HomeMy WebLinkAboutBioremedy, Inc - 1998-03-090 a
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
To: Connie Brockway, City Clerk
From: Duane S. Olson, Division Chief/Fire Mars
Date: March 5, 1998
SUBJECT: PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY AND
BIOREMEDY, INC. — COMPLIANCE WITH HBMC CHAPTER 3.03
The Fire Department desires to engage the services of a contractor for consulting services on
environmental and soil remediation issues in the City of Huntington Beach. In order to comply with
Chapter 3.03 of the Huntington Beach Municipal Code (HBMC), we have requested informal written
proposals from three (3) qualified consultants. These consultants are listed below:
BioRemedv, Inc.
Hazard Management Consulting, Inc.
Levine, Fricke, Recon Engineers
The Fire Department has chosen BIOREMEDY, INC. based on these proposals. We have documented
the justification for choosing BIOREMEDY in the attached Sole Source Justification.
The Certificate of Insurance from BioRemedv, Inc. has been approved as to form by the City Attorney's
Office and the original is on file in Risk Management.
The provisions of 1-IBMC Chapter 3.03 have been complied with.
If you have any questions or need additional information, please call my office at ext. 5564.
DSO/cgs
STMT!OLSONN.COMPLIANC£ TO HR14C CHAPTER
Attachments
•
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BIOREMEDY, INC. FOR CONSULTING SERVICES
ON ENVIRONMENTAL AND SOIL REMEDIATION ISSUES
THIS AGREEMENT is made and entered into this 9 t h day of
March , 1998, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
BIOREMEDY, INC., a California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor for consulting services
on environmental and soil remediation issues in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied
with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
WORK STATEMENT
CONTRACTOR shall provide all services as described in the Request for
Proposal, dated
r - _
9/ 2 3/ 9 7 and CONTRACTOR'S letter
dated September 24, 1997 and Work Statement (hereinafter collectively referred to as Exhibit
"A"), which is attached hereto and incorporated into this Agreement by this reference. Said
services shall sometimes hereinafter be referred to as "PROJECT."
CONTRACTOR hereby designates Richard Fudurich, who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONTRACTOR in the
performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONTRACTOR
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed no later than twelve (12) months from the date of
this Agreement. These times may be extended with the written permission of the CITY. The
time for performance of the tasks identified in Exhibit "A" are generally to be as shown in the
Scope of Services on the Work Program/Project Schedule. This schedule may be amended to
benefit the PROJECT if mutually agreed by the CITY and CONTRACTOR.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONTRACTOR a fee not to exceed One Hundred Twenty -Five Dollars ($ 125) per hour
for consulting services and Ninety -Five Dollars ($95) per hour for field technical services. This
agreement shall not exceed the total sum of Twenty Thousand Dollars without approval of the
City Council.
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A", or
changes in the scope of services described in Exhibit "A", CONTRACTOR will undertake such
work after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
2
6. METHOD OF PAYMENT
A. CONTRACTOR shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. Delivery of work project: A copy of every technical memo and report
prepared by CONTRACTOR shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion. Any such project which has not
been formally accepted or rejected by CITY shall be deemed accepted. '
C. The CONTRACTOR shall submit to the CITY an invoice for each
progress payment duo. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONTRACTOR'S firm that the work has been performed in accordance with the provisions of
this Agreement; and
5) For all payments include an estimate of the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that
CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with
this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made
3
•
within thirty (30) days of receipt of the invoice by CITY. SUCH approval shall not be
unreasonably withheld. If the.CITY does not approve an invoice, CITY shall notify
CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONTRACTOR is in, or has been
brought into compliance, or until this Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by the CITY
shall be invoiced separately to the CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such
time. Such invoices shall be approved by CITY if work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate
and apart from the ongoing performance of the remainder of this Agreement.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS.
CONTRACTOR agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notes, calculations, maps and other
documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT
completion, whichever shall occur first. In the event this Agreement is terminated, said materials
may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said
materials shall pass to the CITY upon payment of fees determined to be earned by
4
r:
•
CONTRACTOR to the point of termination or completion of the PROJECT, whichever is
applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder.
8. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation costs and fees of litigation of every nature) arising
out of or in connection performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement, except such loss or damage which was caused by the
sole negligence or willful misconduct of the City.
9. WORKERS' COMPENSATION
CONTRACTOR shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State of California, the applicable provisions of
Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state
or federal acts or laws applicable; and shall indemnify, defend and hold harmless City from and
against all claims, demands, payments, suits, actions, proceedings and judgments of every nature
and description, including attorneys' fees and costs presented, brought or recovered against City,
for or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONTRACTOR under this Agreement.
10. PROFESSIONAL LIABILITY INSURANCE
CONTRACTOR shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONTRACTOR's
(1
i •
professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate.
A claims made policy shall be acceptable if the policy further provides that:
1. The policy retroactive date coincides with or precedes the professional services
contractor's start of work (involving subsequent policies purchased as renewals or
replacements).
2. CONTRACTOR will make every effort to maintain similar insurance during the
required extended period of coverage following project completion, including the
requirement of adding all additional insureds.
3. If insurance is terminated for any reason, CONTRACTOR agrees to purchase an
extended reporting provision of at least two (2) years to report claims arising from
work performed in connection with this Agreement.
4. The reporting of circumstances or incidents that might give rise to future claims.
Under no circumstances shall this insurance contain a self -insured retention, or a
"deductible" or any other similar form of limitation on the required coverage in excess of
$ -0-
11. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to City certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
a. provide the name and policy number of each carrier and policy;
b. shall state that the policy is currently in force; and
0
9 •
shall promise that such policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty days
prior written notice; however, ten days prior written notice in the event of
cancellation for nonpayment of premium.
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of City by CONTRACTOR under the Agreement. City
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums
on all insurance hereinabove required.
12. INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be
responsible for any and all payments of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONTRACTOR
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONTRACTOR'S services hereunder at any time with or «ithout
cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by
7
C�
CITY shall be made in writing through the Fire Chief, notice of which shall be delivered to
CONTRACTOR as provided herein.
i[>�. W14-iu f�`a-W4110 l�YiI;TKI� `►A-V �7:TW! k WIt"
This Agreement is a personal service contract and the supervisory work hereunder
shall not be delegated by CONTRACTOR to any other person or entity without the consent of
CITY.
15. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
16. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
17. NOTICES
Any notices or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated
in Section I herein above) or to CITY'S Fire Chief, as the situation shall warrant, or by enclosing
the same in a sealed envelope, postage prepaid, and depositing the same in the United States
Postal Services, addressed as follows:
•
9
TO CITY:
Michael Dolder
Fire Chief
City of Huntington Beach
200 Main Street
Huntington Beach, CA 92648
18. IMMIGRATION
TO CONTRACTOR:
Mr. Richard Fudurich, President
BioRemedy, Inc.
7332 Autopark Drive
Huntington Beach, CA 92648
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
19. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY;
and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
Rest of page intentionally left blank
E
•
20. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above written.
CONTRACTOR
BIOREMEDY, INC.
rMM M/wEr.—
Ed
-
(print name) ��
Its: (circle one) Chairm Presiders ice President
Fu..du.,v(-k
ti e)
Its: (circle Secretary hief Financial Officer/
Asst. Secretary -Tre r
REVIEWED AND APPROVED:
n ew
Acting C , Administrator
10
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
Goa, ed�
Acting City Administrator
APPROVED AS TO FORM:
�-L- zg��Z�- -
-7y City Attorney
6
JD�VIATED AND APPROVED:
sting Assistant City Administrator/
Fire Chief
EXHIBIT A
9 9 k x4, � .F 'A"
BioRemedy, Inc.
Environmental Consulting & Remediation
September 24,1997
Deputy Fire Marshall Tim Greaves
Huntington Beach Fire Department
2000 Main Street
Huntington Beach, CA 92648
Dear Mr. Greaves:
Thank you for taking the time to speak with me last week and to discuss possible
opportunities for BioRemedy, Inc. to provide environmental services to the City of
Huntington Beach. As you know I have extensive oilfield clean-up experience and
possess a Registered Environmental Assessor license from the State of California.
Prior to forming BioRemedy, I worked as an Environmental Manager for Chevron
Corporation and was responsible for the assessment and remediation of more than 2
million cubic yards of contaminated soil located at more than fifty different sites in
Southern California (many located in Huntington Beach). Because of this experience,
I'm intimately familiar with the City's Soil Clean -Up Standard, Specification 431-92. 1
also possess a thorough knowledge of the City's membrane and oil well venting
requirements as well as the County and State concerns regarding property clean-up and
closure.
My standard fee is $125.00 per hour for consulting services and $95.00 per hour for field
technical services, i.e., field inspection work. The use of my company car, telephone
and fax are included in these rates. Subcontracted and direct "out of pocket" expenses
are billed at cost plus fifteen percent (15%). If requested, I would be happy to provide
lump sum prices or a discounted hourly rate based on a specific scope of work. I look
forward to meeting with you to discuss your needs and provide the City of Huntington
Beach -.with a quote of my preferred rates. I have a current certificate of insurance on file
with the City Risk Management Division (contact Chris Mendoza).
If you have any questions please call me at (714) 842-6418. 1 look forward to the
possibility of working with the City of Huntington Beach. Thank you again for your
time and consideration.
Sincerely,
Richard Fudurich
President
File: Greav
7332 Autopark Drive • Huntington Beach, CA 92648
(714)842-6418 Fax (714) 842-8769
�J
40
EXHIBIT "A"
The City of Huntington Beach desires to obtain the services of a qualified
Environmental Consulting and Remediation Specialist to evaluate the following:
A. Environmental Specialist shall review and approve non-remediation
request and make recommendations to the City as required.
B. Environmental Specialist shall represent the City of Huntington Beach at
various meetings, with the approval of the City Administrator, Fire Chief,
or designee.
C. Environmental Specialist shall review oil well abandonments' safety
recommendations from the geologist and perform the following:
1. Review history; when drilled, when abandoned.
2. Locations and amounts of cement.
3. Zonal depths of the well.
4. Evaluate electric log, core data, ditch or sidewall sample
description, drillers log, and/or oil properties.
Approve well mitigation requirement and work with Developer for
compliance.
D. When required, coordinate final reports for well abandonment or
reabandonment.
E. Prepare, review and approve site audits concerning Phase I, Ii and III
remediation projects. Environmental Specialist shall commence work
within five (5) calendar work days after the date that the City instructs it in
writing or verbally to do so and shall thereafter prosecute the work
diligently.
F. Any and all data, information, investigations, conclusions,
recommendations, and reports made under this Agreement shall be the
exclusive property of the City and shall be kept strictly confidential by the
Environmental Specialist except as otherwise approved by the City
Administrator, Fire Chief or designee.
0 0
G. Environmental Specialist shall perform all work covered by this
Agreement in accordance with good practices and standards of
performance applicable in the oil and gas industry.
I u calk] ; 1►-me ►
The right is reserved to the City at any time by written order to Environmental
Specialist to make changes, additions, or omissions in the quantities of work,
physical boundaries of the project, or the instructions furnished to Environmental
Specialist.
�kljln W - 1 .1-
At no time shall the Environmental Specialist accept any outside work that may in
whole or in part conflict with the general scope of this contract.
t.DI Did I D10 OR
At any time, for any reason, the City may, upon the direction of the Fire Chief or
designee and by written notice to the Environmental Specialist, modify or
terminate the performance of all or any part of the Environmental Specialist's
services. Specialist shall forthwith turn over to the City all Specialist's data,
information, studies, investigations, computations, recommendations, reports, and
conclusions relating to work performed hereunder existing at the time of notice of
termination, and after written notice has been given to the Specialist of the
contemplated termination and cancellation shall, within thirty (30) days after
approval by the Fire Chief or designee, pay in full for all services provided by
Specialist prior to the time of termination or cancellation of this Agreement and
submitted for payment in accordance with and at the rates established heretofore
in this Agreement.
P)
03/04/199B 14:01 714-8428769 BICREMEDY INC, PAGE 01
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The City of Huntington Beach, 3t6 agents, Officers and employees are I= be
mined as additional insureds.
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A
OVY04/1998 14:01 714-8428769
BIDREiNEDY INC.
�U!.3Q, j7Ci '.I,3GAN 14SURANCIL S,�J nu<rvut PAGE 02
CREDIT GENERAL I
POLICY NUMBER: EOC 900 853 00 COA
BIOREMEDY
THIS ENDORSEMENT CHANGES THE POLICY.
CE COMPANY
GENERAL LIABILITY
READ IT CAREFULL)',
ADDITIONAL. INSURED-OWNERS}LESBEES OR
I
CONTRACTORS ('FORM13)
This andorsement modifies Insurance provided underthe following.,
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or Organlzation:
CITY OF HUNTINGTON BEACH
iTS AGENTS, OFFICERS, AND EMPLOYEES
2000 MAIN STREET
HUNTINGTON BEACH, CA 92848
CERTIFICATE HOLDER #0003
WMO IS AN INSURED (Section It) Is amended tUh
'clude ass an insured the perl.*n or
organization shown In the Schedule, but only respect to liability arising Dut of
your work for that insured by or for you. I
CG 20.10 (11185)
-Pull 7W7
`a.
-4
HUNTINCTON BEACH
MATERIAL
REQUISITION
PURCHASING
_ Fund � 'Dept - Ov I - Gfoup
p
Requested by &-j,a�
Approved by
For additional information call
Phone 5 `5 fi0 T
Ur^tgl'MENT USE
I I I, I U H A G
M M D❑ Y Y 25 78 80
19 24
APPROVALS:
Acct
Info System
Real Property
Administration
Contacted
Phone
DATE __ ---Fehruary 17. 1998 VENDOR +l< P.O. M
V • S +
E RIOR M DY INC_ H .HUNTINGTON REACH EIE3F DEPT
D 7332 AUTOPARK DRIVE P 2000 MAIN STREET
0
R 714I849_64:1 _ O --_A11N--2RE MARSHAL
F.O. B. Destination Delivery within Confirm Pius Frt. - Prepay & Add: Terms:
days
CONTRACT WITH RICHARD FUDURICH, BIOREMEDY, INC., FOR
ENVIRONMENTAL AND SOIL REMEDIATION CONSULTING_
NOT TO EXCEED
(Payable on the first day of each month for any service performed
during the preceding month submitted on an invoice.)
ATTACHMENT: Contract
Purchases of non -budgeted items will require the approval as noted in the resolution which adopted the budget.
Information Systems approval required for all purchases of Data Processing hardware.
REG. NO. AMOUNT - REG. NO. AMOUNT
1 2
Is
7
6
TOTAL $
$20, 000.00
$20, 000.00
REG. NO. AMOUNT
ATTACHMENTS TO
BIOREMEDY, INC.
MATERIAL REQUISITION/PURCHASE ORDER
1) THREE (3) INFORMAL WRITTEN PROPOSALS
2) SOLE SOURCE JUSTIFICATION
3) PROFESSIONAL SERVICES AGREEMENT WITH CITY'
AND BIOREMEDY, INC.
4) CERTIFICATE OF INSURANCE
5) MEMO TO CITY CLERK
RE: COMPLIANCE WITH HBMC CHAPTER 3.03
0 i
BioRemedy, Inc.
Environmental Consulting & Remediation
September 24,1997
Deputy Fire Marshall Tim Greaves
Huntington Beach Fire Department
2000 Main Street
Huntington Beach, CA 92648
Dear Mr. Greaves:
Thank you for taking the time to speak with me last week and to discuss possible
opportunities for BioRemedy, Inc. to provide environmental services to the City of
Huntington Beach. As you know I have extensive oilfield clean-up experience and
possess a Registered Environmental Assessor license from 'the State of California.
Prior to forming BioRemedy, I worked as an Environmental Manager for Chevron
Corporation and was responsible for the assessment and remediation of more than 2
million cubic yards of contaminated soil located at more than fifty different sites in
Southern California (many located in Huntington Beach). Because of this experience,
I'm intimately familiar with the City's Soil Clean -Up Standard, Specification 431-92. I
also possess a thorough knowledge of the City's membrane and oil well venting
requirements as well as the County and State concerns regarding property clean-up and
closure.
My standard fee is $125.00 per hour for consulting services and $95.00 per hour for field
technical services, i.e., field inspection work. The use of my company car, telephone
and fax are included in these rates. Subcontracted and direct "out of pocket" expenses
are billed at cost plus fifteen percent (15 %). If requested , I would be happy to provide
lump sum prices or a discounted hourly rate based on a specific scope of work. I look
forward to meeting with you to discuss your needs and provide the City of Huntington
Beach with a quote of my preferred rates. I have a current certificate of insurance on file
with the City Risk Management Division (contact Chris Mendoza).
If you have any questions please call me at (714) 842-6418. I look forward to the
possibility of working with the City of Huntington Beach. Thank you again for your
time and consideration.
Sincerely,
Richard Fudurich
President
File: Greav
7332 Autopark Drive • Huntington Beach, CA 92648
(714) 842-6418 Fax (714) 842-8769
HAZARD APANAGMENT CON'SURING INC
March 4, 1998
Captain Tim Greaves
Huntington Beach Fire Department
2000 Main Street
Huntington Beach, California 92648
Dear Captain Greaves, -
Hazard Management - Consulting, Inc. provides advise to its clients on environmental issues
ssues
associated with potentially hazardous materials. Our chief role' is to .'act as environmental
manager to our clients and serve -bn their behalf to 'select and manAge.vanous environmental
consultants;. interfdce with the regulatory community; and. in negotiation during real-estate
transactions. As- such, We have a - relatively small staff . of very . senior 1 environmental
professionals including; -licensed geologists and engineers, certified hydrogeologists, chenu'. sts,
accountants, and attorneys. We also provide ritigatio'n support and serv'e as expert witness in
cases such as real estate transfers or tenant/property owner disputes involving potentially -
hazardous materials.
While we always serve as an..advoc:ate for our clients; we almost always serve as. a facilitator
and problem solver. In general, we assume a "make deal" or "get it. fixed" role for our clients.
Our rates are as follows:
Principal S 1.50...00. per hour
Associates $130.00.per hour
We also are engaged in '
projects where as manager, our fee -is a percentage of a -total contract
Amount.. Generally, all subcontracts -are directly - with - ouf--'client and wejemew and nd approve
their invoices: Subcontractor. dost,s, when handled -that way,are not subject tom.fnark up.
Thank you ver� muck for 'your' `qonsidefation,-of this -propp.osal 'and"if `u-lmVe.anyq'
Y0 uestions
please f6el free to call meat your convince. - -
10.
yours,
Very truly yours, -
Very
truly y a em. 7Man t Consulting,, Inc.,.
David M. Hei WR.G., KE A-
1528 Via Milipan - San Clemente, California 92673 - (714) 361-3902 - FAX (714) 361-3697
101 Federal Street 19th F16or * Boston, Massachusetts 02110'.- (617) 695-1695 e FAX (617')'695-1795
SENT RY :Irvine Office 3- 2-98 : 1 : 1 1 P:VI : LEV I NE-FR I CKE-REC 714 3741551 : M 2 / 2
1998 SCHEDULE OF CHARGES Levinefricke-Recon
WESTERN REGION* eWMEERa, HVDn0QE0Lp0;8T3 & P?PUE0 SCIENTISTS
Charges for work performed on a project will be calculated and billed in U.S. currency at the rates ant by
category shown below (a separate schedule lists Levine•Fricke•Recon equipment rental rates), labor Cates include
all fringe benefits, burdens. and fees. This schedule is revised annually at the beginning of each year. t;banges
within a calendar year will not be made on a project in progress without prior notification.
Professional Services**
RATE Pl R HOUR
Principal
$i ,0 - 225
Senior Associate
145
Senior
136
Senior Project
122
Project
108
Senior Staff
92
Staff
60 - 77
Field and Technical Support Services
Environmental Technician
45 - 85
Engineering Technician
39 - 73
Construction Engineer
68 - 73
Engineering Designer/CADD Operator
55 - 78
ProjectlAdministrathve Assistant
48 - 78
Laboratory Services
Laboratory Manager
118
Laboratory Analyst/Technician
54 - 82
Database -Information Systems Support/Computer Services
information Systems/Database Support Specialist
48 - 8 l
CADD Computer Services
12
Scientific Computer Services
18
Database/Informadon
upon request
Publications and Graphics Support Services
Technical Editor
56 - 77
Illustrator
55 - 78
Reproduction
42
*Western Region is defmod as project locations within Clue following states: California, Nevada, Oregon, and
Washington.
**Includes Engineer, Hydrogeologist, Chemist, Scientist, Information Technologies AttalystlDeveloper, etc.
Expert Witness - 1.5 times billable rate.
Fifteen percent (15%) will be added to direct expenses to cover administration of travel, subsistence, contracted
printing costs and photographic work, materials and supplies, and other out-of-pocket expenses. Outsids services
for which Levine •Fricke-Recon administera a subcontract, such as drilling, laboratory services, special
consultants, or other outside services such as mzw equipment. will be charged at cost plus fifteen percent (159b).
This charge includes insurance costs, business taxes, administrative fees. processing fees, and carrying costs.
Internal costs for telephone, routine postage, and per page photocopying will be covered by a 2.4
communication fee based on total project invoice. Time spent in domestic travel will be billed with the foregoing
schedule, except that no more than eight hours of travel time will be billed in any one day. Overtime hours will
be charged at the rates quoted above.
IIWOICES AND PAYMENT
Invoices will be issued routinely on a final or partial basis. Payment is due upon receipt. Interest of one percent
per month (12% per annum) will be applied to the outstanding badanm for accounts not paid within thirty (30)
calendar days from receipt of the invoice. This does not constitute a credit agreement. Client shall pay my
attorney fees, court, and other costs associated with collection of any delinquent amount.
FRM-SC - i.DW oftism
E1
0 0
RIDER TO SOLE SOURCE REQUISITION
SOLE SOURCE JUSTIFICATION
SOURCE:
THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS
AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE IT IS:
SUBJECT TO VALID AND EXISTING UNITED STATES PATENTS OR COPYRIGHTS AND NO
ACCEPTABLE SUBSTITUTE FOR THIS PRODUCT OR SERVICE IS AVAILABLE
❑ A PROPRIETY PRODUCT OR SERVICE NOT OTHERWISE AVAILABLE AND FOR WHICH NO
SUITABLE SUBSTITUTE IS AVAILABLE.
❑ OTHER AVAILABLE AND COMPETITIVE ITEMS ARE INCOMPATIBLE OR UNUSABLE WITH EXISTING
EQUIPMENT.
COMPETITIVE SOURCES ARE AVAILABLE BUT THE REQUIRED DELIVERY SCHEDULE OBVIATES
THEIR USE.
COMPETITIVE SOURCES ARE AVAILABLE 13UT ARE UNRELIABLE OR THE PRODUCTS OR
SERVICES OFFERED LACKS THE REQUISITE QUALITY OR SUFFICIENT QUANTITIES ARE NOT
AVAILABLE.
OTHER
EXPLANATION OF ITEMS CHECKED
Richard Fudurich, BioRemedy, Inc., has many years of experience and has performed scores of
soil remediation project packages for his former employer, Chevron Land and Development.
Specifically, he was their Environmental Manager for Southern California responsible for
processing over 2 million cubic yards of soil in some fifty different sites (many were located in
Huntington Beach). He is a state licensed Registered Environmental Assessor no longer working
for Chevron, instead operating his own business, BioRemedy, Inc. Mr. Fudurich's project
assessment, evaluation, and document production are the same as the Huntington Beach Fire
Department PetroChem Section and are his areas of expertise. Mr. Fudurich is very familiar
with City procedures, Huntington Beach Fire Department standards, and PetroChem regulations.
Mr. Fudurich would provide the City with a quality work product, saving the Fire Department
PetroChem Section hours in personnel training time and expense.
s:fmtlolson\Furich Sole Source Justification
SOLE SOURCE SIGNATURES
O
- zz-Aw"a-,
i� Department Head Signature
Deputy City Administrator/Chief of
Administrative Services
City Administrator's Signature per
3.02.190(c) H.B. Municipal Code