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HomeMy WebLinkAboutBrown and Caldwell Consultants - 2001-05-21July 7 2003 Study Session Staff from the Public Works and Fire Departments will provide a status report on the completed work associated with methane issues in the vicinity of Christine Drive and Srookhurst Street, Ray Sil 7/711a3 �� . Christine Drive Gas Anomaly Aerial Photos Illustrations (BAS 2003) Illustrations (General) Graphics /Animation Graphics /Animation &Current Findings GSA Gravel Trench System � Mitigation Actions Locations of Current Concerns Conclusion Photos at 9072 ` Christine Dr. W Summary - Photos at 9062 Christine Dr. Photos at 9052 Christine Dr. �J i 4: •. J C] • Photos of Coastal Marsh Area & Drainage Channel Adjacent Looking East from Magnolia homes Huntington Beach Channel • 1) C7 After Installation of Passive Venting System Venting pole Typical higher groundwater level Gravel trench is path of least resistance a 17J Naturally occurring gas is able to escape and dilute with air in the atmosphere high above the ground surface. This is likely to reduce the expansion of the naturally occurring gas plume Gas is now less likely to seek these unknown paths Typical lower groundwateMexal • • Permeable native soil Trapped gas seeks unknown path of least resistance Developer imported clay (Very low permeability soil) Rising leve •• •1 • •1: 1 • :1• Naturally occurring gas • floating toward the ground surface u 0 • • After "1962" Development Naturally occurring gas unable to freely escape into the atmosphere, likely to result in the expansion of the gas plume Typical higher groundwater level I Trapped gas seeks unkno Developer imported clay path of least resistance (Very low permeability soil) Typical lower groundwatei*leNel • • • • • ' Rising level • • ' 91 ' ' 1 : : 1 ' 1 Naturally occurring gas • • floating toward ground surface Permeable native soil � • • Pre "1962" Development Naturally occurring gas is able to freely escape & dilute with air in the atmosphere it I it it At Typical higher groundwater level Rising level Typical lower groundwater level • • • • • • • • • • • • j • • • • •I • • • • �• I • • Naturally occurring gas • • • floating toward ground surface • Permeable native soil • • n u • • s 1991 Gravel Trench Construction (Per May 20, 1991 GSA Report) IIIEMCX 00 LIGHT SLMOMO 4 AT'r*!§ the first trercA shall ctan.e Is, 9e. the East prOperey tf2 of M2 Mrlat Try 11 Th.a Easterly .thin Mr aldewle to the East property i,m of 9972 011rlstirc PI. The se,otN tretlM dull suttee 28' East o1 hot W.t property line of 9oh2 mristity P1. at the fnter.ectim Of the first tree, two Northefty atrw. Mr is im Plate to Me yarswy an Me North side of Chfistim Plate. Me third trench sh.tl ... 25' East of the -.1 property tine of 9Oh2 tnristim FT. at the Intefsattfm of The first trmth, thence SmOherly !' into The front Wd of 9062 237 thrl.tt,s, at. �2 . I;pt .Mltdetd volt that l be, erec[M in the perswy are. In front of the property line hetueen M62 ero 9OR Ehristlro 2Z3 2e N Flo. � N 1 J-1 to t• ' 1 to I f 1 � C H R I 5 T I N E D R I V e MrES: 1. Asphalt to he pOtthM rN Sturry SeateC. 2. Sihvats tO he r[plc,,. O' RENEDIATIDN TRENCH to ICA LIGHT STANDARD 7972. • Typical Cross -Section (Per May 20, 1991 GSA Report) Private Property clean 3'rr hanconite vj pen grovel � o� slotted pipe -- -- T ✓+pea gravel O p Q 3:4" crush O cra•el Q OhM1f+ep T Q �O 0 O� C o � native sail —3" bentonite clay CAS "g3.Ycl0R TRE" + • I r�� 1 i I �� 11� 1 1 • 0 40 • Locations of Current Concerns Three home owners have similar concerns and believe "Dead Grass" in their yards is caused by naturally occurring gas. The three homes are located at: • 9072 Christine Drive • 9062 Christine Drive • 9052 Christine Drive J • L� Photos of 9072 Christine Drive (Before and after the installation of a gravel trench) • • • • • Photos of 9072 Christine Drive (Before and after the installation of a gravel trench) j • • Area of "Dead Grass" Ex. gravel trench Ex. gravel trench Home owner seen "bubbles on late morning of 3/18/03 (during hia-h tide) Ex. trench stub 75 - Horte o�\ ner seen. "bubbles" .a,,.Gate,111orninu 43/1g 03 Area of "Dead Grass. Locatio 4 ' past pro acti\ it\ Ex. uravel Typical Soil Characteristic At Christine Dr. & Susan Lane Depth 0 ft. 1 ft. Varies 6 ft. Street surface �r~�~ Road base material (Tyl ti�ti• • 3.5" to 6") • 15"to6') Low permeability clay (Typical 6') 8.58 x l0to-10 CM/ SEC Typical water table range Silty clay 5.77 x 10 to —6 CM / SEC r� U Cross-section at 9072 Christine Dr. (May 16, 2003 data from low to high tide) 60' Christine Drive 0% Methane, Center Line iproperty Curb & gutter ,Line road Property, d base material Line, -125' Venting stub on GW vanes ...V......... ....... �_.. =�-5----- --- +---�-- I u Clay P to -6 deeP) - ----------------- • , private property --¢-------- Silt (-6' deep and below) 80% - 90% \ Methane lot Venting system on Sheet Pile -10' deep to sewer flow line, Public ROW 6'-8' north of C.L. North South Drawn near to scale • • Tide varies 1 ­4' Huntington Beach Channel • L� Current Findings At 90725 90629 & 9052 Christine Dr. • Although it is difficult to determine the exact cause of the "Dead Grass" condition, it may be related to past construction activities. • City staff and BAS have developed mitigation actions for each of the residences. C� • • i • i Mitigation Action for Public Parkway 90725 90629 & 9052 Christine Drive City plant mid -height "hardy ground cover", leave existing s). Similar to current at 9072 Christine Drive. • Mitigation Action for Private Property 9052 Christine Drive — small spot of dead grass Core to remove existing soil, then replace with compacted clay. 9062 & 9072 Christine Drive — trench stubs 11 Partially remove stub of gas ventilation system extending onto private properties, and replace with compacted clay so that naturally occurring gas collected continues to vent through City passive venting system. 0 0 0 Conclusion • The City is not responsible for naturally occurring gas surfacing on private property. *Recent data from BAS does not support speculation that naturally occurring gas is seeping through the existing sewer main trench, moving laterally underneath the street pavement, and then onto the home owner's yard. *Existing Passive Venting System is effectively serving its purpose. 0 0 0 Summary • Over the last twelve (12) years, actions taken by the City have significantly reduced the impact of naturally occurring gas in this area by Christine Drive and Susan Lane. • Beside the recommended mitigation actions, there is nothing else the City can do to address this naturally occurring gas issue. • C7 M TO A N c CA-5 PE*iS f Al S lqql Sll��- -7115rlR4 �1)+/qs > 100j000 '►34 S I; -_ r > 00 o 5L > 1 4oa°° [_EC, > Gpo%. c.EG > 60004, LE-(- � 9107Z >-zoo,000 z1 �00 ` -�-7116 > doo°� LPL bo°l LEL J � y°� LE L > l oo, I,EL . ►► w 9 0-71 O 256 5ZD > Sao; 0ca�1 ;— I �Oo°!o LPL? GDDRFe(,�t- J moo, oo ; --...... 9o$t '� '{ r `15150 >. ld1a00 �' — >10016&6L- �ANALL&L NJ PAW QO ! ` - Low a i 8 �o G� 1, p > o pw - 1455j 140 > Go 116 & L > LOoa� rxL \ c y'iy2dy2 Svi.Fibi<�in[U S I �/? `cod�1� ^ i G@fl > 7 boo > c •.:: ,°�oZZ 'Y -- f ,^ > top < 1 MMMv ( cl 1-17- woI > too 3 t — > 6to 0 (1164) Row Lot .jam. µ4 � :� - arvw..... "." . ..y• _ ... KEITH D. TUCKER CONSULTING ENGINEER 9032 Christine Drive Huntington Beach, California 92646 7141968-2787 • FAX 714/968-5445 January 24, 2000 Southeast Huntington Beach Neighborhood Association F , Attn: Mr. John Scott :57ub m,, tf-Pd D I Ve- I I/c ulu A - -7--7 -03 SPrm Pv" h'V\ o{' CWnc• i lore h", Subject: Repairs to Subsurface Gas Mitigation System in the vicinity of Christine Drive, Huntington Beach, California Dear Mr. Scott: As per your request, a meeting was held with City of Huntington Beach officials on November 20, 1999 to review information on the existing subsurface gas mitigation system at the subject site. Additional field explorations were made along Christine Drive and the results were discussed with Fire Department officials, as well as previous high levels of methane gas and hydrogen sulfide readings in this area (see attached table). 1 had obtained a copy of the storm drain drawings from the City of Huntington Beach last year. It appears that the drain pipes under Christine Drive, Hula Circle and Susan Drive extend below the upper clay layer into the silty sand materials, with much higher permeability. It seems likely that gases are rising up under the asphalt streets, then spreading laterally to yards and adjacent properties. The previously installed gravel trenches with gas collection pipes were placed along the sidewalks, approximately 10 feet from the street curbs, in the upper clay soils. Thus, these trenches and pipes do not properly intercept the methane gas under the roadway and have not significantly decreased the gas levels in this area, In order to install a more effective gas mitigation system, the following action items should be done by SEHBNA personnel and City of Huntington Beach officials and consultants. • Item Description Cost Estimate 1. Engineering Evaluations $ 3,000.00 a) Meeting with GeoScience Analytical (GSA) engineer to review all field boring data, groundwater levels and methane gas measurements. b) Prepare maps/plans of area with location of methane gas and hydrogen sulfide emissions, as well as buried drain pipes. c) Measure current groundwater levels in local monitoring wells. I d) Measure methane gas and hydrogen sulfide levels in residences along Christine Drive. f e) Prepare recommendations for measures to intercept methane gas and hydrogen sulfide with vent posts, as necessary. 2. Construction Plans and Specifications $ 1,000.00 a) Prepare site plan with new mitigation measures b) Prepare design details of mitigation measures c) Review by Fire Department and Public Work officials. 3. Cost Estimate $ 1,000.00 a) Obtain cost estimates of proposed mitigation measures. b) Review by City of Huntington Beach officials. 1 appreciate this opportunity to be of service to you. If you should have any further questions, please do not hesitate to contact the undersigned. Respectfully Submitted, Keith D. Tucker R.G.E.841 0 0 CHRISTINE DRIVE GAS PROBLEM 1991 5114193 7./ 15194 3f 1 195 824195 10/26/95 3/14/96 1. Methane Gas Measurements 9052 Christine Dr. >I00.000 ppm 734,580 ppm — >100% LEL >100% LEL 9062 Christine Dr. >900.000 963,630 906,759 ppm >100% LEL >100% LEL 9072 Christine Dr. >700,000 2,800 711,266 >100% LEL 60% LEL 9061 Christine Dr. >100,000 127,860 >800,000 ppm 919,330 50% LEL >100% LEL 9071 Christine Dr. >200.000 286,510 >500,000 >100% LEL 100% LEL 9081 Christine Dr. 915,590 > 10,000 — >100% LEL > 100° o LEL 9101 Christine Dr. — >600.000 — — > 10% LEL >100% LEL Hula Circle > 6,000 - - - 22001 Susan Ln. — — — > 10,000 > 10,000 ppm 8% LEL 22021 Susan Ln. — — — >300,000 145,140 > 60% LEL > 100% LEL 22132 Islander Ln. — 826,570 — — — Mote: Legal explosive limit = 53.400 ppm = LEL Safe working level = 5,340 2. Hydrogen Sulfide Measurements 9062 Christine Dr. 2,400 ppm — > 100 ppm — >100 ppm >100 ppm 9072 Christine Dr. — — — — >100 > 1 9172 Christine Dr. — — — — — 9061 Christine Dr. — — > 100 ppm > 100 — >100 3 9071 Christine Dr. — — — — < 1 2 9081 Christine Dr. — > 6 — — < 1 >100 9101 Christine Dr. — > 6 — — < 1 < I Banning and Susan Ln. (1 1/94) 167 (manhole) 22002 Susan Ln. — — — — — < 1 22021 Susan Ln. — — — — — < 1 Note: immediately dangerous to life and health = 300 ppm - IDLH Safe working level = 10 ppm C =' yFi:es.Cians�CFristine Deice Gas Flas upc PROJECT NAME: OCEMA - Taffrt Channel MEET I OF 1 PROJECT NUMBER: G951194 BOREHOLE NUMBER: P-1 LOCATION: End of Chrisfw Drive, Huntington Beach, CA TYPE OF DRILL RIG: Rotary Wash DRILLER: C&L Drilling Co. HOLE SIZE: 5" HAMMER: (N/A) DROP: (N/A) DEPTH TO WATER: f (N.PQ SURFACE ELEVATION: ± 4' LOGGED BY: DW DATE: 1216195 TO 12J6/95 A MOISTURE CONTENT 1%) 10 30 50 LE- 'DRY z co DESCRIPTION OENsrry RtFll 0 a a 110 140 0 LU (L -j¢ I I I L) X DEGREE OF SATURATION (%) Ljj < LLJ > 2 20 100 �o Uj i LU to L) Ring Sample Shelby Tube < 0 PLASTICLIMIT (%) I LIQUID LIMIT' (%) • 5 7 6 U) 415 ' • VOID RATIO 0.1 0.5 0.9 SPT Sample Z Bag Sample halt pavement and roadway base to 9' -(CL, -0 -5 - (CL-CH). Clay, blueish gray, soft, wet. IF 10 -5 [Sal= (S12 (SNO. Silty Sand. olive gray, dense, wet, fine grained with occasional shell fragments. occa' ­10 15 - Same as above, shell fragments become mom abundant. -15 20 (No Recovery) 25 -20 Refusal upon pushing shelby tube. Strong odor of hydrogen sulfide. 30 -25 {No Recovery) End of Boring. .30 135 Note: 1) 2'-dWwtcr Schedule 90 slotted PVC casing installed in the borehole for bottom 10', solid casing installed for top 20'. 2) Top of monitoring well is mounted with traffic -rated water -tight 10'-diameter vault-40 -36 45 -40 -MCi YEN & ASSOCIATES, INC. rjeorechWcal & Envimnirimal ConsuUaw, Ent. 1979 17701 NUrCHELL NORTH, IRVINE, CA 92714 Tel: 714-757-1941 Fax: 714-757-1943 Figure: PROJECT NAME: OCEMA - TaW Chaml ET 1 OF 1 PROJECT NUMBER: G951194 BOREHOLE NUMBER: P-2 LOCATION: Midway of Levy {Inland Side), Huntington Beach, CA TYPE OF DRILL RIG: Rotary Wash DRILLER: C&L Drilling Co. HOLE SIZE: 5" HAMMER: (NIA) DROP (NIA) DEPTH TO WATER: f (N.R.) SURFACE ELEVATION: t 7' LOGGED BY: DW DATE: - 12/6/95 TO 12/6/95 ♦ MOISTURE CONTENT 1%) 10 30 50 o DESCRIPTION ■ DAY DENSITY (PCF) so 110 140 _ CL w Q W U jIE DEGREE OF SATURATION 1%) WO U. ] 3 W a 20 4 BO 100 -j N V . Ring Sample Shelby Tube Q Q PLA5TIC LIMIT 1%) 1 LIQUID LIMIT 1%) • Lu to rz 45 76 016 SPT Sample ®. Bag Sample • VOID RATIO n I n r, n a 6 (SC). Clayey Sand, grayish brown, dense, very moist, with • occasional shell fragments. 6 5� 0 (SM). Silty Sand, blueish gray, very dense, wet. Sand is very fine grained. ' 10 (SM. Silty Sand. gray, dense, wet, fine granted with abundant -5 shell fragments. i 16 Same as above. l -10 20 (No Recovery) -16 - 25. (No Recovery) -20 130 Strong odor of hydrogen sulfide. -26 35 -30 40 (No Recovery) -35 End of Boring. Note: 45 1) 2%diameter Schedule 90 slotted PVC casing installed in the borehole for bottom 10% solid casing installed for top 30'. -40 2) Top of monitoring well is mounted with traffic -rated water -tight 10'-diameter vault. BING YEN & ASSOCIATES, INC. GeomcWcal do Enwronnun al Consulrartrs, Fat. 1979 Figure: 2 17701 MITCHELL NORTH IN IRVE CA 92714 Tel: 714-757-1941 Fax: 714-757-1943 PROJECT NAME: OCEMA - TAM Channel TRET I OF I PROJECT NUMBER: G951194 BOREHOLE NUMBER: P-3 LOCATION: End of Levy (Neu Magnolia), Huntington Beach, CA TYPE OF DRILL RIG: Rotary Wash 'DRILLER- C&L Drilling Co. HOLE SIZE: 5" HAMMER: (N/A) DROP: (N/A) DEPTH TO WATER: f (N.R.) SURFACE ELEVATION: ± 7- LOGGED BY: DW DATE: 12/6/95 TO 12/6/95 A MOISTURE CONTENT M 10 30 50 LO- 'DRY Z DESCRIPTION DENSITY lPtF) so 110 140 x 0 P X DEGREE OF SATURATION I%) -1 < Lu IL Q W uiLU 20 so 100 0 L3 Ring Sample M Shelby Tube 0 PLASTIC LIMIT LIQUID L'IMITM • uj en 16 45 75 VOID RATIO 0.1 0.5 0.9 SPT Sample sag Sample (SC). Clayey Sand, yellowish brown, dense. very M012t. ■'A • 0 (SM-SC). Silty to Clayey Sand, yellowish brown, very dense, wet. Sand is very flu grained. —10 . . . --5 (SM). Silty Sand, dark gray, dense, wet, abundant sea -shell fragments. . 1 -15 -10 CL). Approx. 8' layer of silty clay. -dark gray, wet. —20 (SP) Sand, blueish gray, dense. wet, come grained with -15 abundant sea -shells. -25 (No Recovery) -20 -30 (No Recovery) -25 -35 --30 -40 �(No Recovery) --36 End of Boring. Noe: -45 1) 2"-diaraeter Schedule 90 slotted PVC casing installed in the borehole for bottom 10', solid casing installed for top 30'. 2) Tap of monitoring well is mounted with traffic -rated L-40 water -tight 1130 wate -diameter vault. imDING YEN & AssociAllas. INC. GwwAwcaj & Enwromnmw cawuuanu, Est. 1979 7 Figure: 3 17701 Mrf)CHELL NORTH, IRVINE, CA 92714 Tel: 714-757-1941 Fax: 714-757-1943 1 GREGG BIND ��N Site : TALBERT CHANNEL Engineer : MATT ROGERS Location G-4 Date 12 21 95 09:48 Qt tsf 0 N w L C Q m O V Max. Depth: 70.05 (ft) Depth Inc.: O.I64 (ft) Fs tsf 400 0 10 U psi Rf % SBT 0 35 0 10 0 12 tie . ciw silta y °s'nl 6Yl Mt, Sia .m S� Sol _ sue. sm,sw If I I suss s.mis.�e am, s mis.m (I))\ s.m Sal, sm%m j sole sm/s.m ( s.m smr s...is.m s.m fiat, S d/9 t"' sal smr ar m sm sms silt sm+ s.mrs.m sal SBI: Soil Behasior Type (Robertson and Campanella 1988) Fetimaled Phmatic Surface • • BING YEN Site : TALBEPT CHANNEL Engineer : MATT POGEPS Location : P-5 Date : 12,�21i95 11:45 Ot tsf 0 V Max. Depth 30.02 (ft) Depth Inc.: 0.164 (ft) Fs tsf 400 0 10 U psi Rf % SBT 0 35 0 10 0 12 em e..p Bw .. B.m e.vusm my e.oaiam k f•�- ®"> a�disoe f a� I BILL) S�vi14u! SBT: Soil Behavior Type (Robertson end Campanella 198E L • BING YEN Site : TALBERT CHANNEL Engineer : MATT POGEPS 1- Location : P-6 Date : 12i21�95 13:22 at tsf 0 Haz Depth: 65.45 (R) Depth hoc.: 0.164 (R) Fs tsf U psi Rf % SBT 400 0 10 0 35 0 10 0 1I D� Soil Rr BILL 9a( 9V1 - Smr a.m. sot s.m smr s.mrs,r �� smr s.mis.m s.m smr s a sm s m amr S�m9m Sm smr 4m5.m Sm smr smr s.m w sm �r sa r "s.m�m s.m smr s.mzm smr so, smr —Mm m 581: Soil Behavior Type (Robertson and Ca pane8a 1988 CEGG BING YEN Site : TALBEPT CHANNEL Engineer : MATT POGEPS Location : P-7 Date : 12z2li95 15:26 Ot tsf 0 Max Depth 40.03 (ft) Depth hic.: 0.164 (ft) Fs tsf 400 0 10 U psi Rf % SBT 7 35 0 10 0 1I p l S.M SIII sul smr s.mis,a sly. sly sly Sill, sm/s.m suly slyis,a i i i sly a. Sul. s ndl s 'Ym G-'1k m Gm CnMly %M Sm SW. Soil Behavior Type (Robertson and Campanella 191 S Fwtimated P1u+eetic Surface • J W"mmmd IWG YEN Site : TALBERT CHANNEL Engineer : MATT POGEPS Location : P-9 Date : 12i21i95 17:20 at tsf 0 bl x Depth: 35.60 (ft) Depth hra: 0.164 (ft) Fs tsf U psi Rf % SST 400 0 10 0 35 0 10 0 11 n. sloe. sw an ctix. sm Rr smr n.. 4� sui .A S—.vaisooa slog. slit �oa -M sloe sm, s.oe/sne s.m ': soil s.oe�oa SUP. Soil Behavior Type (Robertson end Campanella 1981 Q Estimated Phmatic Surface • C t G BING YEN Site : TALBERT CHANNEL Engineer : MATT POGEPS "MmElli Location : P-B Oate : 12,21�95 16:03 at tsf 0 y L a 0 0 Max. Depth 93.16 (ft) Depth hr : 0.164 (ft) Fs tsf U psi Rf % SBT 400 0 10 0 35 0 10 0 12 e.� six way Wa h9 1 Way soar4w atua Wly SM/Sod s.oa 6111y F vJ9vE 9d Wty S�vdl9d Sm Slip 4>diS�d S�nE Silty Sa {/'i�d SW allly �m MY S�MBed S.cio Silt Wty Sod/ Sudy Wt Silly . a>n sm an ML sat m SBT. Soil Behavior Type (Robertson and Campanella 1988 Q Estimated Phreatic Surface 1 Li GREW BING YEN Site : TALBERT CHANNEL Engineer : MATT ROGERS Location : 9172 Date : 12,,22z95 10:42 Ot 0 Max Depth 27.56 (ft) Depth Inc.: 0.164 (R) Fs 400 0 10 U Rf % SBT 0 3S 0 10 0 12 r�is _... sea nv saais.ea smy seuieea _,..._. . e,eb gn J w sea se+ SBT. Soil Behavior Type (Robertson " Campanella 1988) Fstimated Phre ti Surface BING YEN Site : ALOHA ST Engineer : DA WU Location : 9022 Date : 12i22�95 11:46 Ot tsf 0 Me Depth 30.02 (ft) Depth Inc.: 0.164 (ft) Fs tsf 400 0 10 U psi Rf % SBT 0 35 0 10 0 12 euv 5�dis.�a Ol; �/�m s� My hM Sd 3m SOP Soil Behavior Type (Robertson end Ce pe U& 1986 Q Eit ted Ph�tic S,vfece • •�, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: May 23 2001 TO: Brown & Caldwell ATTENTION: Linda Conlan Name 16735 Von Karman, Suite 200 DEPARTMENT: Street Irvine, CA 92606 REGARDING: Professional Services City, state, zip Engineering Services See Attached Action Agenda Item E-5 Date of Approval 5-21-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: dmw-� a4e�;�- Connie Brockway City Clerk Attachments: Action Agenda Page x CC: M. Dolder Name Name Name Name C. Mendoza Agreement x RCA Fire Department Department Department Dcp. ment x Risk Management Dept. x RCA RCA RCA RCA x Bonds Insurance x Deed Other x x Agreement Insurance Other Agreement Insurance Other Agreement Insurance Other Agreement Insurance Other x Insurance 1 Telephone: 714-536.5227 ) i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNUTTAL 'OF ITEINI APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUN'TINGTON BEACH DATE: May 23 2001 TO: Brown & . Caldwell ATTENTION: Linda Conlan Nano 16735 Von Karman, Suite 200 DEPARTMENT: Street REGARDING: Professional Services City, State, Zip Engineering Services See Attached Action Agenda Item E-5 Date of Approval 5-21-01 -Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: dGJ+�l�i 0-40�y- Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance x RCA Deed Other CC: M. Dolder Fire x x x Name Departrnent RCA Agreement Insurance Other Name Depatanent RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza x x x Risk M-nagement Dept. Insurance (Telephone: 714-536.5227 ) r Council/Agency Meeting og 21 -C;] Deferred/Continued to: Approved ❑ ConditiWally Approved ❑ Denied - C&Clerkignature uncil Meeting Date: May 21, 2001 Department ID Number: FD 01-008 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratorea :a PREPARED BY: MICHAEL P. DOLDER, Fire Chief/information SystemspirQor SUBJECT: AUTHORIZE APPROPRIATION AND APPROVE BROWN CALDWELL AGREEMENT TO PERFORM ENVIRONMENrr `<<° SERVICES IN SUPPORT OF THE CHRISTINE DRIVE -ME GAS ANOMALY PROJECT Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental &tun ttachment(s) I .-t-s" Statement of Issue: Should the City fund environmental engineering services in support of the Christine Drive Methane Gas Anomaly Project? Funding Source: An appropriation of $100,000 from the Undesignated, Unappropriated Fund Balance of the General Fund to the Fire Department Fire Prevention Professional Services account (10065201.69365) is recommended to fund environmental services in support of the Christine Drive Methane Gas Anomaly Project. The Fiscal Impact Statement is attached (Attachment 1). Recommended Action: MOTION TO: 1) Approve and authorize the appropriation of $100,000 from the Undesignated, Unappropriated Fund Balance of the General Fund and transfer to the Fire Department's FY 2000/01 Fire Prevention Professional Services account (10065201.69365); and 2) Approve and authorize the Mayor and City Clerk to execute the Proposal and Professional Services Agreement for Environmental Engineering Services for Christine Drive Gas Anomaly Project Between Brown and Caldwell, Environmental Consultants, and the City of Huntington Beach, in the amount of $46,830. 3) Approve waiver of Section 8 Standard Indemnification clause as recommended by the Settlement Committee. Alternative Action(s): Do not approve the request. Without supplemental funding, environmental engineering support services will not be available and the Christine Drive methane mitigation plan will not be completed. to *QUEST FOR COUNCIL AC*N MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER: FD 01-008 Analysis: Currently, the mitigation measures on Christine Drive, implemented by City consultants between 1991-1994, appear to be ineffective since sulfide odors have returned to the area resulting in negative impacts to neighborhood lawns and other area vegetation. Additionally, further analysis is required to determine if gases in the area are a health and safety issue, or only a nuisance. At this time, City staff is recommending that Brown and Caldwell, Environmental Consultants, be used for the following tasks in the Christine Drive Methane Gas Anomaly Project: Part 1: Compile existing historical data for the site into a Geographical Information System as described in their proposal dated December 20, 2000 (Attachment 2). Part 2: This part is detailed in the Brown and Caldwell Proposal and Letter Agreement for Environmental Engineering Services Christine Drive Gas Anomaly Project (Attachment 3) and includes the following tasks: • Review and evaluate the distribution of gases and site characteristics through aerial photographs. • Define specific parameters to identify the source of methane gas. • Identify the data gaps between interpretations presented by the City, County and local neighborhood association. • Provide as -needed consulting in developing future plans and identifying engineering controls necessary for ongoing site mitigation measures. • Provide assistance in managing additional field investigations and mitigation. • Provide as -needed consulting to the City's Project Manager for communicating project status and findings with the Huntington Beach local community. The technical expertise of Brown and Caldwell, professional Environmental Consultants, is necessary to adequately analyze, evaluate, and address the potential health and safety issues associated with the Christine Drive Methane Gas Mitigation Project. The services provided in the proposed agreement are necessary to accurately understand site conditions and provide the short and long term gas mitigation measures. The proposal from Brown and Caldwell for these services is for $46,830. In the event that existing data are not sufficient to provide conclusive answers to all of the outstanding issues related to the Project, including the orgin of the methane, factors controlling its distribution, and effective engineering controls, additional funding may be required, up to the balance of the $100,000 appropriation requested of City Council. To comply with Chapter 3.03 of the Huntington Beach Municipal Code, the Fire Department requested, received and evaluated formal written proposals from three qualified consultants. Based on the needs of the project, Brown and Caldwell, Environmental Consultants, is recommended. The Professional Environmental Services Agreement (Attachment 4) has been reviewed and approved as to form by the City Attorney. FD01 008 Brown and Galdwell1doc -2- 5/11101 8:23 AM %QUEST FOR COUNCIL ACAN MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER: FD 01-008 Modified Indemnification and Insurance Requirements: Paragraph 8 (A) — (C) of the Brown and Caldwell Professional Services Agreement includes limitations of indemnification obligations of the consultant to the City. Specifically, Brown and Caldwell made these three (3) requests: 1. Limit the indemnification obligations to acts of negligence only. 2. Limit indemnification damages to the value of the contract. 3. Require the City to indemnify the vendor in the event of damage attributable to preexisting pollution conditions. The indemnification limitation is in conflict with the standard indemnification provision required by Resolution 97-20 which requires full indemnification from the vendor to the City for any and all claims, including attorney's fees. In their meeting of April 10, 2001 (Attachment 5), the Settlement Committee reviewed, evaluated, and voted to recommend the modifications to the City's standard indemnification language and approved, in concept, Brown and Caldwell's limitations of liability. New Appropriation Criteria: In March 1998, the City Council adopted three criteria to follow in requesting a new appropriation. The three criteria include: 1) unanticipated emergency 2) requirement to implement labor negotiations 3) new expense that is offset by related new revenues. This request falls under Criteria 1, it is an unanticipated emergency. The Christine Drive methane gas problem is a potential City liability and may pose a health and safety issue to the neighborhood. Without the professional services environmental engineering contract, the City will not be able to accurately evaluate the neighborhood gas problem nor provide the needed gas engineering controls. Environmental Status: None. Attachment(s): 1. Fiscal Impact Statement 2. Brown and Caldwell Proposal and Letter Agreement dated 12/20/00 3. Proposal to Provide Environmental Engineering Services dated 4/13/01 4. Professional Services Contract 5. ADDroved Settlement Committee Waiver RCA Author: Dolder/Olson/Justen FD01 008 Brown and Caldwell3.doc -3- 5111/01 8:23 AM Pi • ATTACHMENT 1 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2001-32 Approve Funding For Environmental Engineering Services In Support Of The Christine Drive Methane Gas Mediation Project Date: March 7, 2001 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Funding For Environmental Engineering Services In Support Of The Christine Drive Methane Gas Mediation Project." If the City Council approves this request (total appropriation $100,000) the estimated unreserved General Fund balance at Septem 3 00 2001 will be reduced to $9,444,921. Clay M , Director of Administrative Services Fund Balance - General Fund Adopted Budget Current Estimate Beginning Fund Balance 10/1/2000 (unaudited) $ 11,727,000 $ 11,727,000 Plus: Estimated Revenue 127,315,000 130,815,000 Less: Estimated Expenditures (130,660,000) (129,986,000) Pending/Approved FIS's: (3,011,079) (3,011,079) Less: FIS 2001-32 (100,000) (100,000) Estimated 9/30/2001 Unreserved Balance $ 5,270,921 $ 9,444,921 Less Reserve for Economic Uncertainty (9,100,000) (9,100,000) Amt Unreserved, Undesignated (3,829,079)1 344,921 General Fund Balance 2000/2001 $10,500,000 19,0 000 7,5 000 6,000,000 4,500,00 3,000,00 1,500,000 0 - 15001080 - 3:000,000 - 4, 500, 000 Adopted Current Budget Estimate ■ Unreserved Undesignated 13 Reserved for Economic Uncertainityl ATTACHMENT 2 • t15735 Voran. Suite 2CO Irvine, CA Tel: (949j 660-1070 Fax: (949 4-C94.0 December 20, 2000 Chief Michael P. Dolder City of Huntington Beach Fire Department 2000 Main Street Huntington Beach, California 92648 12/91054-026/1 Subject: Proposal and Letter Agreement to Compile Existing Christine Drive Site Data into a Geographical Information System (GIS) Dear Chief Dolder: In accordance with your November 28, 2000, request Brown and Caldwell is pleased to present this letter proposal to compile existing historic data for the Christine Drive Site (Site) into a Geographical Information System (GIS). As we discussed during the November 28" meeting, this proposal is the first task (Task 1) in a series of tasks in support of the Christine Drive Gas Anomaly Project. The remaining tasks are included in a separate proposal. OBJECTIVE The Christine Drive Site, located in the City of Huntington Beach (City), has experienced historic problems with methane, hydrogen sulfide and other trace gas seepage from the subsurface. The objective of this Scope of Work is to create a central electronic repository of current and historical Site information to be used for Site documentation and as an analytical tool. The organization of project data will minimize the review time of City contractors and City employees as the project progresses. It also will provide a historical record of this site for a variety of future uses. SCOPE OF WORK Based on the information provided to Brown and Caldwell by the City of Huntington Beach Fire Department in early November, gas emissions have been an issue at the Site for some time and a passive venting system has been emplaced to control and monitor the emissions. Over time, a significant amount of chemical, geological, and hydrogeological data have been collected by various consultants and City employees. The data collected to date are difficult to use in their current state because they reside in a • number of unrelated paper documents with no correlation between data sets, and are not 12t0-91054.26/DCN 102199 Chief A ael P. Dolder • City of Huntington Beach Fire Department December 20, 2000 S Page 2 keyed to a unified basemap. Compilation of these data in one electronic repository along with Site specific electronic maps including city infrastructures, utilities, sample locations and results, control measures, etc. can be used to further evaluate the data in a variety of scenarios. This will help achieve a better understanding of existing Site conditions and identification of data gaps, and ultimately facilitate development of permanent mitigation recommendations. In order to achieve the objectives associated with Task 1, Brown and Caldwell will implement the following subtasks: ■ Subtask 1.1 -Review existing project Site files and information. ■ Subtask 1.2 - Design and develop a Site -specific GIS Model. ■ Subtask 1.3 - Populate and QC the Site -specific GIS Model. ■ Subtask 1.4 - Create a Site -specific historical action Record Table. Details and assumptions associated with these subtasks are described below. Subtask 1.1- Review Existing Project Files • Brown and Caldwell will review the project files provided by the City to identify the types and quantity of the information available. Source documents will be identified and organized for inclusion to the GIS. Data included in the GIS will reference these source documents. Subtask 1.2 - Develop a Site -Specific GIS Model Using the information obtained in Subtask 1.1 and the ultimate objectives for the use of a GIS, Brown and Caldwell will develop a Site -specific GIS data Model. The model will be designed to store available information that may include: ■ Utility corridors, piping layouts, etc. ■ . Surface elevation data. ■ Coordinates and locations of sample points, wells, etc. ■ Chemical concentrations in soil gas, soil, groundwater. ■ Existing locations / layout of control measures. Additional relevant information found during the document review may also be included. The amount and type of information included in the GIS will depend on the type and format of data provided by the City of Huntington Beach. PAMHuncington Rmh\Cristine Ddvc\Proposals\102199(r3).doc 12.)0.91054.26/Da 102199 Chief Michael P. Dolder City of Huntington Beach Fire Department December 20, 2000 Page 3 Subtask 1.3 ,- Populate and QC the GIS Model After the project files have been reduced to raw data, they will be digitized into the GIS. The accuracy of the digitized data will depend on the accuracy of the source documents. Color plots will be produced and forwarded to the City for review and comment. One meeting with the City has been included in the project budget to discuss and resolve data quality and display issues. Subtask 1.4 — Create an Action Record Table In order to complete Subtasks 1.1 through 1.3, it is necessary for Brown and Caldwell to read the majority of the provided project documents. With this level of effort already in progress, BC will create an action record table or database that summarizes efforts made by the City to mitigate the adverse Site conditions with little additional effort. This information may be useful to show diligence on the part of the City in the future. ASSUMPTIONS / EXCLUSIONS It is assumed that the following items will be provided to Brown and Caldwell by the . City of Huntington Beach, in digital format, on a common base coordinate system, prior to the commencement of work: 1. A parcel base map of the Site in ArcVIEW shape file or ArcINFO coverage format. 2. Utility maps of the Site showing the manholes and centerlines of all sewer, storm drain and water lines in shape file or coverage format. If available, the invert elevations of these lines should also be provided. Any other pertinent site information should be forwarded to Brown and Caldwell for review and potential inclusion in the GIS prior to the commencement of work. We understand that for Brown and Caldwell to use the City's digital Landbase/GIS Mapping data as the base for the project data, the City requires certain agreements be signed by Brown and Caldwell. We have received the following documents from Mr. Douglas Stack from the City of Huntington Beach Department of Public Works: • Digital Landbase/GIS Mapping Non -Disclosure Statement • City of Huntington Beach Digital Data Loan Agreement Statement • City of Huntington Beach Addendum to County of Orange Non -Disclosure Statement • These documents are currently under review by our corporate legal department. PASS\Huntinpon Reach\Crisrinc Drive\Proposals\102199(6)-doc 12-M-91054.26/DCN f02199 Chief Michael P. Dolder City of Huntington Beach Fire Department December 20, 2000 Page 4 Analysis of the data is specifically excluded from this scope of work but will be included in Tasks 2 through 4 proposed under separate cover (see above). The quantity and accuracy of data included in the GIS will depend on the quality and accuracy of the source data provided by the City. DELIVERABLES Following the completion of this scope of work, Brown and Caldwell will deliver to the City of Huntington Beach two (2) copies of an ArcVIEW, (or ArcINFO) project file and the associated shape theme files (or coverages), described above, on compact disc media. Brown and Caldwell will also submit up to four (4) large format color plots as necessary to summarize the data and a transmittal document that describes the contents of the GIS and the associated meta data. PROJECT ORGANIZATION Schedule Should the City of Huntington Beach require Brown and Caldwell to begin work . immediately, you may accept this proposal and authorize Brown and Caldwell to begin by signing and dating two (2) copies and returning one (1) copy to Brown and Caldwell. It is anticipated that this scope of work will be completed within four (4) weeks of authorization to proceed. • Compensation We propose that compensation for services be on a time -and -expense basis, not to exceed $15,830 as summarized in the attached cost table. All services and charges will be provided in accordance with the existing Professional Services Contract Between the City of Huntington Beach and Brown & Caldwell for Environmental Consulting Services dated June 19, 2000. PAEMuntington Beach\Cristine Drive\Proposa1s\102199(r3).doc 12-�0-91!��4-26/DCN I02199 • Chief Michael P. Dolder City of Huntington Beach Fire Department December 20, 2000 Page 5 We look forward to working for you and to help the City of Huntington Beach meet the objectives of this project. Very truly yours, BROWN AND CALDWELL, A California Co tion j hn Fields, E. Managing Engineer Attachment: Cost Table Enclosures f The undersigned agrees to the Terms and Conditions of this Letter Agreement Attached hereto. THE CM OF HUNTINGTON BEACH Signature C Printed Name MICHAEL P . AOLDER Title FIRE CHIEF Date��� cc: Marc Damikolas, Project Engineer Diane Henry, Principal Hydrogeologist P:\MHunungton dcach\Crisrine Drive\PropnsJs\102199(r3).dnc 12-M91054, 26 / DL1102199 r0 City of Huntington Beach Christine Drive Gas Anomaly Task 1 - Geographical Information System Development Cost Estimate �5labtask 1:1 ;Project;tile:re�iew :' ' .„: ", Labor - Level Rate Hours Billing Cost Chief Engineer L $150.00 $0.00 Managing Engineer/Geologist/Scientist K $130.00 1 $130.00 Supervising Engineer/GeologisVScientlst 1 $120.00 $0.00 Principal Englneer/GeologistlScientist 1 $105.00 1 $105.00 Senior Engineer/Geologist/Scientist H $95.00 1 $95.00 Engineer/Geofogist/Scientist G $85.00 12 $1,020.00 Associate Engineer/Geologist/Scientist F $70.00 20 $1,400.00 Assistant Engineer/Geologist/Scientist E $55.00 $0.00 Sr. Tech nicianldrafter E $55.00 $0.00 Administrative D $45.00 2 $90.00 Subtask 1.1 Labor Subtotal $2,840.00 Other Direct Costs Subtask 1.1 ODC Subtotal $100.00 Subtask 1.1 Subtotal $2,940 00 i5ubta"sk_1 24;,Deyelcp�GlS:model�, F_".E.EF L Labor Level Rate Hours Billing Cost Chief Engineer L $150.00 $0.00 Managing Engineer/Geologist/Scientist K $130.00 1 $130.00 Supervising Engineer/Geo logist/Scientist 1 $120.00 $0.00 Principal Engineer/Geologist/Scientist 1 $105.00 $0.00 Senior Engineer/Geologist/Scientist H $95.00 2 $190.00 Engineer/GeologisVScientist G $85.00 16 $1,360.00 Associate Engineer/Geologist/Scientist F $70.00 2 $140.00 Assistant EngineerlGeologisVScientist E $55.00 $0.00 Sr. Technician/drafter E $55.00 $0.00 Administrative D $45.00 1 $45.00 Subtask 1.2 Labor Subtotal $1,865.00 Other Direct Costs Subtask 1.2 ODC Subtotal $70.00 Subtask 1.2 Subtotal $1,935.00 • Christine Drive Gas Anomaly GIS Brown and Caldwell, Irvine Page 1 Labor Level Rate Hours Billing Cost Chief Engineer L $150.00 $0.00 Managing Englneer/Geologlst/Scientist K $130.00 4 $520.00 Supervising Engineer/Geoiogist(Scientist J $120.00 50.00 Principal Engineer/Geologist/Scientist I $105.00 50.00 Senior Engineer/Geologist/Scientist H $95.00 8 $760.00 Engineer/Geologlst/Scientist G $85.00 30 $2,550.00 Associate Engineer/Geo logist/Scientist F $70.00 72 $5,040.00 Assistant Engineer/Geologist/Scientist E $55.00 $0.00 Sr. Technician/drafter E $55.00 $0.00 Administrative D $45.00 1 $45.00 Task 3 Labor Subtotal $8, 915.00 Other Direct Costs Task 3 ODC Subtotal $350.00 Subtask 1.3 Subtotal $9,265.00 jSiitbta$kh1f"4;, •-Create action record: - Y; 'tr_ r w d: .i �,ri �aI c. M _ + s.,n�„. 'J Labor Level Rate Hours Billing Cost Chief Engineer L $150.00 $0.00 Managing Engineer/GeologisIlScientist K $130,011 1 $130,00 Supervising Engineer/Geologist/Scientist J $120.00 $0.00 Principal Engineer/Geologist/Scientist 1 $105.00 $0.00 Senior Engineer/Geologist/Scientist H $95.00 1 $95.00 Engineer/Geologlst/Scientist G $85.00 6 $510.00 Associate Engineer/Geologist/Scientist F $70.00 12 $840.00 Assistant Engineer/Geologist/Scientist E $55.00 $0.00 Sr. Technician/drafter E $55.00 $0.00 Administrative D $45.00 1 $45.00 Task 4 Labor Subtotal $1,620.00 Other Direct Costs kTask 1,. = 4 Summary.:. Task 4 ODC Subtotal $70.00 Subtask 1.4 Subtotal $1,690.00 Subtask 1.1 Subtotal $2,940.00 Subtask 1.2 Subtotal $1.935.00 Subtask 1.3 Subtotal $9,265.00 Subtask 1.4 Subtotaf $1,690.00 Task 1 Grand Total $15,830.00 Christine Drive Gas Anomaly GIS Brown grid Caldwell, Irvine Page 2 0 • ATTACHMENT 3 fay-07-2001 01:25pm From -BROWN A., DWELL 9494740940 . T-187 P.002/012 F-513 mnne, .m Tel. BEO.1070 Fea (040) 47a•0940 April 13, 2001 Chief Michael P. Dolder City of Huntington Beach Fire Department 2000 Main Street E..wnro ,meal Engemixwg a Cart:;uimg Huntington Beach, California 92648 12/91054-026.1 Subject: Revised Proposal for Envirou mental Engineering Services Christine Drive Gas Anomaly Project Deax Chief Dolder: In accordance with out recent discussions and in order to be responsive to verbal requests made by Jennifer McGrath of the Ciry's Attorney's Office on April l0, 2001, Brown and Caldwell is pleased to present this revised letter proposal to provide environmental engineering services in support of the Christine Drive Gas Anomaly Project. Should the City fmd this proposal acceptable, we understand that a new contract will be executed between Brawn and Caldwell and the City of Huntington Beach that incorporates both the substance of this technical proposal as well as appropriate contractual terns and conditions including the modifications set forth below, OBPECTIvE The Christine Drive Site, located in the City of Huntington Beach, has experienced historic problems with methane, hydrogen sulfide and other trace gas seepage from the subsurface. The objectives for this sct-pe of work ate to: • Develop an understanding of the site characteristics, with a focus on those characteristics controlling the distribution of the gases, • Identify data gaps than: need to be filled to further develop this understanding, • Provide assistance to the City in the evaluation of plans for future studies and/or engineering controls to augment the ongoing mitigation measures, • Provide as -needed assistance during the City's implementation of further field investigations and mitigation, and • provide as -needed consultation to the City's Project Manager for communicating project status and findings with the local community (Southeast Homeowners Association). Under a separate contract with the City, Brown and Caldwell has assembled the existing project data developed thins far by other consultants and by City personnel into a Graphical Information System (GIS) model. As you know, Brown and Caldwell has not performed any interpretation of these historical data at this time. 1':�VLP\+xof�oSu�9lasanza�nunonga.nb.acEU? d�c _ pc(102UP May-07-2001 01:25pm From -BROWN A0DWELL Chief Michael P. Dolder City of Huntington Beach Fire Departnwat Apra 13, 2001 Page 2 9494740040 e 7-187 P-003/012 F-513 Further explanation of the: components of this scope of work is provided in more detail below. Scon of WORK Task 1. Review Aerial Phonographs Objective: ■ DocxmewHirtostcal U'se/Can& on ofthe Chntthw DrimAr%;- The residential development in the vicinity of Christine Drive was reportedly constructed in the early 1960s. In previous assessments performed by others, it has been assumed that the development was constmeted over marshland. In order to document the prior condition of the area and perhaps gain insight for understanding the tnethane occurrence, Brown and Caldwell will review historical aerial photographs of the site with a focus on photographs oaken prior to sire development. In order to obtain a comprehensive net of photographs, several sources of aerial photographs will be reviewed such as the Fairchild collection at Whittier College, Rupp Aerial Photography, and UCLA. The photographs will be Examined to document features relevant to the area such as historical drainage courses, indications of industrial activity or other features that may contribute to the understanding of the source or distribution of the methane accumulations. A log of observations of each photograph will be compiled Copies of relevant photographs will be purchased to become part of the project file. A brief letter report prepared as part of Task h will document the overall findings of this review, and will include the observation log and copies of all relevant photographs. Task 2. Hydrogeologic Review obectives: ■ Detxlop a hydrogeologic model of the area. ■ Understand the relahonship between the hydrngeologp and the tnetliane ocewwnce. Brown and Caldwell will review the accumulated hydrogeologic data and methane occurrences to independently dewelop a hydrogeologic model of the subject area. The model will incorporate the existing data developed by Keith Tucker for the Southeast Homeowner's Association, Geoscience Analytical's site investigation results, and other records provided by the City in regards to this site. The goal is to utilize all of the existing data to develop as accurate an understanding as reasonably feasible of the shallow subsurface and to evaluate the control that strata may have on the distribution of the gases in the Christine Drive are:. For example, gas migration along the base of the clay might be expected. Therefore, mapping the elevation of the base of the clay mighr provide insight m migration pathways and accumulation points. It is assumed that prior to this review, the data will have been digitized and entered into the GIS system. P=1W'P\PROPDSAL;414S4.426\nunongconhezchZdoc-DCK 102269 may-07-2001 01:26pm From -BROWN AWDWELL Chief Michael P. Dolder City of Huntington Beach Fire Department April 13, 2001 Page 3 0494740940 0 T-107 P-004/012 F-513 Brown and Caldwell will also include in this review an analysis of the data in regards to the theory that the groundwaier levels rose in the area due to the installation of the sheet piling along Talbert and Huntington Reach Channels. Rased on our review of the hydrogeologic data described above, we will provide critical review of the Bing Yeti & Associates (BYA) March 1996 study regarding this issue (Talbert and Huntington Beach Channel Hydtogeologic Study). Deliverables relative, to this task, including identification of data gaps which must be &lied for a reasoned analysis, are included in Task 4. Task 3. Engineering Rz%riew o jeclives. Veri y accuracy o, f�remom repmsenidhans of ate con4 Show. ■ Assess effoc6vaxess ofexisdng m fgadon struchrraQs. ■ Establub kxowkdge base to erxrluate metigalyox enhancemex9r. Subsequent to the hydrogeologic evaluation, the relationship of the subsurface utility lines/trenches to the methane occurrences and hydrogeology will be examined. The interpretations presented by Keith Tucker for the Southeast Homeowner's Association and Geoscience Analytical in regards to the relationship between City utilities and the methane occurrence will be reviewed. Their presentations of the data will be compared to City - provided engineering drawings and the City -provided hydrogeologic data to check that their presentations accurately reflect the data and site conditions and for verification that the data support their interpretations. A part of this hydrogeologic and engineering evaluation will be to develop potential scenarios for the source of the methane and criteria by which these scenarios may be differentiated. An undetsianding of the ultimate source of the methane may help refine further mitigation and planning efforts. The most likely sources mentioned to date include degradation of natural or€;anic material entrained in sediments associated within an or$aruc- rich depositional environment upon which the development was built, a sewer leak, or gas migration from natural petroleum deposits. The existing site darn will be analyzed in light of these criteria, ro see if -a supportable interpretation can be made as to the possible/probable source of the methane. The design of the existing, ps mitigation control structures will also be subjected to a preliminary review at this time. Based on our very limited knowledge of the Site, Brown and Caldwell may be able to provide simple conceptual recommendations regarding possible future enhancements of the gas control/mitigation system. Deliverables relative to this task, including identification of data gaps which must be filled for a reasoned analysis, are included in Task 4. P_\WP%PROPOSAL\9I054.6261huntinReonb--cL".doe — OCM I=69 May-07-2001 01:26pm From -BROWN Alf DWELL 9494740040 40 T-187 P-006/012 F-513 Chief Michael P. Dolder City of Huntington Deach Fire Deparunent April 13. 2001 Page 4 Task 4. Report of Findings/Crap Analysis Objectives. - Present dacunrenr aian of emceptual mtwkl and enarlam ors descyibed ix Tasks 2 and 3. ■ Ident:.6 Data Gaps mwded to coufidenty xnderatand am and gas oa nvncer and plan future :cork. Brawn and Caldwell will provide a written report oud ning the results of the aerial photo review, hydrogeology and engineering reviews, and resulting analysis that was completed under Task 1 through 3. The report will outline key findings of Brown and Caldwell's independent review, and major areas of agreement or disagreement with interpretations presented by Keith Tucker, Geoscience Analytical, and Bing Yen and Associates. It is anticipated that in addition to a narrative description of the data reviewed and the conclusions reached, the report will include cross sections, several GIS maps, and possibly additional drawings to illustrate the site conditions based on the existing data. The underlying goal of further analysis at this time is to reach an understanding of the site conditions (the natural en%*orunrnt and currently installed engineering systems and structures) in order to plan future mitigation. It is probable that the existing data are not sufficient to provide conclusive answers to all of the outstanding questions such as the origin of the methane, factors controlling its distribution, and effective engineering controls or other means of mitigating the gas accumulation and migration. Therefore, this report will include identification of data gaps to be filled in order to better understand and plan future efforts, along with i-ecommendations of further work to gather the dara,. Task 5. Provide As -Needed Consulting in Evaluation of Future Site Work Objective: ■ Evaluate ff planwd work tear help achieve the stated objective. ■ Pmvide reconwwndasion r 6rchanges can add to usefulness ofdata. Cuxtendy, the City of Huntington Beach utilizes other contractors and consultants such as Geoscience Analytical to provide investigation and engineering design services for the Christine Drive Gas Anotnaly project. Can an as -needed basis, Brown and Caldwell will assist the City in evaluatnrg proposed scopes of work for future work proposed by other City contractors. We will evaluate the proposed work relative to the stated objective for that work, and provide as independent technical analysis of whether the work will help achieve the stated project objective, and support the overall approach m understanding and mitigation of this methane occurrence. We will provide written recommendations and suggest alternative approaches if appropriate. P:\I%P\PROPOSAL\9105+026\huncirWrnhendft4u--DCN r0A9 MaY-07-2001 01:26om From -BROWN A*DWELL 0404740040 • T-187 P.006/012 F-513 Chief Michael P. Dolder City of Huntington Beach Fire Department April 13, 2001 Page 5 Brown and CaldweU will bho assist the City's Project Manager who is overseeing the progress of this project with as -needed consulting support duzinng the implementation of studies and mitigation enhancements performed by others contractors selected by the City. While a cost far Task 5 cannot be provided at this time, our previous informal discussions with you in January and February 2001 suggest that the City should consider setting aside approximately 3100,000 as a reserve fund to draw upon for future engineering g services. The As -Needed Services provided by Brown and Caldwell under Task 5 are not included in this revised proposal, CONDENSATION, CoNT> r_T TERMS AND SCHEDULE We propose that compemation for services described under Tasks 1 through 4 above be on a time -and -expense basis, not to exceed $46,830.00 as summorig ed in the attached cost table. The labor rates that will be used for this project are based on Brown and Caldwell's calendar year 2001 billing schedule. These rates will be adjusted on an annual basis commencing in January of each calendar year. Some of the proposed services described above involve considerable uncertainty in the level of effort to satisfactorily complete the objectives, or involve as -needed services to be conducted at the request of the City, especially Task 5_ The costs allocated for each task are Brown and Caldwell's best estimate of the level of effort necessary to complete the task. As the tasks are implemented, we will notify the City when budget milestones of 50% and 75% are reached. At that time, additional budget may be necessary to continue the projecs or complete a specific task. Authorization by the City of additional funding to the contract must be done in a timely manner as not to stop the progress of the project, and we understand based on our meetings and discussions with you that such funding will be made quickly available where warranted to satisfy project objectives. If heading is not assured, we will terminate our work in an orderly fashion and invoice the City for services rendered. In conjunction with the revised approach to the scope of services, we have made an effort to soften our indemnification requirements both in response to the City Attorney's comments and in an effort to refine how we can provide important professional services to the City while addressing our risk management objectives. The three paragraphs below represent the following approach: ■ Brown and Caldwell'-- indemnification and defense of the City is based upon our proportionate fault (professional negligence). ■ Broom and Caldwell'-- liability to the City is limited to 5250,000. We will be responsible for our professional fault; however, we are not willing to be subject to unlimited liability. As it is, the 5250,000 limitation falls within Brown and Caldwell's self -insured retention and would come directly from our bottom line. P';Wi'\l'ROPOSAL\9{U3�t126\hunemg.onbsrch:•doc — DCN M-10 clay-07-2001 01:27pm From -BROWN A0DWELL 9494740940 T-187 P-007/012 F-513 Chief Michael P. Dolder City of Huntington BeaclL Fire Department April 13, 2001 Page G ■ Inckmrrihcarian and defense by the City to Brown and Caldwell for third party claims arising from pre-existing conditions. (The exception is claims by third parries that anise out of Brown and Caldwell's sole negligence or willful misconduct.) Lawsuits from homeowners are of pktdcular concern to us. [Nam: We do not know whether the City tharier allowa for firth indemnification, and at m1d appreciate advice from the CrtyAttanrey to confirm the City bar appropna& authority to commit to such a pmmion.] The specific text requested for the Hold Harmless provision (Section 8) is: Indemnification of the City Consultanr agrees to indem ify, defend and hold City harmless from and against liability to the extent caused by the negligent acts, =ors or omissions of Consultant, its subcontractors, agents, eolployees, or representatives in the performance of Consultant's duties under this Agreement. Such negligence shall be measured by standards in effect at the time services are rendered, not by laser standards. Limitation of Liability City agrees, that to the fullest extent permitted by law, Consultant's total liability to City is limited to $250,000 for any and all claims, damages, losses of expenses (including attorney's fees) arising in any way ont of the professional services provided under this Agreement. regardless of the legal theory under which such liability is imposed: Indemnification by City for Pre-existing Conditions City acknowledges that Consultant will perform part of the work at locations that may contain hazardous materL s or pollution conditions ("Preexisting Pollution Conditions'), and that Consultant had no prior role in the generation, treatment, storage, investigation or disposition of such materials. in consideration of the associated risks that may give rise to claims by third parties or employees of City, City agrees to indemnify, defend, glad hold Consultant harmless (including attorneys' fees and other legal expenses) from any and all losses, damages, claims, or actions brought by any third party or employee of City against Consultant or Consultant's employees, agents, officers or directors that result from or are attributable to such Preexisting Pollution Conditions. City's responsibility under this provision, however, shall not apply to the extent claims are shown by final judgment to arise out of Consultant's sole negligence or Consultant's willful misconduct." Once resolution to the contract language has been made and a signed contract has been executed between the City and Brown and Caldwell, we are prepared to begin work within 10 worldng days. P:\)X'P\PROPOSAY.tn054-=\,humungtimhr4ch2d6c - DCN 102260 14ay-07-2001 01:27pm From -BROWN A'sDWELL Chief Michael P. Dolder City of Huntington Be26 Fire Department April 13, 2001 Page 7 9494740040 0 T-187 P-008/012 F-513 We look forward to worldng for you and to help the City of Huntington Beach meet the objectives of this project. Very truly yours, BROWN AND CALDWELL, a California Corporation ATA) 6�1 Voytek Bajsarowicx Vice President Attachments: Cost Estimate 2001 Billing Rate Schedule THE CITY OF HUNTINGTON BEACH Signature Printed Name Tide Date cc: Marc Damikolas, Project Engineer Linda Conlan, R.C., Principal Geologist !';\\AROPOSAL\9105aG:6\Iwnengs�rhe�ei��dx — A04 102260 May-07-2001 01:28pm From -BROWN AV DWELL 9494740940 � T-187 P.009/012 F-513 City of Huntington Beach Christine Drive Gas Anomaly Cost Estimate Rev 1. {April 13, 2001) Task 1 Review Aerial Photographs Assumptions: Review aerial photographs from up to three sources Purchase 5 representative photographs Labor Levu Rate Hours Billing Cost Chief Engineer L $175.00 $0.00 Executive Engineer (PIC) L $175.00 2 $350.00 Supervising Engineer/GeologistiScientist j $144.00 $0.00 Principal EngineedGeologlst/Scientist 1 $138.00 8 $1,104.00 Senior Engineer/GeologistlSelendst M $121.00 $M0 Enginee r/Gealogist/Scientlst C1 $106.00 $0.00 Associate Engineer/GeelogisUSGerltist F $90.00 32 $2,880.00 Assistant EngineedGeologist/Scierllist E: $75.00 $0.00 Sr. Technician/drafter/Database E: $76.00 4 $.300.00 Administrative ri $"Ao 2 S128.00 Task i Labor Subtotal $4, 782.00 Outer Direct Costs Task 7 ODC Subtotal 5650100 Tack 1 Subtotal $5,412.00 Task 2 HYdrogeologlc Review Assumptions: Data previously incorporated into GIS All relevant data provided by City Generation of Gross -sections, maps, etc. Labor Level Rslte Hours Billing Cost Chief Engines r/Hydorgaologist L $175.00 4 $700.00 Executive Engineer (PIC) L- $175.00 2 $350.00 Supervising Engineer/Geologist/Scientist J $144.00 32 $4.608.00 Principal Engineer/Geologist/Scientist 1 $138.00 8 $1,104.00 Senior EngineerlGeologist/Scientist h1 $121.00 $0.00 Engineer/GeologistlSciendst C; $106.00 $0.00 Associate Engineer/GeologisdScientist F" $00.00 32 $2,880.00 Assistant Engineer/GoologistiScientist E' $75.00 24 S1.800100 Sr. TechnicianiCrafter/Database E: $75.00 a $600.00 Administrative 1; $64.00 2 $129.00 Task 2 Labor Subtotal $12,170.00 Other Direct Costs Tack 2 CDC Sumotal $1,180.00 Took 2 Subtotal $13,250.00 Chniune onw Gas Anomaly Coif Emroete Smoon sM CNCweu, iron. CA Papa 1 flay-07-2001 01:28pm From -BROWN A0DWELL 9404740940 � T-187 P.010/012 F-513 Taalc 3 Enp roaring Ravlaw Assumptions: Data previously incorporated into GIS All relevant data provided by City Travel Costs included Labor Level Rate Hours Billing Cost Chlef Engineer L $175,00 16 $2,800.00 Executive Engineer (PIC) L $175.00 2 $350.00 Supervising Engineer/Geologist/Scientist 1 $144.00 $0.00 Principal Engineer/Geolagist/Scientist 1 $138.00 16 $2,208.00 SeniorEnglneer/Geologist/Scientist h $121.00 .$0.00 EnglneedGeologist/Scientist G $106.130 50 $6,360.00 Associate Engineer/Gedlogist/Sctentist F $9D.00 $0.00 Assistant Engineer/Geologist/Scientist E $75.00 $0.00 Sr. TechnicianldraftarMstabose E $75.00 4 $300.00 Administrative D S64.00 2 $128.00 T6sk 3 labor Subtotal $i$146.00 Other Direct Costs Task GDC Subtotal $1,250.00 Task 3 Subtotal $13,396.00 ask 4 Report of Findings/Gap Analysis Assumptions: Spiral bound report up to 20 pages Up to 6 maps and drawings Up to 5 draft reports Up to 5 flnal reports Labor Level Rate Hours pilling Cost Ghlef EngineerMydrogealog ist L. $175.00 10 i1,750.00 Executive Engineer (PIC) L. $175.00 2 $350.00 Supervising Engineer/Geologist/Scientist J $144.00 $0.00 Principal Engineer/Geologist/Scientist 1 $138.00 40 $5,520.00 Senior EngineedGeologistlSciantisl M $121.00 $0.00 Engineer/Geoftist/Scientist G $106.00 40 $4,240.00 Associate Engineer/Geotogist/Sciantist V $90.00 $0.00 Assistant EnginsedGeologistlScientist Ei $75.00 $0.00 Sr. Technician►cimfter/Database E? $75.00 12 $900-00 Administrative GI $64.00 6 $612.00 Task 4 Labor Subtotal S13,272.00 Other Airect Costs Task 4 DAC Subtotal $1, 400. 00 Task 4 Subtotal $14,67100 TOTAL $46,830.00 Christine DrW Gas Anomaly Cost Ea nail Brown afM CAMW611, IM M. CA Pape 2 May-07-2001 01:28pm From -BROWN AVDWELL FY 2041 0404740940 T-187 P.011/012 F-513 Schedule of Hourly Billing Rates 1XVel Engineering Technical/Scientific Adiministrative F-W Level A Clerk 1, Officeworker 1 37 Level B Assistant field Service Technician Clerk A 46 Compurer Drafting Plotter Operator Officeworker 11 Data Entry Clark Project Assimm Drafter Trainee Receptionist I Student Tr ainee I Word Processor I Level C Asriatant Drafter Clerk III 57 Asricrutt Mustrator Editor\Coordinator Assistant Scientist Librarian I Associate field Service Tech, Off nsworker M Computer Drafting Operator Trainee Senior Project Assistant Student Trainee II Records Management Assit. Secretary I Receptionist II Telephone Operator Word Processor II Level D Fngineering Aide Telecommunications Coord, I Accountant I 64 Inspection Aide Associate 'denture Senior Accounting Clerk Assistant Engineering Tech. human Resources Analyst I)rafter Senior Clerk Computer Draftiag Operator Assistant Technical Writer Illustrator Librarian 1I Fuld Service Technician Supervisor, Mailroom Facaities Supervisor, Reproduction Srve. Marketing Coordinator Project Coordinator I Secretary lI Receprionist III Supervisor, Switchboard Word Procasor III Level E Atsisrant Engineer Computer Proe -- nuncir Accountant 11 75 Assistant Inspector Telecommunications Coordinator Supervisor, Accourning Am. Geologisr/Hydrogeologisr Administrative Coordinator Seiendst I San. Human Resources Analyst Assistant Dtsignar Human Resource Administrator I Associate Engineering Tech, Benefits Admirtisrrator I Senior Drafter Associate Technical Writer Computer Drafting Senior Operator Community Relations Assi4tant Senior Illustrator Legal Assistant I Senior Fieid Service Technician Librarian III Senior Marketing Coordinator Project Coordinator 11 Executive Secretary I Executive Assistant I Word Processor IV Supervisor Word Protesting, Level F Associate Engineer Compuuer Program.-mr/A aly;t Accountant 111 90 Associate Inspector Assoc. GealogiWHydrogeologist Administruivo Supervisor Scientist I] Human Resources Representative Designer Area Business Operations Mgr. I Engineering Technician Technical Writer Lead Drafter Legs! Assistant 11 Computer Drafting lead Operator Contracts Administrator Lead Illud rator Supervisor, Library Services Senior Technical Coordinator Analyst Supervisor, Office Services Businan Development Coordimtor Senior Project Coordinator ixecutive Secreayry II Vxecu4ve Assistant IT Inlay-07-2001 01:28PM From -BROWN A DWELL 9494740940 T-187 P.012/012 F-513 FY 20010 Schedule of Hourly Billing Rates Level G $ngineer Computer Systems Analyst Senior Corporate Accountant 106 Iaspmor Inuanet/rr.tcruet Support Coord. Manager, Accounting Computer Application Supporr Coord. Administrative Manager Caeolcgise/Hydrogeolo& Area Business Operations Mgr.11 Scientist M Senior Technical Writer 5�tniar Dm4rmr g 5uppors Manager Senior Engineering Technician Supervising Drafter Computer Drafter Supervising Qpert. Supervising 111ustrwor Gr hic Dcsigmr Level H Senior Engineer Manager, Compuur Services Regional Administrative Mgr. 121 Sr. Construction EngJlnspcctor Reg. Infor Srvs. & Suppt. Magr. Area Su4ness Operations Mgr. M Senior GeulogisdHydrogeolo& Communications Manager Senior Scientist Marketing Manager Principal Designer Chief Drd'Ter Level I Principal Engineer IS Project Manager Product Manager 136 Principal Cam. EnsAnspector Principal liealogist/Flydrogeolo& Regional Sus. Devlpmt. Coord. pe;rtcipal 5cientisr Supervising Designer Manager, Com user Draltirt Level j Supervising Engineer Notwork:iad Computer Support Mgr. Corporate health and Safety Dirm. 144 Supervising Scientist Markerirtg Communications M&r. Supervising Geologist/ Business Development Mgr. Hydrogeologist Central Proposal Group Mgr. Chief Designer Level K Managiag Engineer Maaagvr, lnformatian Systems Conwal6r 159 Managing Scientist Level L Executive Engineer Manager, Information Services Manager, Human Resources 175 ChieiEngiaeer Director, irdormsaion Technology Markettug Director Chief Geclo ist/H •drogeolagist Level M Executive 'A.Q. Note: Hour y age rate ranges are revise annua y to reflect chartges in actual pay rates. Effective December 30, 2000 to December 29, 2001 1* 0 ATTACHMENT 4 l 2 3 4 5 6 7 0 9 10 l| 12 13 14 15 16 17 is 19 20 21 2] 23 24 25 26 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OFB[NTlNGTONBEACH AND BRO\VN & CALDWELL T{}PROVIDE ENVIRONMENTAL ENGINEERING SERVICES IN SUPPORT OF THE CBRIS7INEDR[VE GAS ANOMALY PROJECT Table ofContents Scope of Sen/ices---------------------------------.J DesignatedContacts ................................................................................................. 6 Time nfPcrf)rouanco............................................................................................... 7 Compensation.......................................................................................................... 7 ExtraWork ............................................................................................................... 7 MethodofPayment .................................................................................................. 8 Disposition mfPlans, Estimates and Other Documents ........................................... 9 HoldHarmless ......................................................................................................... l0 Workers' Compensation Insurance ............................................................................ }O General Liability Insurance --------------....^.----------ll Professional Liability Insurance .............................................................................. |2 Certificates wfInsurance .......................................................................................... |2 Independent Cnutrucbxr------------------------------.]3 7crnnioadnonf Agreement....................................................................................... |3 Assignment and --------------------------l4 Copyrights/Patents ---------------------------------.l4 City Employeesand Officials .................................................................................. 14 Notices..................................................................................................................... \4 Mod] Ocoliom/............................................................................................................. l5 Section Headings ----------------------------------l5 Interpretation of Agreement..................................................................................... l5 DuplicateOriginal .................................................................................................... l6 Immigration.............................................................................................................. l6 Legal Services Subcontracting ................................................................................. l6 Fees......................................................................................................... l7 Entirety .-----------------------..-------------.l7 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTOI\ BEACH AND BROWN & CALDWELL TO PROVIDE ENVIRO'NMENTAL ENGINEERING SERVICES IN SUPPORT OF THE CHRISTINE DRIVE GAS ANOMALY PROJECT THIS Agreement is made and entered into this 21st day of 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BROtiVN & CALDWELL, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide environmental engineering services in support of the Christine Drive Gas Anomaly Project; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts -have been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPE OF SERVICES Task 1. Review Aerial Photographs. Objective: Document historical use/condition of the Christine Drive area. The residential development in the vicinity of Christine Drive was reportedly constructed in the early 1960s. In previous assessments performed by others, it has been assumed that the development was constructed over marshland. In order to document the prior condition of the area and perhaps gain insight for understanding the methane occurrence, CONSULTANT will review historical aerial photographs of the site with a focus on photographs taken prior to site development. In order to obtain a comprehensive set of photographs, several 01agree h-own&caldwell RIS 900: -00-9: ,;1 01 sources of aerial photographs will be reviewed such as the Fairchild collection at Whittier College, Rupp Aerial Photographs, and UCLA. The photographs will be examined to document features relevant to the area such as historical drainage courses, indications of industrial activity or other features that may contribute to the understanding of the source or distribution of the methane accumulations. A log of observations of each photograph will be compiled. Copies of relevant photographs will be purchased to become part of the project file. A brief letter report will document the overall findings of this review, and will include the observation log and copies of all relevant photographs. Task l will be completed within 30 days from the date of the approval of this Agreement by CITY. Task 2. HydrogeoloQic Review. Objectives: ■ Develop a hydrogeologic model of the area. ■ Understand the relationship between the hydrogeology and the methane occurrence. CONSULTANT will review the accumulated hydrogeologic data and methane occurrences to independently develop a hydrogeologic model of the subject area. The model will incorporate the existing data developed by Keith Tucker for the Southeast Homeowner's Association, Geoscience Analytical's site investigation results, and other records provided by the Citv in regards to this site. The goal is to utilize all of the existing data to develop as accurate an understanding as feasible of the shallow subsurface and to evaluate the control that strata may have on the distribution of the gasses in the Christine Drive area. 01 agree:hrown&talc%%ell RLS 9001 -0045' Hof CONSULTANT will also include in this review an analysis of the data in regards to the postulation that the groundwater levels rose in the area due to the installation of the sheet piling along Talbert and Huntington Beach Channels, including critical review of the Bing Yen & Associates ("BYA") March 1996 study regarding this issue (Talbert and Huntington Beach Channel Hydrogeologic Study). Deliverables relative to this task, including identification of data gaps necessary for a reasoned analysis, are included in Task 4. Task 3. Engineering Review. Objectives: ■ Verify accuracy of previous representations of site conditions. ■ Assess effectiveness of existing mitigation structures. ■ Establish knowledge base to evaluate mitigation enhancements. Subsequent to the hydrogeologic evaluation, the relationship of the subsurface utility lines/trenches to the methane occurrences and hydrogeology will be examined. The interpretations presented by Keith Tucker for the Southeast Homeowner's Association and Geoscience Analytical in regards to the relationship between City utilities and the methane occurrence will be reviewed. Their presentations of the data will be compared to CITY provided engineering drawings and the CITY provided hydrogeologic data to check that their presentations accurately reflect the data and site conditions and for verification that the data support their interpretations. A part of this hydrogeologic and engineering evaluation will be to develop potential scenarios for the source of the methane and criteria by which these scenarios may be differentiated. An understanding of the ultimate source of the methane may help refine further 01 a@reelhrown&caldwell KIS 9001-0049'5/1/01 mitigation and planning efforts. The most likely sources mentioned to date include degradation of natural organic material entrained in sediments associated within an organic -rich depositional environment upon which the development was built, a sewer leak, or gas migration from natural petroleum deposits. The existing site data will be analyzed in light of these criteria to see if a supportable interpretation can be made as to the possible/probable source of the methane. The design of the existing gas mitigation control structures will also be subjected to a preliminary review as part of this task. CONSULTANT will provide conceptual recommendations regarding possible future enhancements of the gas control/mitigation system. Deliverables relative to this task, including identification of data gaps necessary for a reasoned analysis, are included in Task 4. Task 4. Report of Findings/Gap Analysis Objectives: ■ Present documentation of conceptual model and evaluations described in Tasks 2 and 3. ■ Identify Data Gaps needed to confidently understand site and gas occurrences and plan future work. CONSULTANT will provide a written report outlining the results of the hydrogeology and engineering reviews and analysis. The report will outline key findings of CONSULTANT'S independent review, and major areas of agreement or disagreement with interpretations presented by Keith Tucker, Geoscience Analytical, and Bing Yen and Associates. In addition to a narrative description of the data reviewed and the conclusions reached, the report will include cross sections, several GIS maps, and additional drawings to illustrate the site conditions in a clear and understandable way. 4 D 1 auree:hrown&ca:dwelI K i_s gan l -oo4 . s: o l • • The underlying goal of further analysis at this time is to reach an understanding of the site conditions (the natural environment and engineering structures) in order to confidently plan future mitigation based on solid scientific and engineering principles. It is possible that the existing data are not sufficient to provide conclusive answers to all of the outstanding questions such as the origin of the methane, factors controlling its distribution, and effective engineering controls or other means of mitigating the gas accumulation and migration. Therefore, this report will include identification of data gaps necessary or desirable to better understand and plan future efforts, along with recommendations of further work to secure the data. Task 4 will be completed within 120 days from the date of the approval of this Agreement by CITY. Task 5. Provide As -Needed Consulting in Evaluation of Future Site Work Objectives: ■ Evaluate if planned work can help achieve the stated objective. ■ Provide recommendations if changes can add to usefulness of data. Currently, the City of Huntington Beach utilizes other contractors such as Geoscience Analytical to provide investigation and engineering design services for the Christine Drive Gas Anomaly project. On an as -needed basis, CONSULTANT will assist the CITY in evaluating proposed scopes of work for future work proposed by other CITY contractors. CONSULTANT will evaluate the proposed work relative to the stated objective for that work, and provide an independent analysis of if the work will help achieve the stated project objective, and support the overall approach to understanding and mitigation of this methane occurrence. CONSULTANT will provide written recommendations and suggest alternative approaches if appropriate. 01 agree: hro n&caldwell RLS 9001-0049 511 "01 0 • CITY. Task 5 will be completed within 180 days from the approval of this Agreement by 2. DESIGNATED CONTACTS CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. CONSULTANT hereby designates Linda Conlan, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 3. TI_ME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all Tasks specified in Section 1 shall be completed no later than six (6) months from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the Tasks are set forth in Section 1 herein This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein under Tasks I through 4, CITY agrees to pay CONSULTANT on a time and materials basis at the rates identified on the fee schedule attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, a fee not to exceed Forty -Six Thousand Eight Hundred Thirty and no/100 Dollars (S46,830.00). 5. EXTRA WORK In the event CITY requires additional services not included in Section 1, or changes in the scope of services described in Section 1, CONSULTANT will undertake such 6 01 agrcc.hro%n&ca:dwoll RIS 9001-0049 i 1r0I • 0 work only 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. 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments -toward the not to exceed time and materials fee set forth herein in accordance with the progress and payment schedules set forth in Section 1. B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to 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 product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. 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 CONSL:LTANT'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. 7 01 agrew-brow n&cald we I I RLS 9001-0049.511 i01 • • Upon submission of any such invoice, if CITY is satisfied that CONSULTANT 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 within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT 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 Section 1 shall be suspended until the parties agree that past performance by CONSULTANT 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 CITY shall be invoiced separately to 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 the 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 perfonnance of the remainder of this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters 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 the PROJECT or as it 8 01 agree.'broµn&caldw•ell RLS 9001.0049.' lli01 0 • otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. HOLD HARMLESS A. Indemnification of City CONSULTANT agrees to indemnify, defend and hold CITY harmless from and against liability to the extent caused by the sole negligent acts, errors or omission of CONSULTANT, its subcontractors, agents, employees, or representatives in the performance of CONSULTANT's duties under this Agreement. Such negligence shall be measured by standards in effect at the time services are rendered, not by later standards. B. Limitation of Liability CITY agrees, that to the fullest extent permitted by law, CONSULTANT's total liability to CITY is limited to the amount CONSULTANT's fees for any and all claims, damages, losses or expenses (including attorneys fees) arising in any way out of the professional services provided under this Agreement, regardless of the legal theory under which such liability is imposed. C. Indemnification by City for Preexisting Condition CITY acknowledges CONSULTANT will perform part of the work at locations that may contain hazardous materials or pollution conditions ("Preexisting Pollution Conditions"), and that CONSULTANT had no 9 01 agree/bmwn&caldwel l RLS 9001-0049!5! I /01 prior role in the generation, treatment, storage, investigation or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY agrees to indemnify, defend, and hold CONSULTANT harmless (including attorneys' fees and other legal expenses) from any and all losses, damages, claims, or actions brought by any third party or employee of CITY against CONSULTANT or CONSULTANT's employees, agents, officers or directors that result from or are attributable to such Preexisting Pollution Conditions. CITY's responsibility under this provision, however, shall not apply to the extent claims are shown by final judgment to arise out of CONSULTANT's sole negligence or CONSULTANT's willful misconduct. 9. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the 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 CONSULTANT under this Agreement. 10 01 agreobrown&c aldwel l KLS 9001-00-9 51 110 1 CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 10. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form that includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 11 01 agreelbrown&caldwett RLs 9001-004W511 01 Under no circumstances shall the above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 11. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's 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: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements); and B. CONSULTANT shall notify CITY of any reporting of circumstances or incidents that might give rise to future claims. CONSULTANT 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. If insurance is terminated for any reason, CONSULTANT 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. 12. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 12 01 agree/broti4n&caldµdl RLS 9001-0049.!511 /01 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT. 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 CONSULTANT 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. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 13. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of the CITY. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and otherpayroll deductions for CONSULTANT and its officers; agents.and employees and all business licenses, if any, in connection with the services to be performed hereunder. 14. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without 13 01 agree/brcmn&ealdK ell R1.S 9001-0049r5/li01 cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of the CITY, become its property and shall be delivered to it by CONSULTANT. 15. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 16. COPYRIGHTSIPATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 17. CITY EMPLOYEES AND OFFICIALS CONSULTANT 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. 18. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in -Section 1 hereinabove) 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 Service, addressed as follows: 14 01 agree!hrown&caldwell RLS 9001-00-915/U01 TO CITY: Fire Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 19. MODIFICATION TO CONSULTANT: Linda Conlan Brown & Caldwell 16735 Von Kanman, Suite 200 Irvine, CA 92606 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. SECTION HEADINGS The titles, captions, section, paragraph, subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect -the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here... As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as 15 0:agreerb-o«: &caldti+ell RLS 9001-O049 91li0I • E to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 22. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 23. IMMIGRATION CONSULTANT 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 Corle regarding employment verification. 24. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 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 CONSULTANT. 16 01 agreerbrown&ca ld we I I RI.S 9001-004915l1l01 25. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 26. E\ TIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing sets forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he executed by and through their authorized offices the day, month and year first above written. CONSULTANT BROW-N & CALDWELL, a California corporation By: p �� � R +JI print name ITS: (circle ogre) Chairman�'Pre ' t..'ice Pres1 e AND By: q� print name ITS: (circle oire) Greta hicf Financial OfficerAsst. Secretary — Treasurer REVIEWED AND APPROVED: Cit Administrator CITY OF HLN- TINGTON BEACH, a municipal corporation of the State of California Mayor Pro Tem, ATTEST: City -Clerk d5 23—of APPROVED'AS TO FORM: City Attorney 5ITIATEDAND p to O P VED. 5I� Fire Chief ()-Q�JD j 17 O 1 a eree brown&c aldwe:1 ALS 900 i-0049`5' 1 01 EXHIBIT A Apr-23-2001 M 3Bpm from -BROWN A LOWELL 9494740040 T-096 P.008/009 F-413 City of ;Huntington 13each Christine Drive Gas Anomaly Cost Estimate Rev 1. (April 1S, 2001) Task 4 Review Aerial Photogra hs Assumptions: Review aerial photographs from up to three sources Purchase 5 representative photographs Labor Level/ Rate Hours B1111ng cost Chief Engineer L 1175.00 $0.00 Executive Engineer (PIC) L $175,00 2 $350.00 Supervising Engiricar/Geoi"Ist/Sciartist j $144.00 $0.00 Priacipat Engineer/GeolagiatlScientist 1 $138.00 a $1,104.00 Senior Engineer/Geologist/Sclentist 11 $121.00 $0.00 Engineer/GeologiStlSrientist G3 $106.00 $0.00 Assoua16 Engineer/Geologist/Scientlst r $80.D0 32 52,880,0D Assistant EngitteerlGeologistl8raetttlst 11 $75.00 $100 Sr. Techniciawdrafted0atabase 11 $75.00 4 $30040 Administrative 1) $64.00 2 $128.00 Task 1 Labor Subtotal $4, 76P.00 Other Direct Costs Task 100C Subtotal $650.00 Task i Subtotal $SA12.00 Task 2 HgdrvJ) ogic I;evlaN Assumptions: Data previously incorporated into CIS All relovant data provided by City Generation of Crass4ections, maps. ate Labor Laval Rate Hours Bilfing Cost Chief 5ngineer/Hyclor$eo4ist L $175.00 4 $700.00 Executive Enginebr (PIC) L $175.00 2 $350.00 Supervising Engineer/Geologist/Scientist 1 $144.00 32 $4,608.00 Principal Enginoor/Geol4st(Scientist I $1381D0 B $1,104.00 Senior EnginearlGeotog)at/Scientist H $121.00 $0.0D t;nglneer/GealpgiStiScientl5t G $106.00 $0.00 Assoctate En&eer/Gaologist/Scientist F $00,00 32 $2,880,00 Assistant Engineer/Geol4rt/Scienti3t E= $75,00 24 51,15D0.00 Sr. Techniclanrdrafter/Databo3e E $75.00 a $800.00 Adminlstrative D $64.00 2 $128.00 Task 2 Labor 5ubtotaf S12,170.po Other Direct Costs Task 2 ODC Subrotat $1,180.00 Task 2 Subtotal $13,350.00 Chnauna nnva raa AnomgV Cuet Estlm410 Brown and Caldwell, trvtna, CA Pagg 'r k,r-25-2001 04:36pm From -BROWN AN.DWELL 9494740940 • T-096 P.009/009 F-413 Task 7 Engineering Review Assumptions: Data previously Incorporated into GIS All relevant data provided by CRY Travel Costs included Labor L.eva! Rate Hogs Billing Cost Chief Engineer L $175.00 16 $2,800.00 Executive Engineer (PIC) L $175.00 2 $360.00 Supervising Engineer/GeologiaVScientiat 1 $144.00 $0.00 Principal Engineer/GoologistlSoientist i $i38.D0 16 $2,208.00 Senior EnglneerlGeoioglsVScientist 11 $121.00 $0.00 Eng1neer/GaoiogWV3Cienbs1 is $106.00 60 $0.350.00 Associate Engineer/Geologist/Scianlist 1= $90.00 $0.00 Assistant Engineer/GeologOScientisi 1: $75.00 30.00 Sr. Technician/drafter/Database F $75.00 4 $300.00 Administrative D $64.00 2 $129.00 Task 3 Labor Subtotal S12.148.00 Other Direct Costs Task 3 ODC Subtotal $1,250.00 Task 3 Subtotal $13,396.00 dsk 4 Report -of IFlntiir-t9wd p Ana sis Assumptions: Spiral bound report up to 20 pages Up to 6 maps and drawings Up to 5 draft reports Up to 5 final reports Labor Level Rate Hours Billing Cost Chief Enginaerftiydrageologist L $175.00 10 $1,750.00 Executive Engineer (PIC) L $175.00 2 5350.00 Supervising EngineerdG801ogistfStxentist d $144.00 $0.00 Principal Enginoer/Geologist/Scientist I $138.00 40 $5,520.00 Senior EnsineorlGeologistlSclentist N Si21.00 $0.00 Engineer/Geologist/Sclentist C+ $106.00 40 $4,240.00 Associate EngineerlOootogistlScientist F $90.00 $0,00 Assistant Engineer/Geologist/Scientist E 575.00 $0.00 Sr. Technician/drafteriDatabaw E $75,00 12 S800.00 Administrative D $64.00 a $512.00 Task 4 Labor Subtotal $13,272.00 Other Direct Costs Task 4 ODC Subtotal $1,400.00 Task 4 Subtotal $14,672.00 TOTAL $46,830.00 Chrta6rw Drive G4s Anomajy Cost esonwe efOwn and C41dwaS. IMnO, CA Pape 2 A TTACHMENT 5 • CITY OF HUNTINGTON BEACH• APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member: Fire Department 2. Date of Request: April 10, 2001 3. Name of Contractor/Permitee: Brown & Caldwell 4. Description of work to be performed: Environmental engineering services in support of the Christine Drive Anomaly Project. 5. Value of Contract: $40,750.00 6. Length of Contract: Six (6) months 7. Type of Insurance Waiver or Modification Requested: To modify Section 8 Indemnification. (See Attached.) (a) Limits: (b) Coverage 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? Yes 9. Reason for Request for Waiver or Reduction of Limits: 10. Identify the risks to the City if this request for waiver or modifications granted: Brown and Caldwell has revised Section 8 to shift liability from sole and concurrent negligent liability to the City (2Id review by Settlement Committee). Department Head Signature ate M-1 l-C) I (This section to be comp ted by Risk Manager Recommendation: Approve Deny: Risk Manager's Signature/Date (This section to be c mpleted by Risk Manager Recommendation: Appr D�eny: City Attorney's Signature/Date 1 1 Settlement Committee approv I [is] [i t] required for this waiver. If Settlement Committee approval is required, submit this form to City ne 's Office to be placed on the agenda. Recommendation: Approve: L.:— Deny City Council appro al [is] I ] required for this waiver. If City Council approval is required, attach this form to the RCA a side tion by the Settlement Committee. This insurance waiver [is not] on City Council agenda. i Reviewer's initials: FuBarbararins Wanner • 0 4. 5. CITY OF HUNTiNGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION Name/Title/Department of Requesting Staff Member Fire Degax tment Date of Request March 23, 2001 Name of Contractor/Permittee — Brown & Caldwell Description of work to be performed_ Environmental engineerin services in support of the Christine Drive Anomaly Project. Value of Contract $40, 750.00 Length of Contract Six (6) months Type of Insurance Waiver or Modification Requested: To waive Section $ Indemnification. (See Attached.) (a) Limits: (b) Coverage Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? Yes 9. Reason for Request for Waiver or Reduction of Limits 10. Identify the risks to the City if this request for waiver or modifications granted City will be required to show negligence -on the part of Brown & Caldwell and not conversely. The alternative is to do nothing and be held liable for health and safety issues which ma�a from prior fiite changes and modifications conduted DepartmentHte�cf n t to (This section to be completed by Risk Manager) Recommendation: Approve De Risk Manager's Signature/Date EJJ I 1 (This section to be completed by City Attorney) Recommendation: Approve Den City Attorney's Signature/Date I I I Settlement Committee approv [is�is not] required for this waiver. If Settlement Committee approval is required, submit this form to 9-yit,1he Office to be placed on the agenda. Recommendation: Approve,�Deny City Council appronot] required for this waiver. If City Council approval is required, attach this form to the RCA after consider Settlement Committee. This insurance waiver [is not] on City Council agenda. Reviewer's initial : j mplmislinswaiver1311000 Certificate of Insurance of L ANIZ8033 Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF j Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 10 California Street NOT AMEND, EXTEND OR ALTER THE COVERAGE Redwood City, CA 44063-1513 AFFORDED THE POLICIES LISTED BELOW. Insureds Name and Address: Brown and Caldwell cn*i 201 North Civic Drive, Suite 115 'I I Walnut Creek, CA 94596 UR A. Greenwich Insurance Cc a.X L Specialty Insurance C. D. E. COVERAQES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERiOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY rt:H 1 AIN. I mt'IYSL;HANL;t A"UHUtU t3T I Ht rULX;1t5Utst.mletU mtHttN IS SUt1Jkt, I IU ALL I Hit TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE A GENERAL LIABILITY G130000166201 03/26/01 03/26/02 C Comme cial General Liability ❑ Claims Made ® Occurrence ❑ Owner's and Contractors Protective 10 A AUTO LIAB'LITY d Any Automob'ie AW000166301 03/26/01 03/26/02 �All Owned Autos ❑ Scheduled Autos 'x Hired Autos�"HMt ill o - Non -owned Autos ❑ Garage Liability tT t. EXCESS LIABILITY ' ❑ Umbrella Form ❑ Other than Umbrella Form ap WORKERS' WE 00166601 03/26/01 03/26/02 COMPENSATION AND EMPLOYER'S 'LIABILITY i Al PROFESSIONAL pEC0000005 01/01/00 05/31/02 LIABILITY' Arvu Uut%ui uUna ur auun rULw,ca- POLICY LIMITS General Aggregate: S2,000,000 Products-CornMps Aggregate: $1,000,000 Personal and Adv. Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Dmg. (anyone fIre): $1,000,000 Combined Single Limit: $1,000,000 Bodily injury/person, S0 Bodily Injury/accident: SO Property Damage: SO Each Occurrence: Aggregate: Statutory Limits Each Accident: $1.000,000 Disease/Policy Urrit: 3I,00,000 Dlsease/Employee: $1,000,000 Per Clam $1,000.000 A0 regale $1,000.000 SO Description of Operations/LocationsNehicles/Restrictions/Special items: ALL OPERATIONS OF THE NAMED INSURED, INCLUDING CONTRACT FOR PROFESSIONAL SERVICES. GENERAL AND AUTO LIABILITY ONLY: CITY OF HUNTINGTON BEACH, ITS AGENTS, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE NAMED INSUREDS' OPERATIONS IN CONTRACT FOR PROFESSIONAL SERVICES; SUCH COVERAGE IS PRIMARY AS RESPECTS ANY INSURANCE CARRIED BY {See Artacned Descriptions) -vlrrmen at agaregate limits oil uaniuy not less tnan amount snown. Certificate Holder: THE AODREGATE LIMIT is THE TOTAL INSURANCE AVALLA13LE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. City of Huntington Beach CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXP•RATION Development and PetroChem P DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 90 2000 Main Street, DAYS WP:TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Huntington Beach, CA 92648 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WilICH CASE 10 DAYS NOTICE WILL BE GIVEN. AulhodZed Repreaentative: _ 03/22/01 ee: RCA ROUTING SHEET INITIATING DEPARTMENT: FIRE SUBJECT: Authorize Appropriation and Approve Brown and Caldwell Agreement to Perform Environmental Services in Support of the Christine Drive Methane Gas Anomaly Project COUNCIL MEETING DATE: I May 21, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorne Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne Not Applicable Certificates of Insurance (Approved by the City Attorne) Attached Financial Impact Statement (Unbud et, over $5,000) Attached Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR -MISSING ATTACHMENTS REVIEWED -RETURNED FORWARDED Administrative Staff r Assistant City Administrator Initial ( ) City Administrator Initial nip City Clerk FOR _ �TURN OF ITEM: mum EL Vd RCA Author: Dolder/Olson/Justen 0 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To: Connie Brockway, City Clerk Via: Gail Hutton, City Attorney Via: Ray Silver, City Administrator From: Michael P. Dolder, Fire Chief/Information Systems Director Date: June 6, 2000 0MC 3b3 SUBJECT: PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND BROWN & CALDWELL FOR ENVIRONMENTAL CONSULTING SERVICES — 1411]ui "ma N)ALIN102111,1►101@xQo�W104ta I The Fire Department desires to engage and contract for consulting services on environmental and soil remediation issues in the City of Huntington Beach. The Fire Department needs the ability to select from one or more highly professional firms to prepare programs regarding high profile and publicly sensitive sites. To comply with Chapter 3.03 of the Huntington Beach Municipal Code (HBMC), we have requested formal written proposals from the following three (3) qualified consultants. Based on the development project, the Fire Department would utilize the appropriate vendor on an as -needed basis. Therefore, we are proposing professional services contracts with each vendor. 1. ENVIRON International Corporation Robert L. Powell, President 2010 Main Street, 9th Floor Irvine, CA 92614 949-261-515 l ,tlil�l:Tll]�;L�I11� Wojciech Bajsarowicz, Vice President 16735 Von Karman, Suite 200 Irivne, CA 92606 949-660-1070 2. McCULLEY FRICK & GILMAN. Inc. (MFG) 640 North Tustin Avenue, Suite 101 Santa Ana CA 92705 714-973-3090 Attached is the contract for Brown & Caldwell. The Certificate of Insurance from MFG 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 HBMC Chapter 3.03 have been complied with. If you have any questions or need additional information, please call my office at ext. 5402. MPD/DSO/bjg s1mt%olsonikoun & Caldwell compliance to hbmc Attachments