Agreement with PCR, if the total costs of the Services
performed pursuant to the Agreement are paid by the Developer.
The City.and the Developer desire to contract with PCR to conduct an environmental review, as
described in the attached Scope of Services.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows.
1. Performance of Services. PCR agrees to perform professional services and provide
deliverables to the City and the Developer (collectively the "Services") with respect to the
Project, in accordance with the terms and conditions of this Agreement.
2. Standard of Performance. PCR represents and warrants that each staff person to be
assigned to perform the Services is fully qualified to conduct the work required hereunder.
PCR shall be responsible, to the level of competency presently maintained by other
practicing professionals performing the same type of work in the State of California, for the
professional and technical soundness, accuracy and adequacy of all work and materials
furnished under this Agreement. Luci Hise-Fisher shall act as PCR's project manager and
representative.
3. Scope of Services and Deliverables. The Scope of Services to be undertaken by PCR and
the Deliverables to be provided to the City and the Developer are set forth in the Scope of
Services attached hereto as Attachment A.
4. Changes. The City and the Developer may at any time by written authorization change the
Scope of Services or Deliverables to be provided by PCR hereunder. If such change results
in an increase or decrease in the Services, PCR will provide written notice to the City and the
Developer of the change including any increase or decrease in the price, before proceeding
with the work. No changes shall be implemented by PCR unless they are first approved by
the City and the Developer in writing. The City and the Developer shall have no obligation
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 2 of 7
to pay PCR for any work not previously approved by the City and the Developer in writing.
Scheduled work may, however, be delayed by time needed to obtain written authorization of
any change.
5. Time of Performance. PCR agrees that it shall regularly and diligently perform the Services
in the time and sequence specified in Attachment A. The City and the Developer warrant
their understanding that the Services PCR is to undertake are in part dependent on
information, decisions and activities by others, including the City and the Developer, which
PCR does not and cannot control, and that to the extent that delays occur due to such
circumstances beyond PCR's control, the time of performance cited in Attachment A may be
extended for a reasonable period of time not to exceed the length of the delay.
6. Compensation. For all labor, materials and services provided by PCR, including all
expenses, based on the fee schedule set forth in the Scope of Services, PCR shall receive a
total contract compensation not to exceed the amount set forth in Attachment A, unless
subsequently modified and approved by the City and the Developer in writing. PCR's right
to compensation shall not be dependent upon the City's approval or disapproval of the
Project, or upon the result of any City action relating to the Developer.
7. Method and Time of Payment.
7.1. PCR shall submit monthly invoices to the City for the Services rendered, including any
direct costs incurred, with a copy to the Developer, which invoices shall be paid within
30 days of the date delivered to the City, subject to any amounts disputed in good faith
as described below. If such statements are not so paid when due, the unpaid amount
thereof, to the extent determined to due and payable hereunder, shall bear interest at the
rate of 10% per annum from their due date until paid.
7.2. Developer may dispute any part of a PCR invoice by providing a written notice of such
dispute, with reasonable details, to City, which written notice of dispute City shall
provide to PCR, unless City provides to Developer a written determination made in good
faith that there is no reasonable basis for Developer's dispute. Should the City dispute
any part of a PCR invoice, the basis of such dispute shall be delivered to PCR in writing'
within ten (10) calendar days of the subject invoice transmittal date. If such notice from
the City is received by PCR, PCR reserves the right to reasonably modify the time of
performance as set forth in the Scope of Services pending resolution of the dispute.
8. Financial Obligations by Developer.
8.1. The Developer shall pay all costs for PCR's performance of the work set forth in
Attachment A. Within ten (10) working days of the effective date of this Agreement, the
Developer shall submit payment to the City in the amount of forty six thousand fifty
dollars ($46,050.00), which represents the amount set forth in Attachment A through a
Phase I traffic assessment, and an additional payment in the amount of ten thousand
dollars ($10,000.00) for the City's contract administrative costs in undertaking the
environmental review and permit issuance process. If it is determined that a Phase II
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 3 of 7
traffic study is required in accordance with the criteria set forth in the Scope of Services,
within ten (10) working days of such determination Developer shall submit an additional
payment to the City in the amount of twenty thousand one hundred dollars ($20,100.00).
Thereafter, in the event that the City determines that CEQA requires additional
environmental analysis or document preparation not covered in the Services to be
provided by PCR, including but not limited to preparation of a Mitigated Negative
Declaration or an Environmental Impact Report, and upon approval by the City and the
Developer of an amendment to the Scope of Services; then the Developer shall transmit
additional monies to the City for payment of these additional services and additional
City administrative costs, within ten (10) working days of any such amendment to the
Scope of Services. In addition to the above, the Developer shall pay, within ten (10)
working days of the request, any additional amounts required to compensate the City for
its administrative costs related to the Project, as such additional amounts are agreed to by
the City and the Developer.
8.2. If at any time, the review process for the Project is terminated, or if the review process is
completed, any unencumbered funds previously deposited by the Developer shall remain
in the possession of the City and, within thirty (30) days after the City's final payment to
PCR, the City shall refund all such remaining unencumbered funds to the Developer
9. Ownership of Report. Without prior written approval from the City and the Developer,
PCR shall not provide, or disclose any of the contents of, the report, data, and exhibits
prepared or assembled by PCR in connection with the performance of the Services to any
person other than the City and the Developer. All such reports, data, and exhibits shall be the
separate property of each of the City and the Developer, and the original shall be delivered to
the City and the Developer upon demand. PCR shall have the right to retain copies of all of
its work upon completion of the Services, subject to its non -disclosure requirement provided
herein.
10. Sharing of Information. It is the intent of the parties that the report, data, exhibits or study
results prepared, developed or assembled by PCR are to be shared equally and concurrently
with both the City and the Developer. PCR agrees that that no report, data, exhibits or study
results shall be provided to either the City or the Developer, unless those same materials have
previously or simultaneously been provided to the other. Notwithstanding the above, PCR
may, as it deems necessary, consult with either the City or the Developer individually for the
purpose of obtaining information required for the preparation of the report, data, exhibits or
study results.
11. Insurance.
11.1. PCR shall maintain insurance in the minimum amounts set forth below before
beginning work on the Project, and, upon the City's or the Developer's request, provide
the City or the Developer with certificates evidencing full compliance with the
requirements of this provision:
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 4of7
Minimum Required Insurance Per Aggregate
Occurrence
a. Workers Compensation
Statutory Employer's Liability ................. $1,000,000 $2,000,000
b. Comprehensive General and Contractual
Liability:
Bodily injury or property damage ............ $1,000,000 $2,000,000
Personal injury, with employee exclusion $1,000,000
deleted
c. Comprehensive Automobile Liability for all
owned, hired. and non -owned vehicles:
Bodily injury and property damage......,... $1,000,000 $2,000,000
d. Professional Liability ...................................... $2,000,000 $2,000,000
12. Indemnification.
12.1. PCR agrees to indemnify, hold harmless and defend the City, the Developer, and
their respective affiliates, employees and agents from and against any liability, claim,
demand or cause of action in which PCR is named as a party thereto, and which action
arises as a result of PCR's negligent performance of the Services or breach of its
obligations under this Agreement. The amount payable by PCR with respect to such
indemnification shall, however, be limited to the greater of (1) the amount paid by the
proceeds of insurance identified herein and carried by PCR, or (2) the amount of
compensation actually paid to PCR hereunder by the Developer; provided such
limitation shall not apply to any liability, claim, demand or cause of action based on
PCR's grossly negligent, intentional or willful misconduct or fraudulent actions.
12.2. The Developer, independent of the indemnity obligation of PCR, agrees to
defend, indemnify, hold harmless and defend the City and its elected officials from and
against any liability, claim, demand or cause of action arising from any third party action
brought against the City or its elected officials challenging the adequacy of the
environmental review or the issuance of any permits or approvals for the Project.
13. Independent Contractor. PCR shall perform the Services hereunder as an independent
contractor and no partnership, joint venture or other joint or fiduciary relationship between
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 5 of 7
PCR, the City and the Developer shall be implied hereby. This Agreement shall not be
construed to authorize PCR, or any of its employees or authorized agents, to act as the
representative of the City or the Developer, unless otherwise provided for in the scope of
services.
14. Nondiscrimination. PCR shall not discriminate against any employee or any applicant for
employment because of race, religion, color, sex, national origin or disability, in accordance
with all requirements of state and federal law.
15. Successors and Assigns. This Agreement shall be binding upon the successors, assigns and
legal representatives of PCR, the City and the Developer.
16. Assignment. PCR agrees that it shall not assign or subcontract the Services described herein
or any part thereof without the prior written approval of the City and the Developer.
17. Notice. - Written notice under this Agreement shall be deemed to have been duly given if
delivered in person or sent by (a) certified mail, return receipt requested, (b) a nationally
recognized overnight courier, or (c) a facsimile transmission with automatic answer back, to
the addresses set forth on the execution page of this Agreement.
18. Attorneys' Fees. In the event that litigation is necessary to enforce the provisions of this
Agreement, the prevailing party in said litigation shall be entitled to recover reasonable
attorneys' fees from the opposing party in an amount determined by the court to be
reasonable.
19. References. Any reference to the approval, consent, authorization or other action by "the
City and the Developer" in this Agreement shall mean the joint approval, consent,
authorization or action of both parties.
20. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
21. Suspension and Termination.
21.1. The City or the Developer may suspend or terminate this Agreement at anytime
by written notice to PCR, whether or not PCR is in default. Upon receipt of a
termination notice, PCR shall (a) promptly discontinue all Services affected (unless the
notice directs otherwise), and (b) deliver, or otherwise make available to the City and the
Developer, all data, drawings, specifications, reports, estimates, summaries and such
other information and materials as may have been accumulated by PCR in performing
Services authorized hereunder, whether completed or in progress.
21.2. If the City or the Developer seeks to resume PCR's services on the Project within
three months following a notification of suspension, there shall be no change in PCR's
compensation. In the event the City or the Developer seeks to resume PCR's services on
the Project after being suspended for more than three months, PCR's compensation shall
be equitably adjusted.
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 6 of 7
21.3. PCR may terminate this Agreement as a result of the City's and the Developer's
breach of their obligations under this Agreement, upon ten (10) days written notice to the
City and the Developer if City and Developer fail to cure such breach within such period
of time. Upon delivery of a termination notice, PCR shall (a) promptly discontinue all
Services affected (unless the notice directs otherwise), and (b) deliver, or otherwise
make available to the City and the Developer, all data, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by PCR in performing Services authorized hereunder, whether completed
or in progress.
21.4. In the event that the termination of this Agreement is for any reason other than the
fault of PCR, then PCR shall be compensated in accordance with the provisions of the
Scope of Services for the Services performed and expenses incurred to the date of such
suspension or termination, plus any reasonable costs and expenses which are reasonably
incurred by PCR to effect such suspension or termination.
22. Contract Term. This Agreement shall commence beginning on the date of execution by all
the parties and expire on the close of business on June 30, 2007, or the completion of the
Services, whichever occurs earlier, unless extended by mutual agreement of the parties.
23. Entire Agreement. This Agreement represents the entire agreement between PCR, the City
and the Developer and supersedes all prior negotiations, representations or agreements. This
Agreement may be amended only by a written instrument signed by an authorized
representative of PCR, the City and the Developer.
IN WITNESS WHEREOF, the parties hereto, each of whom warrants that they are
authorized to execute agreements on behalf of PCR and the Developer, have executed this
Agreement on the date set forth below.
(intentionally left blank)
Agreement between PCR Services Corporation,
the City of Vernon and Waste Management Healthcare Solutions
Page 7of7
e,,,Executed at California, on
City:
City of Vernon
2� et
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ATTEST:
&a AWk
XV1XUC5XX
Manuela Giron, City Clerk
PCR Services Corporation,
a California corporation
233 Wilshire Boulevard, Suite 130
Santa Monica, California 90401
By L.,
Gregory . Broughton, Pr id(4t
Date: / 2—IA-7
By �i►�-Lf/ J 'S -� f
APPROVED AS TO FORM:
Je ffj .jHarrikj,. A=ft City Attorney
WM Healthcare Solutions, Inc.
1001 Fannin Street
Suite 4000
Houston, TX 77002
By
Date:
By
Print Name G Q.ego q -1 r2woh ot1 Print N
Title 5QCzefgZ.V
Date: 7
kve
Robert B. Shaw, Vice President
a.If) _ [,I AA I.LC
Title
Date:
EXHIBIT A
January 11, 2007
Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, CA 90058
Re: PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY FOR A
PROPOSED AUTOCLAVE FACILITY
Dear Mr. Wilson:
PCR Services Corporation (PCR) is pleased to submit this revised letter proposal to prepare
an Initial Study (IS) for the proposed Autoclave facility at 4280 Bandini Boulevard in the City of
Vernon. Included in this proposal are our understanding of the project; a scope of work outlining
tasks, methodologies, and deliverable products; schedule for completion of the Initial Study; and fee
proposal.
PROJECT UNDERSTANDING
The project site is located at 4280 Bandini Boulevard in the City of Vernon. The
approximately 2.2 acre site is used and is. permitted for waste hauling activities. The site is currently
zoned M-2, Heavy Industry. The Applicant proposes to retain the existing building and to develop
an autoclave facility within an existing on -site building. Minor modifications would be made to the
rear of the building to accommodate the proposed facility. A pressurized, steam -heated vessel
would be used to treat medical waste that is delivered to the site. Based on Section 26.3.6-3 of the
City's Municipal .Code, such a facility would be allowed in the M-2 district with a Conditional Use
Permit (CUP).
SCOPE OF WORK
The City of Vernon (the City) will serve as the Lead Agency for the environmental review
process for the project pursuant to the California Environmental Quality Act (CEQA). We
understand the City intends to enter into a three -party agreement with PCR and the Applicant.
The proposal is for the preparation of an Initial Study. If it is determined that a Mitigated
Negative Declaration (MND) is appropriate, the Initial Study/MND and Notice of Intent would be
prepared and distributed. However, if it is determined that an Environmental Impact Report (EIR) is
required, an amendment to the scope of work would be necessary.
PCR has developed a comprehensive work program consisting of four tasks necessary to
complete the Initial Study for the project. Table 1 indicates these tasks, which are described in detail
below.
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 2
Table 1
Task No. Description of Task
1 Data Collection/Preparation of Project Description
2 First Draft IS and Supporting Documentation
3 Revisions to IS
4 Meetings and Coordination
Task 1 — Data Collection/Preparation of Project Description
-- P C. R
To initiate the task, PCR will attend a start-up meeting with the City to establish
communication protocols, discuss the site plan and process, confirm our understanding of the.
project, . discuss key issues, and review the project schedule. Following the meeting, PCR will
collect and develop baseline environmental data for use in the analysis. This effort will involve site
surveys through notation, mapping, and photography as well as a review of plans, regulations, and
documents relevant to the project site.
During this task, PCR will also prepare a memorandum identifying any outstanding
information necessary for completion of the Project Description and the IS. Upon receipt of
requested. information and completion of data collection, PCR will prepare a Project Description for
submittal to the City for review. Based on one set of consolidated comments, PCR will revise the
Project Description.
Products
■ Memorandum of Data Needs
• Project Description
Task 2 — First Draft IS and Supporting Documentation
The documentation necessary for completion of the IS will consist of the City's Initial Study
Checklist form accompanied by an Explanation of Checklist Determinations and the Project
Description cited above. The Explanation of Checklist Determinations will discuss each of the
issues included within the Initial Study Checklist and, if appropriate, will substantiate why each of
the environmental issues included within the Initial Study Checklist will not result in significant and
unavoidable impacts to the environment. Specifically, in accordance with CEQA, the Explanation
of Checklist Determinations will determine whether the project would result in no impact, a less than
significant impact or a less than significant impact with implementation of mitigation measures.
PCR will draw on a range of in-house technical expertise to provide a complete and accurate
assessment that will reach one of these conclusions. Based on our current understanding of the
project, while the IS will address all of the issues within the Initial Study Checklist, we expect that
the IS will focus on the discussions of health risk/air quality and traffic impacts.
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 3
Air Quality
Over the years, PCR has worked closely with South Coast Air Quality Management District
(SCAQMD) staff members to develop an understanding and define expectations for the
quantification and assessment of pollutant emissions from projects similar to the proposed project.
Based on this knowledge and experience, PCR's air quality analysis for the project will consist of
the following discussions and analyses: (1) regulatory setting and requirements; (2) existing air
quality conditions; (3) quantification of daily localized and regional construction emissions; (4)
quantification of regional operational (post -construction) criteria pollutant emissions from mobile
and stationary sources; (5) quantification of carbon dioxide (CO) concentrations at up to four of the
most congested intersections with the highest project traffic contribution; (6) qualitative discussion
of the potential to create or release airborne toxic air contaminants and toxins, (7) assessment of the
project's consistency with the Regional Air Quality Management Plan (AQMP); and (8)
identification of potential mitigation measures where feasible. All analyses will be conducted
pursuant to the standards and guidelines set forth by the California Air Resources Board and the
SCAQMD.
In addition to the above analyses, the air quality analysis will also address localized impacts
attributable to project CO; NOZ, and PM10 emissions during construction. While the need for the
inclusion of these particular analyses reflects the latest SCAQMD protocols and recommendations,
not all consulting firms are including these analyses in their scopes of services. We have elected to
include them as part of our work program in response to SCAQMD recommendations as well as
more and more frequent inquiries from the public regarding the health effects of air pollution.
Traffic
The proposed scope of services is divided into two phases to be undertaken by Kaku
Associates, Inc. Phase 1 includes the preparation of an initial traffic assessment for the proposed
project that is directed at determining whether the trip generation of the proposed project is similar
to or less than that allowed by the existing CUP for the site. If this is the case, a full traffic impact
study may not be warranted. The initial traffic impact assessment willconsist of the following tasks:
• The physical characteristics of the site and the immediately surrounding road network
will be surveyed to verify field conditions
Kaku Associates will attend a project initiation meeting with the City to discuss the
existing use on the site, the details of the proposed project (planned operational
characteristics, anticipated buildout year, improvements to the project site, etc.) and
the proposed approach to assessing potential traffic impacts that may be associated
with the proposed project.
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 4
PCR
City staff will be asked to verify the relevant policies and regulations associated with
their traffic study procedures and to provide any relevant information or documents,
such as recent traffic studies for projects in the vicinity, and planned improvements to
the local street system (either as capital improvement program projects or as
mitigation measures for other projects).
• Based on the planned operation of the proposed project, trip generation estimates will
be prepared for the weekday morning and afternoon peak hours and on a daily basis.
• New traffic counts will be conducted during the morning and afternoon peak periods
(7:00 to 9:00 A.M. and 4:00 to 6:00 P.M.) on a typical weekday at the primary
driveway serving the project site (Bandini Boulevard and Bonnie Beach Place) and at
the eastern driveway to determine the actual existing trip generation of the site. In
addition, machine traffic counts would be conducted on these driveways to determine
the actual daily trip generation of the site.
• The observed trip generation of the site will be compared to the trip generation
allowable under the existing CUP and to the estimated trip generation of the proposed
proj ect.
• A technical memorandum will be prepared to document the trip generation analysis
for the site, consistent with the issues identified above. The draft letter report will be
submitted for review by the City and finalized following receipt of comments. If the
results of the analysis support the conclusion that, from a traffic impact perspective,
the proposed project would be substantially similar to what is currently occurring or
is currently allowable under the existing CUP, no further analysis would be necessary.
In Phase 2, as necessary, if the results of Phase 1 indicate that substantially more traffic
would be generated by the proposed project, a full traffic impact study will be prepared. This phase
of work will include the following steps:
• Discussions will be held with City staff to identify the scope and parameters of the
traffic impact study. This proposal assumes that detailed weekday A.m. and P.M. peak
hour capacity and impact analyses will be conducted at up to six study intersections
and that new baseline traffic counts will be conducted at each location. Based. on our
understanding of the proposed project and its location within the surrounding street
system, Kaku has preliminarily identified the following intersections:
— Bandini Boulevard and Soto Street
— Bandini Boulevard and Downey Road
— Bandini Boulevard and Bonnie Beach Place
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 5
— Bandini Boulevard and eastern project driveway
— Bandini Boulevard and I-710 nouhbound off -ramp
I I
R
P Q\/�',
_ - i O.d
— Bandini Boulevard and Atlantic Boulevard/I-710 northbound ramps
If the number of intersections that is ultimately required differs substantially from what is
described here, a revised proposal will be submitted.
• An inventory will be made of the existing street system serving the study area,
including number of lanes, street widths, traffic control devices, and .operational
characteristics. Needed existing traffic volume data, including A.M. and P.M. peak
period intersection turning movement counts, will be identified and gathered by the
consultant, working with City staff. To the extent that such data is available, the
budget allocated for new baseline traffic counts will not be expended.
• A detailed assessment of existing operating conditions and constraints in the study
area, focusing on the study intersections, will be made for the A.M. and P.M. peak
hours. Levels of service will be quantified at the study intersections in accordance
with City guidelines.,
• City staff as well as staff of the surrounding jurisdictions of Los Angeles, Los
Angeles County, Bell and Commerce will also be contacted to obtain information on
cumulative development projects in the vicinity that maybe implemented in the same
time frame as the proposed project..
• Future base (i.e., no project) traffic conditions for study intersections will be
projected, utilizing the list of cumulative development projects and an ambient
growth factor, to be identified following discussions with City staff.
• Estimates of project -generated traffic prepared in Phase 1 will be assigned to the
study intersections on the basis of the site's location within the surrounding street
network and, if known, the anticipated service area of the proposed project.
• Future conditions with development of the proposed project, including background
traffic growth, cumulative developments in the vicinity of the study area, and traffic
generated by the project.
• An assessment will be made of projected operating conditions at the study
intersections and any potentially significant traffic impacts of the proposed project
will be identified. The analysis described above will be used to identify locations
with projected problems associated with traffic congestion (i.e., insufficient capacity),
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 6
PCR
operational issues (i.e., inefficient lane configurations, signal phasing, etc.), and
safety problems.
• If necessary, appropriate mitigation measures will be developed to alleviate negative
traffic impacts that are identified. Potential mitigations will be examined to
determine their physical feasibility and effectiveness and could include roadway
improvements, operational changes, transportation systems management (TSM)
measures, or changes in the project. As appropriate, proposed mitigation measures
will be discussed with staff of Vernon, Los Angeles and Caltrans. Any unavoidable
impacts will be identified.. Recommended physical improvements will be evaluated
from a conceptual planning perspective only (preliminary engineering drawings are
not included as part of this work scope).
• The site layout plans will be reviewed to ensure that the internal circulation proposed
as part of the project is adequate to accommodate anticipated traffic flows. If
necessary, appropriate mitigation measures will be recommended.
• A work session will beheld with City staff to present the draft report for their review
and to review the proposed mitigation program, if applicable. After review of the
draft report, it will be revised to incorporate any final adjustments deemed necessary
to publish a final report.
Noise
PCR will prepare a noise analysis for the construction and operation of the autoclave facility.
We will measure existing ambient noise environment through a series of short term measurements
(15-minutes samples) conducted at two off site locations in the vicinity of the project boundary. In
addition, PCR will review applicable noise regulations and criteria to establish the significance
threshold for noise impacts. PCR will review and assess project construction -related noise impacts
based on the standards methodology and procedures established by the Environmental Protection
Agency (EPA). The operational analysis will include a review of the proposed specifications for
mechanical equipment associated with typical operation of the proposed autoclave (provided by the
client) and project related truck circulation. PCR will develop mitigation measures, if necessary, to
ensure project compliance with the applicable noise regulations.
Hazards and Hazardous Materials
The proposed facility will operate in such a manner as to minimize discharges of hazardous
compounds to the environment during transport, storage, and treatment. According to the
applicant's design plans, the steam from the autoclave will be captured, cooled, and the resultant
water released to the municipal sewer, preventing the airborne release of visible or toxic emissions
during on -site treatment. Potential risks associated with the discharge of process water will be
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 7
PCR
R
discussed. PCR will also analyze the projects potential to create a hazard to the public through the.
routine transport of potentially hazardous material, specifically medical waste being transported by
truck to the facility. These analyses will include wastes to be treated on -site, and wastes transported
to the site for consolidation and subsequent transport to another disposal facility. In addition, PCR
will analyze the project's potential to impact the public or the environment during an upset condition
involving hazardous materials used or stored on -site, such as chlorine or other hazardous chemicals
used to disinfect process water. PCR will identify all hazardous materials anticipated to be on -site
and potential risks associated with any of these materials will be discussed in the IS. It is anticipated
that a qualitative discussion on risk, consequences, and risk reduction will suffice. Depending on the
quantity of the specific hazardous material identified, more quantitative analyses may be required,
and a separate scope and cost may be necessary later.
Services and Utilities
PCR will analyze the project's potential impacts on public services and utilities, including
fire, water, and sewer. PCR assumes that the City or a civil engineer will provide data to
demonstrate that no capacity constraints for utility infrastructure exist.
Products
■ First Draft IS
Task 3 — Revisions to IS
PCR assumes that one round of review for the IS will be required. After the team review,
PCR will incorporate team comments into the Initial Study Checklist and Explanation of Checklist
Determinations. Upon incorporation of the revisions, PCR will submit the IS to the City for final
review.
Upon finalization of the IS, PCR will submit 25 copies of the document to the City.
Products/Services
Twenty-five (25) copies, one single -sided reproducible, and an electronic copy of
the IS
Task 4 — Meetings and Coordination
The cost estimate for meetings and coordination provided in the table below includes three
meetings projected to occur as part of Tasks 1 through 3. Meeting attendance at up to three
meetings is budgeted for PCR and Kaku Associates. Included within this task are one team meeting
at project initiation (Task 1), one team meeting following initial review of the first draft of the IS
(Task 3), and potentially one meeting with the City during City review. It is assumed that no public
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 8
PCR
R
meeting or hearing attendance will be required. Additional meetings will be attended on a time and
materials basis.
Other
The scope of work is for the preparation of the Initial Study for the proposed autoclave
facility. Upon completion of the Initial Study, PCR assumes the City will prepare, post and circulate
the Notice of Intent (NOI) and the document for the public review period mandated by CEQA.
Finally, it is. assumed that the City will file the Notice of Determination (NOD) with the County
Clerk. If additional assistance is requested of PCR for these steps, the work could be completed on a
time and materials basis.
SCHEDULE
PCR will expect to submit a draft Project Description to the City for review within two
weeks of a start meeting assuming authorization to proceed and receipt of the requisite project
information, including the data set forth on our data needs list. Following receipt of City comments
on the Project Description, completion of the first draft of the IS to the team can be accomplished
within approximately six weeks. However, this six week period assumes that the traffic study will
be available two weeks before submittal of the document to the City. Following a two -week review,
PCR will incorporate comments and submit the IS to the City. Overall, PCR estimates that
completion of the Initial Study can be completed within approximately 10 weeks assuming timely
review of the materials by the City.
The PCR team will commit the necessary resources to ensure the preparation of the IS within
the City's desired time frame. Fundamental to maintaining schedule and budget is that the Project
Description is unchanged throughout the process. In the event that changes to the Project
Description occur after consensus is reached, project information is not available or complete, or if
changes in the scope occur, the schedule would be affected. PCR will notify the City of Vernon at
the earliest point possible if issues arise with the potential to affect the project schedule.
PROPOSED FEES
In sum, based on the foregoing scope of services and our understanding of the proposed
project, we anticipate that the fees associated with the completion of the IS will be $46,050 or
$61,300, depending on the level of traffic investigation necessary. The breakdown of this fee by
task is provided in Table 2 below.
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 9
Table 2
Summary of Proposed Fees
i
PCR
Task Task Description Fees
1 Data Collection/Preparation of Project Description $ 3,600
2 First Draft of IS and Supporting Documentation 25,420
3 Revisions to IS a 5,720
4 Meetings and Coordination' 3,960
Direct Expenses (reproduction, mileage, delivery costs, etc.) b 2,500
Subconsultant w/10% mark-up
Phase I — Traffic Assessment' 4,850
Phase II — Traffic Study d 20,100
Total (with Phase I) $ 46,050
Total (with Phase I and I1) $ 61,300
a These fees are proposed as allowances. If less is required, the balance will not be billed. If more is required, PCR
will seek written authorization prior to proceeding.
b This value is an estimate and will generally be determined by the number of copies of the ISIMND that will be
required.
This fee includes $510 for traffic data collection.
d This fee includes $1,440 for traffic data collection.
All fees and charges will be billed on a monthly basis in accordance with PCR's 2006 Billing
Rates and Expense Charges as presented in Attachment A. PCR reserves the right to transfer fees
between line items, as appropriate. In the case of several tasks, fees are presented as allowances
where indicated in the table below with an asterisk. We refer to a fee estimate for a given task as an
"allowance" when we do not have control over the factors that drive our costs to complete the task.
For example, PCR cannot precisely indicate the level of effort and associated fees that will be
required to incorporate revisions to the IS. Thus, we have proposed an allowance for this task as
shown in Table 2. Additional factors that could affect indicated_ allowances may include but are not
necessarily limited to: changes in the project requiring new analyses or re -analysis, attendance at
more meetings than contemplated, higher than anticipated reproduction costs, and significant delays
in the project beyond the control of PCR. In the event less effort is required than provided for with
indicated allowances, PCR will not bill the balances. Similarly, if these allowances are not sufficient
to complete the First Draft IS or to incorporate revisions to the IS, PCR will request additional
authorization from the City. Should the need arise for additional professional services beyond those
set forth in the scope of services and budget provided herein, PCR will request written authorization
from the City to proceed prior to the initiation of such additional services.
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Mr. Kevin_ Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 10
I .1
P V R
We look forward to this opportunity to work with the City of Vernon. While this revised
proposal reflects our best understanding of the project and your needs for the assignment, we would
be pleased to work with you to refine our scope of work as deemed appropriate. In reviewing our
proposal, if you have any questions please do not hesitate to call.
Sincerely,
PCR SERVICES CORPORATION
Luci Hise-Fisher
Associate Principal
Attachment A: 2006 Billing Rates and Expense Charges
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 11
6: PCR
ATTACHMENT A
PCR 2006 BILLING RATES AND EXPENSE CHARGES
PROFESSIONAL TIME
Environmental Plannine & Documentation
President..................................................................................................................... $274.00
Principal/Director......................................................................................................
$170.00
AssociatePrincipal...................................................................................................$152.00
PrincipalPlanner.......................................................................................................
$140.00
SeniorPlanner...........................................................................................................$109.00
Planner....................................................................................................................... $99.00
AssociatePlanner........................................................................................................$87.00
AssistantPlanner.........................................................................................................$76.00
Biological Services
Principal/Director...................................................................................................... $218.00
Associate Principal ................
... $ 152.00
Principal Biologist......................................_.............................................................$138.00
SeniorBiologist........................................................................................................$109.00
Biologist......................................................................................................................$99.00
AssociateBiologist..................................................................................................... $.87.00
AssistantBiologist......................................................................................................
$76.00
Air Quality Services
Director.....................................................................................................................
$152.00
AssociateDirector.....................................................................................................$139.00
Principal Engineer/Scientist
........................................ ...... .....
........................... ...... .. $126.00
Senior Engineer/Scientist..........................................................................................$114.00
Engineer/Scientist....................................................................................................... $99.00
Associate Engineer/Scientist.......................................................................................$87.00
Assistant Engineer/Scientist .................. $
76.00
Environmental & Architectural Acoustics
Director..................................................................................................................... $185.00
Principal Acoustics Consultant.................................................................................$170.00
Senior Engineer/Scientist..........................................................................................$114.00
Engineer/Scientist....................................................................................................... $99.00
Associate Engineer/Scientist.......................................................................................$87.00
Assistant Engineer/Scientist................... ......... $
76.00
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Mr. Kevin Wilson, Director of Community Services
CITY OF VERNON
January 11, 2007 - Page 12
Cultural & Paleontological Resources
PCR
Director..................................................................................................................... $160.00
Principal Historian/Archaeologist/Paleontologist.....................................................$137.00
Senior Historian/Archaeologist/Paleontologist .........................................................$109.00
Historian/Archaeologist/Paleontologist ................ $99.00
......................................................
Associate Historian/Archaeologist/Paleontologist ..................................................... $87.00
.............. .....................
Assistant Historian/Archaeologist/Paleontologist ........................... $76.00
...:.......................
Historical/Archaeological/Paleontological Technician ..................... $ 8.00
Support
Graphics Specialist ...................................
Senior GIS Specialist ................................
GIS Specialist ...........................................
Publications Specialist ..............................
Production Specialist ................................
DIRECT EXPENSES
.................................................................. $ 81.00
.................................................................. $99.00
.................................................................. $81.00
.................................................................. $ 71.00
.................................................................. $66.00
Direct expenses will be billed at 110.00% of actual cost, including but not limited to the
following:
• Retention of subcontractors.
• Purchase or rental of project materials and special supplies.
• Reproduction, printing and photographic costs.
• Postage, delivery, telephone and other communication costs when requested or
approved by client.
• Project -related mileage necessarily incurred.
BILLING TERMS
• Unless other contractual terms are agreed upon, PCR invoices on a monthly basis and
expects payment 30 days from date of invoice.
• PCR's scheduling commitments are made and taken seriously. However, PCR
reserves the right to modify performance schedules in instances where payment of
PCR invoices falls behind agreed -upon terms.
• PCR recalibrates its billing rates for professional time each calendar year and reserves
the right to raise the billing rate for one or more professional categories by no more
than 5% once in twelve calendar months.
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CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: Professional Services Agreement by and btw the City of Vernon, P.O. NO. 011.0001573
PCR Services Corp. and WM Healthcare Solutions Inc.
TO: PCR Services Corporation CONSULTANT
REQUESTED BY: PCR Services Corporation
You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as
specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the
additional work as if said work was originally included in the agreement.
BUDGET AMENDMENT AND CONTRACT TERM
Additional environmental services necessary to complete the environmental review process for the Waste Management
Autoclave project per attached Proposal dated January 22, 2009 - Tasks 1 through 4 -
Extension of Agreement date to end six months from the first extension of November 12, 2008. Agreement to expire on
the close of business on May 12, 2009.
COST NOT TO EXCEED $17,300
Resolution No. 9461
Agreement Amount (Base Bid)
$
66,150.00
Amount of This Change Order .. ..
..... ........ . ..........................
$
17,300.00
Amount of Previous Change Orders
$
0
Total Change Orders
$
17,300.00
Modified Agreement Amount
$
83,450.00
By reason of this change order the time of 6 months
completion will be a lusted as follows:
Approved: Date:
irector of ommun' y Service` &Water Gj
Attest: Date:
�Ianu it n, City Clerk
� �.
Approved: Date: S -6 - O5
WM Healthcare Solutions, Inc,
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, exceptas may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: /L27/0 7 Consultant: po/t- �'<<n✓tG.�3 ���'yt�i1�✓�
By: Title: P
1
c: Project File/Ednsultant/Purch&ng
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: Professional Services Agreement by and btw the City of Vernon, P.O. NO. 011.0001573
PCR Services Corp. and WM Healthcare Solutions Inc.
TO: PCR Services Corporation CONSULTANT
REQUESTED BY: PCR Services Corporation
You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as
specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the
additional work as if said work was originally inchrded in the agreement
BUDGET AMENDMENT AND CONTRACT TERM
Additional environmental services necessary to complete the environmental review process for the Waste Management
Autoclave project per attached Proposal dated January 22, 2009 — Tasks 1 through 4
Extension of Agreement date to end six months from the first extension of November 12, 2008. Agreement to expire on
the close of business on May 12, 2009.
COST NOT TO EXCEED $17,300
Resolution No. 9461
Agreement Amount (Base Bid) ..
..... ....... ..............................
$
66,150.00
Amount of This Change Order .. ..
. ............... . .............. ..........
$
17,300.00
Amount of Previous Change OrdersI .........................................
$
0
Total Change Orders ....................................
.
$
17 300.00
Modified Agreement Amount
..............................................
$
83 450.00
By reason of this change order the time of m0 hS
'usted
completion will be a as follows:
Approved: j Date:
D ector of Co munity Services& Water q
Attest: ZDate: 3
Manuela iron, ity Clerk
Approved: Date:
WM Healthcare Solutions, Inc.
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, exceptas may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: //Z '7/ 9 Consultant: %pC%L �sn✓le,�S CdnPa 7 o-J
By: �� . Title: PAIL
u ,J
c: rroject rneiczmsuttanvrurcnasingv
Samuel Kevin Wilson
Director of Community Services and Water
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, CA 90058
Re: SECOND BUDGET AMENDMENT — WASTE MANAGEMENT AUTOCLAVE
PROJECT IN THE CITY OF VERNON
Dear Kevin;
PCR Services Corporation (PCR) is submitting this budget amendment for environmental
services associated with the proposed Waste Management Autoclave Project (the project) in the City
of Vernon (the City) which is necessary to complete the environmental review process.
As you are aware, PCR completed the Initial Study/Negative Declaration (IS/ND) for the
project in December 2008. The IS/ND was subsequently circulated for a 30-day public review
period. During this review period, four comment letters were received from the State
Clearinghouse, the California Department of Transportation, the Los Angeles County Sanitation
District, and from Dewey & LeBeouf, a law firm representing Stericycle, which operates a
competitive autoclave in the City.
As the latter letter may be preparatory to a legal challenge, thorough review and preparation
of thoughtful responses to the comments received will be necessary. This may include but not be
limited to additional research, including additional input from our Air Quality and Noise division,
the traffic consultants-- Fehr and Peers (Kaku & Associates), additional coordination and
information from the Applicant, and from the City.
We have assumed one iteration of edits/comments from the City will be necessary including
any edits/comments that may be provided by the Applicant. It also requires additional Management
Coordination and Other Direct Costs. Therefore, PCR will require that an additional budget
amendment of $17,300 to complete these tasks. A detailed breakdown is provided in the table on
the following page. This amendment is based on the assumption that recirculation of the IS/ND will
not be required.
We will be prepared to commence this effort upon receipt of a fully executed amendment
from the City, pursuant to our contract, and to complete the effort as directly thereafter as feasible.
Please call me directly with questions or additional needs.
233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401 INTERNET www.pernet.com Tee 310.451.4488 FAx 310.451.5279
Task Task Description
Fees
1 Prepare Responses to Comments on IS/ND
Air Quality/ Hazards
3,000
Noise
1,800
Traffic and Circulation
2,000
Other CEQA Issues/ Conditional Use Permit Application
5,500
2 One Round of Team Comments/ Review
1,500
Subtotal Preparation of Response to Comments on IS/ND
13,800 "
3 Management Coordination
2,000
Subtotal PCR Labor
$15,800
4 Other Direct Costs (Distribution/ Reproduction, etc.)
1,500 b
TOTAL COST ESTIMATE
$17,300
° These values are allowances; actual costs could be higher or. lower. Should actual costs be lower, only actual
costs will be billed. Should circumstances cause actual cost to exceed budgets for the line items, additional
authorization will be sought prior to exceeding approved budgets.
b This value is an estimate and will generally be determined by the number of copies of the IS/ND
that will be
required.
Thank you very much and we look forward to continue our work with the City of Vernon
and Waste Management Health Care Solutions on this project.
Sincerely,
PCR SERVICES CORPORATION
Greg Broughton
President
Samuel Kevin Wilson
Director of Community Services and Water
CITY OF VERNON
January 22, 2009 - Page 3
ACCEPTANCE AND AUTHORIZATION
If this amendment meets with your approval, please sign this letter and return a copy to us for
our records.
Accepted and approved:
WASTE MANAGEMENT HEALTHCARE SOLUTIONS
By: �
Date:
cc: Mike Archer, Waste Management
Jim Fraumeni, Consultant to Waste Management
Sergio Canales, City of Vernon
& 0 /
CITY OF VERNON -tq
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. 3 SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: Professional Services Agreement by and btw the City of Vernon, P.O. NO. 011.0001573
PCR Services Corp. and WM Healthcare Solutions Inc.
TO: PCR Services Corporation CONSULTANT
REQUESTED BY: PCR Services Corporation
You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as
specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the
additional work as if said work was originally indnded in the agreemnnt
Additional services for the evaluation of the Green House Gas analysis for the Waste Management Conditional Use
Permit at a cost not to exceed $4000.
Resolution No. 9461
Agreement Amount (Base Bid) .............................................
$
66,150.00
Amount of This Change OrderI .............................................
$
4,000.00
Amount of Previous Change Orders I .......................... I ..............
$
17,300.00
Total Change OrdersI ....................... ...................... I.......
$
21,300.00
Modified Agreement AmountI .............................................
$
87,450.00
By reason of this change order the time of 6 mont
completion will be adjusted as follows:
Approved: Date:
Di etor of ninfunity Services & Water
Attest: Date:
Manuela Giron City Clerk
Approved: -'��✓'Date:
WM Healthcare Solutions, Inc.
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
�r
Accepted Date: I �� I Consultant: �Ci' V Ge'sAl
By: Title: I r-v!
u
September 11, 2008
Bill Bingham, East Group Director
WASTE MANAGEMENT HEALTHCARE SOLUTIONS
1001 Fannin, Suite 4000
Houston, Texas 77002
Re: REQUEST FOR BUDGET AMENDMENT — WASTE MANAGEMENT
AUTOCLAVE PROJECT IN THE CITY OF VERNON
Dear Bill:
PCR Services Corporation (PCR) is submitting this request for a budget amendment for
environmental services associated with the proposed Waste Management Autoclave Project (the
project) in the City of Vernon (the City). The purpose of this budget amendment is to seek
additional fees necessary to cover additional expenses incurred for preparation of the Initial
Study/Mitigated Negative Declaration (Initial Study/MND).
In particular, additional expenses were incurred for the inclusion of the greenhouse gas
emissions analysis in the Initial Study/MND. This analysis was not provided for in our original
scope of work under the current three-way contract with the City. When PCR originally prepared
our proposal in January 2007, global climate change was not an issue that was required to be
addressed by California Environmental Quality Act (CEQA). However, since that time, analysis of
this issue has been made a requirement by CEQA. Thus, the analysis of air quality in the Initial
Study/MND was expanded to include an analysis of greenhouse gases (GHGs) emissions. Due to
this additional work, additional expenses in the amount of $4,000 were incurred. Therefore, PCR
requests a budget amendment for an additional $4,000 to recover costs associated with this Green
House Gases (GHG) analysis.
If the terms of this request meet your approval, please sign, date, and return this request to
my attention. Thank you very much and we look forward to continue our work with you on this
project.
Sincerely,
PCR SERVICES CORPORATION
Rachel Kwok
Principal Planner
233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401 INTERNET www.pernet.com TEL 310.451.4488 FAx 310.451.5279
� ✓f
WASTE MANAGEMENT
September 11, 2008 - Page 2
ACCEPTANCE AND AUTHORIZATION
If this amendment meets with your approval, please sign this letter and return a copy to us for
our records.
Accepted and approved:
WASTE MANAGEMENT HEALTHCARE SOLUTIONS
By: ✓��
Date: �C%
cc: Kevin Wilson, City of Vernon
Sergio Canales, City of Vernon
Jim Fraumeni, Consultant to Waste Management