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Home My WebLink AboutBryan Stirrat & Associates - 2002-03-11a .C-IQ(0c' c,-)"s)c C, -XUA1Nr—e Council/Agency Meeting Held. Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied j--,l City C rk'S S' nature Council Meeting Date: January 20, 2004 Department I Number: CS O4-001 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, ity Administratorate PREPARED BY: JIM B. ENGL ire�c�dF, Community Services SUBJECT: AUTHORIZE PROFESSIONAL SERVICE EXPENDITURE F0k MONITORING OF LANDFILL GAS SYSTEM AT SPORTS CbMPL-Ex �Eitem:en:t:,:f Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Funds for compliance monitoring of the landfill gas system at the Central Park Sports Complex were approved as part of the 03-04 fiscal year budget. Due to an administrative oversight, however, business unit 10045403 was not included in the list of budgeted professional service contracts. Fundinct Source: The action requested does not require a new appropriation. Funds were previously included in the General Fund, Adult Sports, Repairs and Maintenance Account 10045403.64520 for fiscal year 03-04. Recommended Action: Motion to: Authorize expenditure in an amount not to exceed $150,000 from Adult Sports business unit 10045403for professional service contract for monitoring of landfill gas system at the Huntington Central Park Sports Complex. Alternative Action(s): Do not authorize expenditure and direct staff accordingly. Analysis: On March 11, 2002, a professional services contract was authorized between the city and Bryan A. Stirrat and Associates (BAS) for "As Needed Services" though March 11, 2005 (Attachment 1). As one of the services provided through this contract, a proposal was received from BAS to perform operation, maintenance, and monitoring of the landfill gas migration (LFG) control system at the Sports Complex in compliance with South Coast Air Quality Management District regulations. Their proposal is included as Attachment 2, but generally involves weekly, bi-weekly and monthly monitoring, collecting and analyzing samples, corrective repairs, and preparing monthly reports. E (A REQUEST FOR COUNCIL ACAN MEETING DATE: January 20, 2004 DEPARTMENT ID NUMBER: CS O4-001 Part of the on -going maintenance of the Sports Complex is the monitoring of the landfill gas migration system and compliance with South Coast Air Quality Management District regulations. This annual expense was included in the overall proforma for the Sports Complex approved by City Council on June 2, 2003. However, due to the technical expertise required to perform the necessary monitoring and reporting requirements, the expenditure and business unit (10045403) should be added to the list of City Council -approved professional service contracts for fiscal year 03-04. The purpose of this Request for Council Action is to amend the listing of professional services approved contracts to include compliance monitoring at the Sports Complex in the amount of $150,000. Environmental Status: Not applicable. Attach ment(s): RCA Author: E. Kuhnke Professional Service LFG expenditure2 -2-/2/2912003 4:34 PM L ATTACHMENT #1 L T " d -1d10i s 0 pROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND sxs FOR Table of Contents IScope 2 of Services..........,..........................................................................................1 City Staff Assistance ..............................................................................................2 3 Term; Time of Performance ............................... ..................................................... 2 4 Compensation.........................----........................................------...............................2 5 6 Extra Work ................. ,.,.,.......................... .......... .,................................................... 2 Method of Payment -------- ....................................................................................... ...3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold harmless ...............................................................--...----............................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance................................................................ .......................5 11 Independent Contractor ................................................. ........... ................................ 6 12 13 Termination of Agreement.......................................................................................6 Assignment and Delegation.........,....................--...................................................---6 14 15 CopyrightslPatents................. ............ ....... ................... City Employees and Officials..................................................................................7 ..,........................ I ....... ....... 7 16 Notices—...................:...................................... ...... ......................7 17 Consent ..................................................... .......................................---------...............8 18 Mvdification............................................................................................................. 8 19 20 Section Headings ... .......... -................................... ................. interpretation of this Agreement..............................................................................8 ....................... I ......... 9 21 Duplicate Original .......................... ............................... ---------- ---.............................. 22 1mmigration ..............................................................................................................9 23 Legal Services Subcontracting Prohibited ..................... ..... .......... I ....... ................... . 24 Attorney`s Fu s......................................... --- ................................................ ....... .... 10 23 Survival ............. -.............................................................................. .........................10 26 Governing Law...........--..........................................................................................10 27 Entirety ................. ........ .... .................... ........ .................... ,.,,,,..-.......................... I ... 10 ZT/ET Id S"f.ST b1.2 VTR. HOUM NOIE)NIINnH VO:VT ZOW-SO-nON PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into this 1 t - day of per[. _ 200L,-by and between the City of Huntington Beach, a municipal corporation of the State of California, hemivafter referred to as "CITY, and Bryan A. Stirrat s Associates ^ a California Corporation hereinafter refer-ed to as "CONSULTANT_" WHEREAS, CITY desires to engage the . services of a consultant to Provide As -Needed Services ;and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Hun6ugton Beach Municipal Code, Chapter 3.03, relating to procim=ent of professional service contacts have been complied with; and CONSULTANT bass been selected to perform these services, NOW, THERFRORE, it is ag=d by CITY and CONSULTANT as follows: I . S OPE OF SERVIC CONSULTANT shall provide all. services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Gha s s a n E . And raos who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement agree/rorms/prof§ery 10115)D I 1 R ZT/Fo*d CLSST bLE t7TL H:)639 NO1EJNI.i.NnH Zo:trl Z0O?_-9;0—A0N 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM,• TIME OF PERFORM ANCE 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 by CITY (the "Commencement Date"j. 'Phis Agreeritetrt shall expire on I1 d unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than ;.1_1t� _ from It Commencement Date of this Agreement. Then times may be,extended with the written permission of CITY. The time !nor performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROTECT if mutually agreed to in writing by CITY and CONSULTANT. 4, COMPENSATION In consideration of the performance of the services described herein. CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit " S," a fee, including all costs and expcnses, not to exceed 1%✓L��' �� G. )vim' __. Dollars (S_ 5. EXTRA FjMK— In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CTTY_ Additional agr=1&rms/pmfsm10/15101 2 e ZT/20'ci ZZST bL£ bZL WiSE N0iDM1-LW W 20 : bZ Foaa-so-(ON 0 0 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. MEnTUD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISrPOSTTTON OF PLANS, ESTIMATES -AND OT_IM DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, bold field and office notices, calculations, computer code, language; data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CTTY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall ocetr first. These materials may be used by CITE'' as it sees fit_ 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agent.5 and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANTS subcontractors, if any) negligent performance of this Agreement of its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such lass or damage which was caused by the sole negligence or willful rnisccmduct of CTTY.` egrCrAGrrnVPMrSCrV 10/15/01 3 U zI70 ' d �LST bL€ 17T2, HRH= FF Nn I FIN T I WnH ;1R : V T r�GlGlr'—CGI—r11i#J CONSULTAN`f will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSUIJANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9_ PROFF..SSIONAL LIABILITY INSU ANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars (S1,000,044.00) per occur=cc and in the aggregate. The above - mentioned insurance shall not contain a self -insured retentionn, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy sliall be acceptable if the policy fm her provides that: A_ The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies punbased as renewals or replacements), B. CONSULTANT shall notify CITY 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, 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. sgea%M s/pmfken 10/ 15101 4 9 2T/s0'd £LST t7L£ VTL MtM WiONI11WH C0 : b T M02—SO--f1ON 10. CERTIFICATR OE 1NSUR&N F Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a ceRificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance covemge as required by tWs Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; 13, shall state that the policy is currently in force; and C. sha11 premise that such policy 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, teen 0 0) days' prior written notice in the event of cancellation for nonpayment of premium. . CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold hanniess and indemnification obligations as set forth in this Agreement. CfTY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shalt pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONS ULTANT is, and shall be, acting at all times in the: peri'onnance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and' bgrxf rbnWpmfservi 017 5101 S ZIi9019J ELS1 trz2 OIL HOUM NO-LENIlNnH 20:P1 Z002�SO-MN all payment of all takes, social security, state disability insurance compenmbon, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROTECT and/or the services to be performed hereunder, 12. TERMiNA110 QF 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 cause, and whether or not the PROJECT is fully complete. Any terminations of this .Agreement by CTTY 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 CITY, become its property and shall be promptly delivered to it by CONSULTANT, 13. ASSIGNMENT AND D GATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated m subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set fortb in Sections 9 and 10 hereinabove. 14. COPY G[GHTSMATEM CITY shall own all rights to any patent or copyright on any work, it= or material produced as a result of this Agreement. s 06Wj bM9/PreWrvi(v) srai 6 F-T/Lo'd UST t>LE 17TL HDH9E NDj-9wiimnH 20:OT ZOM-90-nDN 1 S. ciTy EMPLOYEES D 0F}`iCiALS 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 Agreeuieiit in violation of the applicable provisions of the California Government Code. 16. NQTICES Any notices, certificates, or other communications hounder shall be given either by personal delivery to CONSULTANTS agent (as designated in Section I hereinabove) or to CITY as the situation shall wan -ant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONSULTANT - City of Huntington Beach B r ya n A. S t i r r a t s Associates ATTN: 2040 Main Stet -- Attn: Ira R. Snyder Huntington Beach, CA 92648 1360 Valley Vista Drive Diamond Bar, CA 91765 17, CONSENT When CITY's consent/approval is required under this Agreements its consentlapproval for one mmsaction or event shall not be deemed to be a consent/approval d to any subsequent occurrence of the same or any other transaction or event agree/rWMVPM-r5en'10n 5101 7 Zi/00'd USX PLC PTL FrJd3$ NUENIINnH EO:bi ZOOF-SO-nDM 18. MOD EiCA�ON No waiver or modification of any language in this Agreement shall be valid unless in writing and dLdy executed by both parties. M SEC INGS The titles, captions, section, paragraph and 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 rc*Tence only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or coststrue the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20, TNTERPRETATIM QE TICS AGREQAMa The language of all parts of this Agreement small in all cases be construed as a whole, according to its fair tncaning, 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 sha11 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 to require the commission of any act contrary to law, and wherever there is any conflict betwccn 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` agreelfartnslprofiarv30f1 sror Z1i60'd UST VLL bTL FDt�M NOIONr1NnH £O:bT ZOOZ-GO-f1ON 4 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 2 1. DUPLICATE 4RI 7INAL 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, imspecdve of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has aigned it. 22. IMMIGRATION CONSULTANT Mali be responsible for full compliance with the immigration and natumlizat':on laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL. SERVICES SUBCONI&&CIR LG MO IBITED 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. CONSUL"1'ANT understands that pursuant to Huntington Beach City Charter Section 349, 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. 24. AATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, Mgr-Jf0-WPMfr-C"1M 5/01 2 �T/f 1 d Zzsti fi2-9� VT2. I M=lFr Nn 1 rim I Nn14 t7n : bt 7Pm7-,zP--nnw each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. RZYKIYAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, steal l so survive. 26. ,20VERNING LAW This Agreement shall be governed and construed in accordance with the laws of the Mate of California. 27_ ENTIRETY The parties ac:lmowlcdge and agree that they are entering into this Agreement freely and voluntarily following ext =4ve arm's length negoU ion, and that each has had the opportunity to consult with Icgal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise., have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly sct forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the snbiect matter oftlds Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof ag"Oorms/proaanlolf 5101 10 r F-T/71"d FLST VLE bbL HDU38 Noon i iwnH t7o ; vT zoaF-sa-nnN JN WITNESS WHEREOF, the Parties hereto have caused this Agreement to he executed by and through their audwr =d offices the day, month and year first above written. CONSULTANT, Bryan A. Stirrat & Assoc. Ghassah E. Ancfraios print name ITS: (CtTC One) C� 1Ce PTE31 AND B I ra~R. Sneer_ R ITS: (dr+cte ow) s=ml chw Fira c Asst. S=Etwy _ T�eMM aaree/%rrnalprofivylo/15M) CITY OF MJNTINGTON BEr.ACH, a mumAicWd corporation of the State of California Of 0 APPROVED TO FORM: City Attorney REVIEWED AND APPROVED: r City Administrator (ordy flor oc»t;i' M aw S501M 00) a 21,/ZT'8 UST 1rLE 17TL HDUM NO1JNIJMH VO.i7I Z00Z—S0—()DN 6 YAN A. STIRRAT & ASSOCIATES 1360 Valley Vista Drive Diamond Bar, California 91T65 (909) 860-777T SCHEDULE OF CHARGES EERSONNEL IfOURLY RATE Principal (P) $170 Principal Engineer (PRE) $150 Division Engineer (DE) , $142 Project Administrator (PA) $134 Senior Project Manager (SM}1Chief Engineer (CE) $132 Project Manager (PM) $123 Project Engineer (PE) $112 Engineer V (E-V) $100 Engineer IV (E-IV) $91 Engineer III (E-Ill) $B5 Engineer It (E-11) Sao Engineer I (E-I) $68 Engineer (E) $57 Project Designer (PD) $99 Senior Designer (SDD) $92 CADD Designer/Drafter (CD) $89 Designer (DD) $83 Senior Drafter (SD) $78 Drafter (D) $68 CADD Operator (CO) $51 Regulatory Compliance Manager (RCM) $1103 Senior Regulatory Compliance Specialist (SRS) $96 Regulatory Compliance Specialist (RS) $80 Senior Environmental Engineer (SEE) $101 Environmental Engineer III (EE-111) $89 Environmental Engineer 11 (EE-11) SU Environmental Engineer I (EE-1) $77 Senior Environmental Scientist (SNS) S98 Senior Environmental Specialist (SES) $87 Environmental Specialist It (ES-Iq $78 Environmental Specialist I (ES4) $69 Environmental Specialist (ES) . $62 Estimator (EjlSpecbmtlon Writer (SW) $86 Landscape Architect (LA) $82 Project AccountanllAnalyst (AA) $59 Project Coordinator (PC) $74 Senior Technical Editor (STE) Administrative Assistant (ADA) $65 Data (DP)IWard Processing Secretary (WP) (including equipment) $a8 Office Services Cleric (OS) $56 General Clerk (CyTypist (Y) $43 Data Analyst (DA) $66 Construction Manager (CM) $115 Construction Supervisor (CS) . $98 Construction Engineer (COE) $90 Chief Engineering Technician (CT) $82 Engineering Technician V (ET-V) $74 Engineering Technician IV (ET -IV) $66 Engineering Technlclan III (ET-11I) $57 Engineering Technician 11(ET-11) $50 Engineering Technician I (ET-1) $42 Engineering Technician (ET) $26 Chief of Survey Parties (CSP) $92 3-Man Survey Party (SP-3M) S2D4 2-Man Survey Party (SP-2M) $169 1-Man Survey Party with GPS (1M-GPS) $132 Court Appearance and Related Services (Expert Witness, Depositlon, etc.) 1.5 x hourly rate Overtime Premium is 50% of Personnel hourly Rate. Effective July 1, 2002 through June 30, 2003 RS 193 1 of 3 REIMBURSABLE CHARGES THROUGH 6/30/2003 In addition to the above charges for professional services (including routine expenses), we require reimbursement for the following items: Reproduction Xerox Copies $ .Weach (in -House) Color Copies •901each Wide Format Copies .281sq. fl. Blueprints .2ftq. iL Velums .901sq. ft. Mylars 1.E&sq. I Telefax (Outgoing only) Mileage: Personal Vehicle Company Vehicle Company Vehicles Survey Vehicles Other Out -of -Pocket Expenses/Supplieslrelephone Equipment Usage ConsultantslOutside Services Construction Services Per Diem for Living Expenses CARD Computer Usage Field Computer Services GPS Survey Equipment Services RS 193 2 of 3 1.101page .401mile .501mile 6.001haur 6.001hour Cost + 15% See Attached Schedule Cost + 15% Cost + 15% Federal Rates $10.0D/hour $40.00/week $40.001week EQUIPMENT RENTAL RATES *(through June 30, 2003) 0 -NFE OF EQUIPMENT DAY WEEK MONTH 4 Gas Range Mrlter CH4, H2S, CO 02.. Sentinel 44 $75.00 $200.00 $500.00 500 Gallon Propane Tank $2/ al. n/a n/a 55 Gallon Dntms inew DOT #17H $35 each n/a We 8 Ch. Data L20er $75.00 $200.00 $500.00 AI ha - 1 Personal Sam i' Pump $75.00 -$200.00 $500.00 Ambient Air/Landfill Gas §gE20er $100.00 $300.00 $800.00 Ambient Air/Landfill Gas Sampler Double $100.00 $300.00 $800.00 Disposable Bailer $25.00 $100.00 $200.00 Automatic Bailer $75.00 $200.00 $500.00 002 Calorimetric Anal sis Tubes $20.00 $75.00 $150.00 CO2 Indicator Fyrije $10.00 $50.00 $100.00 Combustible Gas Meter GX3N119390X $75.00 $200.00 $500.00 Cutting of PCC or AC pavement (up to 8-in. thick $50/hole n/a n/a Oxygen Meter $50.00 $150.00 $300.00 Dup2nt Dosimeter Mark-3 Personal Sample Pump) $50.00 $150.00 $300.00 Flow Calibrator Gran $50.00 $160.00 $300.00 Gas Extraction Monitor GEM 500 §100.00 300.00 $804.00 Groundwater Sampler QED Wizard $100.00 $300.00 $800.D0 Haz Mat Kit $25.00 $100.00 $200.00 HNu (FID) $100.00 $300.00 $800.00 Lung Sampler Nutech 218 $50.00 $150.00 $300.00 Mini -Ram Data Logger $40.00 $125.00 $250.00 Mini -Ram Dust Meter $50.00 $150.00 $300.00 Organic Vapor Ana! er OVA128 $125.00 $400.00 $1,000.00 PH/Conductivl lTem erature Meter H dac $25.00 $100.00 $200.00 Photo ionization Detector OVM580$ $125.0D $400.00 $100.00 Sam le Train Gas Extraction Pump) $15.00 $60.00 $200.00 Soil Au er/Sam ler $30.00 $90.00 $180.00 Soil PH Meter $15.00 $60.00 $200.00 Sounder tJ uid Level Indicator $40.00 $125.00 $250.00 Surface Emission Sampler $50.00 $150.00 $300.00 Transducer with 400 Foot Cable Each $75.00 $200.00 $500.00 Turbidity Meter $25.00 $100.00 $200.00 Wind Speed and Direction Monitors $100.00 $300.00 $800.00 Decontamination Equipment Including: Decon Tub 1 ea., Buckets 2 ea., Brush 2 ea., Stake T-4 ea. Plastic Drop Cloths 12'-10' 1 ea., Plastic Bags -1 box ea., D.I. Water, Caution Tape, Paper Towels 2 rolls ea., Rubber Gloves, Gloves & Liner, Trash Bags 10 ea. $25.00 N/A NIA Field Sampling Supplies Including: Duct Tape 1 ea., Electric Tape lea., Plastic Bags -1 box, Trash Bags 10 ea., Gloves & Liner I box ea., Lab Labels, Aluminum Foil 1 box, Drum Labels 10 ea., Plastic Drop 12'x10' ea., Small Hand Shovel. OPTIONAL: Filters Coolers, Ice, Jars, Sample/Pump $30.00 N/A NIA LEVEL C Respirator with Cartridge (full or half faced) Tyvek Coveralls Outer Gloves Glove Liners Neoprene Boots $100.00 N/A NIA LEVEL D (standard) Dust Mask Rubber Gloves Steel -toed work boots Safety glasses $0.00 WA NIA RS 193 3 of 3 .4CORD�. CERTIFIC OF LIABILITY INSURA E sR i 12 111 0 PRODUCER THIS CERTIFICATIMSSUED AS A MATTER OF INFORMATION Thorson & Assoc. Ins. Ser. . Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#OB60856 HOLDI=R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 30699 Russell Ranch Road #200 rpm• / ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Westlake Village CA 91362 ej N L� L.tR_b� Phone: 818-889-7240 Fax: 818-889-2580 INSURERS AFFORDING COVERAGE NAIC 9 INSURED INSURERA: Commerce & Industry Ins Co INSURER B: Everest National Insurance Co. Bryan A. S tirrat & Associates pj_,�K INSURER C: American Int' 1 Specialty Li es Ira Sn der 1i60 ;dl8ai Vista Drive INSURER 0:' Chubb Custom Insurance Co Dam65 INSURER E: COVERAGES THE 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. LTRPOLICY N TYPE OF INSURANCE POLICY NUMBER POLIC DATE MMYDD EXPIRATION DATE NIMIDDIYY LIMITS A GENERAL LIABILITY X COMMERCIALGENERALLIABILTTY CLAIMS MADE LK OCCUR REA.`WkL OF: GL417770707/16/02 '07/16/03 EACH OCCURRENCE $ PREMI Eeoccurence $ 50,000 MED 5XI? (Any me person) $ 5,000 PERSONAL&ASV INJURY s 1, ODD, 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATEi LIMIT APPLIES PER: x POLICY jE LOC PRODUCTS -COMPIOP AGG s 1, 00 0 , 000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-DWNED AUTOS Comp/Coll — $500D RENEWAL OF: M05339607/16/02 APPROM AS TO F{7 GAIL HUTTOK, Cit3 By- DiE.I,iL ty City A'.torneF zz AttOY'T3eo 07/16/03 COMBINED SINGLE LIMIT �$�ent) �1,ODO,pOD X BODILY INJURY (Per Person) $ X BODILY INJURY (Peraccident) $ X X PROPERTY DAMAGE (PeraWdent) $ GARAGE LIABILITY ANYAUTO y ' f, . +f :� ` E AUTO ONLY • EA ACCIDENT $ l IER THAN EA ACC OT AUTO ONLY: AGG $ 5 C EXCESSIUDABRELLALIABILITY X OCCUR OcLmsmoe DEDUCTIBLE 0 RETENTION $10 0 0 0 RENEWAL OF: 1950152 07/22/02 07/16/03 EACH OCCURRENCE 5 5,000,000 AGGREGATE $ 5 000 000 s s S B WORKERS COMPENSATION AND EMPLOYERS'LIABLITY . ANY PROPRIETORIPARTNERlEXECLMVE OFFICERIMMEMBER EXCLUDED? If yes. describe under 5PECIALPROVISIONS beJow 3900034440-021 07/15/02 07/15/03 X I TORY LIMITS ER F.L. EACH ACCIDENT $1 000,000 I E.L_ DISEASE -1 A EmpLO % 1 F 0 00 , 0 00 E.L. DISEASE - POLIOYLIMrr I:1 000 000 D C OTHER Combined Bldg/Copt Prof/Pollution Lia 79491124 RENEWAL OF: 529266 09/16/02 07/16/02 10/16/03 07/16/03 3,963,583 -Specl/1000D 2,000 000 Per Occ/Agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS In the event of non-payment, 10 day notice of cancellation will supersede. *L�►fftr��.,�3ea�1'-��-,�,� ��.�� '�'d�,3r�e#:�°x�.�. 'as:.. Addonainsucea -g+t: UCKIIFIURLIt MULUCK City of Huntington Beach Attn : Sudi Shoja Fax (714) 374-1573 2000 Main Street Huntington Beach CA 92648 HUNTING I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL iMMM1AMEb MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ACORD 251 Qlffial Cc.)7 a POLICY NUMBER: 4177707 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: WW!HfiH 1 9b"W"a 2000 Main St. Huntington Beach, CA 92648 Including of I4X=f%! (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. APPROVED AS TO >= ORN- u Z , FUT1'OIi, city _-�t;orne '33r: LEpa-t:y Cit ,LtLo:rney CG 20 26 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 0 t°rY jr w 4' PA RAYAN A. STIRRAT & ASSOCIATES CIVIL AND ENVIRONMENTAL ENGINEERS May 6, 2003 PN: 03-1067 Ms. Sudi Shoia City of Huntington Beach Department of Public Works 2000 Main Street . Huntington Beach, California 92648 RE: HUNTINGTON BEACH CENTRAL SPORTS COMPLEX - OPERATION, MAINTENANCE AND MONITORING OF THE LANDFILL GAS MIGRATION CONTROL SYSTEM AND SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 1150.1 COMPLIANCE MONITORING Dear Ms. Sho)a: Pursuant to a recent request by the City of Huntington Beach (City), Bryan A. Stirrat & Associates (BAS) is pleased to submit this proposal to perform operation, maintenance, and monitoring (OM&M) of the landfill gas (LFG) migration control system and South Coast Air Quality Management District (SCAQMD) Rule 1150.1 compliance monitoring at the Huntington Beach Central Sports Complex (former Huntington Beach Landfill). This document describes our proposed scope of work, overall assumptions and conditions, and BAS' proposed fees to perform the required services. 1.0 SCOPE OF WORK BAS proposes to operate, monitor, and maintain the LFG system to control LFG migration so that operational goals are met and regulatory compliance is achieved. BAS proposes to divide OM&M services into the following categories: Routine OM&M services and SCAQMD Rule 1150.1 compliance monitoring and reporting. Non -routine scheduled maintenance and non -routine unscheduled emergency services. These activities are described in detail in the following paragraphs: 1.1 ROUTINE OPERATION, _MAINTENANCE, AND MONITORING Routine OM&M services consist of those activities required to control LFG migration. This will be accomplished as presented below: Ms. Sudi Shoja Re: Huntington Beach Central Sports Complex — Ohj&M of the LFG Migration Control System and SCAQMD 1150.1 Compliance Monitoring May 6, 2003 Page 2 1.1.1 Monitoring The Blower/Station will be monitored weekly in the first two quarters, bi-weekly in the third quarter, and monthly in the fourth quarter. Data will be collected and recorded for the following tasks: — Meteorological conditions (e.g., wind velocity, barometric pressure, ambient temperature, etc.). -- Extraction blower operating (inlet and outlet) temperatures and pressures. — Methane gas, oxygen gas, and carbon dioxide gas concentrations at the carbon adsorber inlet and outlet. -- Differential pressure across the system flame arrestor and other critical components. — LFG flow rates. The LFG will be sampled and analyzed using a photo ionization detector at the inlet and outlet of the carbon adsorbers in accordance with the conditions of the operating permit. Condensate sump liquid levels will be checked and the sumps will be pumped as necessary on a weekly basis. The condensate will be transferred to the holding tank at the treatment facility. Extraction wells will be monitored weekly in the first two -quarters, bi-weekly in the third quarter, and monthly in the fourth quarter. Data will be collected and recorded for the following: — LFG temperature — wellhead vacuum -- header vacuum methane concentration oxygen concentration carbon dioxide concentration -- LFG flow rate • On -site structure monitoring for methane will be performed at the North concession building and at the maintenance building initially, monthly for the first quarter, and quarterly thereafter in accordance with the schedule and procedures described by the engineer on the, project. Ms. Sudi Shaja Re: Huntington Beach Central Sports Complex — QM&M of the LFG Migration Control System and SCAQMD 1150.1 Compliance Monitoring May b, 2003 Page 3 1.1.2 Operation Field data will be reviewed and analyzed by the engineering staff. Extraction well and blower speed adjustments will then be forwarded to field technicians for implementation. These tasks will be performed weekly in the first two quarters, bi-weekly in the third quarter, and monthly in the fourth quarter and thereafter. 1.1.3 Maintenance Monthly Proper operation of the automatic dialer system will be verified. The blower bearings will be lubricated in accordance with the manufacturer's specifications. Quarterly Alarm. -signals (e.g., blower failure, etc.) will be simulated. for proper operation and notification. During alarm simulation activities (when applicable) the alarm sensing equipment will be calibrated in accordance with the manufacturer's specifications. Flame arrestor disassembly and observation will be conducted (cleaning will be performed as required). Annually A list of critical spare parts will be developed for inclusion in the annual report. A comprehensive annual observation of all components contained in the LFG control facilities will be made and documented for the annual report 1.1.4 OM&M Reporting * Once each month, BAS will prepare a report to the City of Huntington Beach containing the data collected, the engineering analysis/recommendations, and a summary of all project activities performed during the reporting period. Completed maintenance checklists/reports will be attached to the monthly reports. Annually, a report summarizing the results and recommendations as to equipment or material replacement and/or changes in operating procedures will be submitted. Ms. Sudi Shoja Re: Huntington Beach Central Sports Complex — OM&M of the LFG Migration Control System and SCAQMD 1150.1 Compliance Monitoring May 5, 2003 Page 4 1.1.5 SCAQMD Rule 1150.1 Compliance The City submitted a Compliance Plan/Alternative Monitoring Plan (AMP) to SCAQMD in October of 2001. For estimating purposes, this proposal assumes the requested AMP tasks and frequencies will be approved by the SCAQMD. The 1150.1 compliance requirements and frequencies based on acceptance of the AMP are described below. • Boundary compliance probe monitoring will be conducted monthly. • Integrated surface sampling will be conducted semi-annually. • Instantaneous surface monitoring will be conducted semi-annually. • Landfill gas sampling at the treatment facility will be performed monthly. Within 45 days of the end of each quarterly period, BAS will prepare and submit to SCAQMD a site specific Rule 1150.1 Quarterly Monitoring Report. Each report will include an executive summary, a separate discussion of each task completed, summary tables of field measurements and laboratory analytical results (if applicable), and a site map showing the locations of all monitoring points. Field data sheets and laboratory analytical reports.(if applicable) will_be included as appendices. If the City does not receive an approved compliance plan based on the submitted AMP from SCAQMD, additional 1150.1 monitoring and laboratory analysis will be required at an additional cost, 1.2 NON -ROUTINE ACTIVITIES The Non -Routine category consists of two components, Non -Routine Scheduled Maintenance and Non -Routine Unscheduled Emergency Services. Both of these components are described below. 1.2.1 Non -Routine Scheduled Maintenance Non -routine scheduled maintenance consists of corrective repair or maintenance work identified as being required during the routine work. Examples of this type of work include piping and wellhead repairs, well construction, and blower repair or replacement. This work is essential for proper system operations; however, it is considered the type of work that can be scheduled to allow for procurement of materials, equipment, scheduling of personnel. Non -routine scheduled maintenance will only be performed subsequent to notification to and written authorization by the City. This work will be 0 0 Ms. sudi Shoia Re: Huntington Beach Central Sports Complex - OM&M of the LFG Migration Control System and SCAQMD 1150.1 Compliance Monitoring May 6, 2003 Page 5 conducted on time -and -expense basis, with a not to exceed amount. Examples of non - routine, scheduled maintenance include replacement of granular activated carbon and off site disposal of LFG condensate. 1.2.2 Non -Routine Unscheduled Emergency Services Nan -routine unscheduled emergency services include events that require immediate response, including, but not limited to, call outs by City staff or auto -dialer call outs. These services will also be conducted subsequent to notification and verbal authorization of the City, on time -and -expense basis with a not to exceed amount. 2.0 ASSUMPTIONS AND CONDITIONS Our Scope of Work and Compensation have been developed based on the following assumptions and conditions: • BAS' responsibilities are limited to the scope of work described in this proposal and the frequencies provider) in the attached cost estimate. Should -additional work be required beyond these tasks presented in the cost estimate,. additional compensation will be required based on the Standard BAS Schedule of Charges. • The LFG system consists of 35 vertical extraction wells, 5 monitoring probes, 8 below grade condensate sumps, a knockout vessel, a condensate holding tank, 2 blowers, 2 carbon adsorber units with appurtenant mechanical and electrical control equipment, and below grade header and lateral lines. • The on -site automatic dialer alarm system will notify BAS of a shutdown. • BAS will not take responsibility for the overall quality of the gas collected from the LFG control system with regard to trace components. • BAS takes no legal responsibility for any of the potential hazards associated with the condensate and/or LFG. 3.0 COMPENSATION SAS will perform all routine OM&M services as described in this proposal for a period of two (2) years for the following annual cost: First year lump s $1 Z 1, 700 . Second year lum sUM:----. ,$73;40a:,:_�.. - Project Total: _.._..__.... $184,700 Ms. Sudi Shoja Re: Huntington Beach Central Sports Complex - 4M&M of the LFG Migration Control System and SCAQMO 1150.1 Compliance Monitoring May 6, 2003 Page 6 The second year cost is substantially reduced due to the proposed reduced monitoring frequency. Often, OM&M services are provided on long term contracts. Should the City find it advantageous to do so, BAS will extend the contract period at the discretion of the City. Non -routine activities will not be performed without prior written authorization by the City, and will be conducted on time -and -expense basis (with a not to exceed amount), according to the BAS standard schedule of charges (a copy is included for your reference). Should you have any questions or require further information, please advise. We appreciate this opportunity to assist you with this project. Should this proposal meet your requirements and you are in concurrence, please sign and return one copy. Very truly yours, APPROVED AND ACCEPTED: Name: G.E. Andraos President, Landfill Gas Group Title: KH/GGf GEA Attachment: Cost Estimate c: Bryan A. Stirrat Ira R. Snyder Kirk Hein Gary Glasser Date: LI N i I I I i Ii �N M N I i I !Ni lNl 1 � i I I I i i I a 0 f I � I ! i ' I .� Iq. m W TI N d � -he `� ! • = it I� � N ! � I'I ~ Iw '" lm! � l � i I ! h �� y Imi�l 4 :hl � �I� II 1 r N ! i N f}lS 1 I I H I � i w 4 i N a � 9 Y N Ty� Q � 9 Y h W a d [ �434j N s I i I f I � E hl, i ° a Y ��c � �r it ll�q m 9 its � � � h��•`a lai� ' m ! � IsII9 'R px E' �r i � �� ! ! I lI Ol�L!}7�II 14,E H '� 9 jj �lZ` �I g sII al.}sglwl 4 Y� I v E! I yt M I I M � I� I II M N i M. 1 I i MI N I IYY w I M� +�i► I I I i YF {M� I I 7 `{ I +IIIjS} I � NIYF YI N I } N �� N I I N �� j� IMi I � li � I�' I i~ N INi M I� I I I I I—�O r ` I � M � 1 w 1iiLl M M � „� I I ia• I » I M� N ` 4 LJ Ir I F N � I I Itl M '7 r$ - 1- � N d Q •q •O N C d O d W •P O r Q ? O W � � R 4 R Q T C Ifl C � Z u m i l 1 qQ d rl � �11Cy ! r l$ �11 1111 a j aas „ 1 lit mI i X- lit E� "fIS'8B ''^� � iS! ?i14 I �V� � _ C�I s<� :G c �� i �� m l �l � I; ad s I I I I I li I � 9 0 3111111111111111111111 i 1 Id e �a � m eemee DIMIn 11111=1111111111a ONE1111111MIS1 miullimiiiiiiiiiiliilillillillig glinillull Egfflul� I�11110111111111111111111 NNS■�11 � M to 11111111011111101000111111 mom momminimmmiioimimimiiillillililI 11110111111111111111Non■vMIN m a m loll MEMIM ■�iawn�a � s Eli limiiiiiiiilmmiuuliimillimemilim :18 IMME1111111ME �� L 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Community Services SUBJECT: Authorize Expenditure for Compliance Monitoring at Sports Complex COUNCIL MEETING DATE: t January 20, 2004 G ATT HENTS 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 ContractlAgreement (w/exhibits if applicable) (Signed in full by the City Attome ) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne Not Applicable Certificates of Insurance (Approved by the City Atfome Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not A plicable EXPLANA F� fNI1SS(NG ATTACHMENTS EXPLANATION F R-RET k bF I' ll, KUA Author: Su itys Checklist for Submittal to �� Contract f City Clerk's Office Hun. Balch• f (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: &>z?,q,Q A . S 7191(4 7' 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — HunSngton Central Park A '7'fiC c' L 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. M,4Zrr7 4. Amount of Contract: l�E�c�-s�j cr R6.2-57- A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewaliamendmentletc)? ❑ YES VNO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to IHBMC 3.03.100? ❑ YES WNIA OR Is the attached contract a SOLE SOURCE? 'R YES ❑ NIA C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? )(YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: - - .F �1�-+�.pP - I�.��..� F..t. ��,dMpp —L)j/N C.IV..i L L-2 / A .5Il £. Name/Extension Department z/,P/o3, Date gaformslcity clerk contract checklist.doc TO: Robett F. Sr r, Worms PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 9gyAN A. STi gA A7 SSOC A -TES FOR AS-NEEDS-P e NwRo�jHewrAL ENGI nlarEl 4(4 5 1�10E-s THIS AGREEMENT ("Agreement") is made and entered into this / sr day of FEA/Z U- Fj,' Y 20 03 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Bryan A. St.irrat.& Associates,a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Provide As -Needed Services :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 these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Ghassan A. Andraoswho shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agrecAorms1pmfserv10115/01 1 0 0 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME 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 by CITY (the 4 "Commencement Date"). This Agreement shall expire on 'DE CE!" 9M av3 , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 51=-E -Y w 16 i T " A + from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed � 7�[I.S ft4R�r-[��7 is 12G N� i�I43L.rr to in writing by CITY and CONSULTANT. FWL Twa-- I "T"MS WITH A(.REuP ADJU5,lfieml-s 4. COMPENSATION 7s 7KE FEE ScKIFvuLE. In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," a fee, including all costs and expenses, not to exceed Two HUtJC)re7p AND F1r7Y-rgousAt4p _ Dollars ($ 2 521 oo� 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agrm/forms/profsav10/15/01 2 0 0 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "S," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. $, HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. agree/forms/profsery 10/15/01 3 CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. 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). B. CONSULTANT shall notify CITY 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. 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. agmdfomns/profsery 1 als/01 4 0 0 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy 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 premmum. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. 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 CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agreelfomWprofs 10/15/01 5 0 i all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. 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 cause, and whether or not the 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 CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agreelforms/profsery I (Y15/01 6 0 0 15, 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. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY 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, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN- 7o'DD gkoussAaD 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Bryan A. Stirrat $ Associates Attn: Ila R. Snyder 1360 Valley Vista Drive Diamond Bar. CA 91765 When CITY's consentlapproval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consentlapproval to any subsequent occurrence of the same or any other transaction or event. agree/fonm/prof&m 10/15/01 7 0 • 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The.titles, captions, section, paragraph and 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. 20. 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 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 agree/fomis/profsm10/15101 8 0 i which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. 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 duplicate original shall be deemed an original instrument as against any party who has signed it. 22. 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 Code regarding employment verification. 23. 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. 24, ATTORNEY'S FEES in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/formVpmfsery 10/15/01 9 0 0 each parry shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agreelforms/profserv1G/15101 10 0 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. �O R+rI A-S'�l+��a-AsSoC�a LTANT, By: � ►�� A _ 5 r p-p - prinZ;id;;)ice ITS: (circle one) Cbai President AND By: t name ITS: (circle one) secreSt. Secretary — Treasurer ageelfarms/profservl0/15101 11 CITY OF HUNTINGTON BEACH, a corporation of the State of California Director of (Pursuant To HEMC §3. U 100) APPROVED AS TO FORM: REVIEWED AND APPROVED: a� City Administrator (only for contracts over $50.000.00) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND E iz ym A. s`T i (w-f J- A SS oc;A TFS FOR A,-NEtr>V'D EN(,jN1`t:n;N SCKVICEs Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance...............................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................... .............................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor.................................................................................. .......6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents.................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent..................................... ...........................................................................8 18 Modification...........................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement ..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 0 0 EXHIBIT "A" Consultant is to provide "As -Needed" environmental engineering services to the City. This contract is for "As -Needed" services and does not obligate the City to utilize the services of this Consultant. ,; ' B AN A. STiRRAT & ASSOCIATES 1360 Valley Vista Drive O Diamond Bar, California 91766H �� (909) 860-7777 SCHEDULE OF CHARGES PERSONNEL HOURLY RATE Principal (P) $170 Principal Engineer (PRE) $150 Division Engineer (DE) , $142 Project Administrator (PA) $134 Senior Project Manager (SMj/Chief Engineer (CE) $132 Project Manager (PM) $123 Project Engineer (PE) $112 Engineer V (E-V) $100 Engineer IV (E-IV) $91 Engineer III (E-111) $85 Engineer II (E-11) $80 Engineer I (E-1) $68 Engineer (E) $57 Project Designer (PD) $99 Senior Designer (SDD) $92 CADD Designer/Drafter (CD) $89 Designer (DD) $83 Senior Drafter (SD) $78 Drafter (D) $fib CADD Operator (CO) $51 Regulatory Compliance Manager (RCM) $103 Senior Regulatory Compliance Specialist (SRS) $96 Regulatory Compliance Specialist (RS) $80 Senior Environmental Engineer (SEE) $101 Environmental Engineer III (EE-III) $89 Environmental Engineer 11 (EE-11) $84 Environmental Engineer I (EE-1) $77 Senior Environmental Scientist (SNS) $98 Senior Environmental Specialist (SES) $87 Environmental Specialist 11 (ES-11) $78 Environmental Specialist I (ES-1) $69 Environmental Specialist (ES) $62 Estimator (EySpecffrcation Writer (SW) $86 Landscape Architect (LA) $82 Project AwwntanVAnalyst (AA) $59 Project Coordinator (PC) $74 Senior Technicai Editor (STE) $63 Administrative Assistant (ADA) $65 Data (DP)/Word Processing Secretary (WP) (Including equipment) $58 Office Services Clerk (OS) $56 General Clerk (C) rypist (Y) $43 Data Analyst (DA) $66 Construction Manager (CM) $115 Construction Supervisor (CS) $98 Construction Engineer (COE) $90 Chief Engineering Technician (CT) $82 Engineering Technician V (ET-V) $74 Engineering Technician 1V (ET -IV) $66 Engineering Technician 111 (ET-111) $57 Engineering Technician It (ET-11) $50 Engineering Technician 1 (ET-1) $42 Engineering Technician (ET) $26 Chief of Survey Parties (CSP) $92 3-Man Survey Party (SP-3M) $2D4 2-Man Survey Party (SP-2M) $169 1-Man Survey Party with GPS (11M-GPS) $132 Court Appearance and Related Services (Expert Witness, Deposition, etc.) 1.5 x hourly rate Overtime Premium is 50% of Personnel Hourly Rate. Effective July 1, 20t12 through June 30, 2003 RS 193 1 of 3 REIMBURSABLE CHARGES THROUGH 6/30/2003 In addition to the above charges for professional seruices (including routine expenses), we require reimbursement for the following items: Reproduction Xerox Copies $ .10/each (In -House) Color Copies .901each Wide Format Copies •2&sq• ft. Blueprints .28/sq. ft. Velums .90/sq. ft. Mylars 1.Msq. ft. Teielax (Outgoing only) Mileage: Personal Vehicle Company Vehicle Company Vehicles Survey Vehicles Other Out -of -Pocket Expenses/Suppliesfrelephone Equipment Usage ConsultantsJOutside Services Construction Services Per Diem for Living Expenses CARD Computer usage Field Computer Services GPS Survey Equipment Services RS 193 2of3 1.101page AO/Mile .50/mite 6.00mour 6.00lhour cost + 15% See Attached Schedule cost + 15% cost + 15% Federal Rates $10.001hour $40.0Ulweek $40.00/week EQUIPMENT RENTAL RATES Sough June 30, 2003) TYPE OF EQUIPMENT DAY WEEK MONTH 4 Gas Range Meter CH4, H2S, CO, 02, Sentinel 44 $75.00 $200.00 $500.00 500 Gallon Propane Tank $21 al. n/a n/a 55 Gallon Drums new DOT #17H $35 each n/a n/a 8 Ch. Data Log2er $75.00 $200.00 $500.00 Alpha - 1 Personal Sam li Pump $75.00 $200.00 $500.00 Ambient Air/Landfill Gas Sampler $100.00 $300.00 $800.00 Ambient Air/Landfill Gas Sam ler Double $100.00 $300.00 $800.00 Disposable Bailer $25.00 $100.00 $200.00 Automatic Bailer $75.00 $200.00 $500.00 CO2 Calorimetric Analysis Tubes $20.00 $75.00 $150.00 CO2 Indicator F rite $10.00 $50.00 $100.00 Combustible Gas Meter GX3NI1939OXY $75.00 $200.00 $500.00 Cutting of PCC or AC pavement. (up to 84n. thick $50/hole n/a n/a Oxygen Meter $50.00 $150.00 $300.00 Dupont Dosimeter Mark-3 Personal Sample Pump) $50.00 $150.00 $300.00 Flow Calibrator Gilian $50.00 $150.00 $300.00 Gas Extraction Monitor GEM 500 $100.00 $300.00 $800.00 Groundwater Sampler QED Wizard $100.00 $300.00 $800.00 Haz Mat Kit $25.00 $100.00 $200.00 HNu (FID) $100.00 $300.00 $800.00 Lu.ng Sampler Nutech 218 $50.00 $150.00 1 $300.00 Mini -Ram Data Logger $40.00 $125.00 $250.00 Mini -Ram Dust Meter $50.00 $150.00 $300,00 Organic Vapor Anal er OVA128 $125.00 $400.00 $1,000.00 PH/Conductivi frem nature Meter H dac $25.00 $100.00 $200.00 Photo Ionization Detector OVM58013 $125.00 $400.00 $1,000.00 Sample Train Gas Extraction Qum $15.00 $60.00 $200.00 Soil Auger/Sampler $30.00 $90.00 $180.00 Soil PH Meter $15.00 $50.00 $200.00 Sounder (Liquid Level Indicator $40.00 $125.00 $250.00 Surface Emission Sampler $50.00 $150.00 $300.00 Transducer with 400 Foot Cable Each $75.00 $200.00 $500.00 Turbidity Meter $25.00 $100.00 $200,00 Wind Speed and Direction Monitors $100.00 $300.00 $800.00 Decontamination Equipment Including: Decon Tub 1 ea., Buckets 2 ea., Brush 2 ea., Stake T-4 ea_ Plastic Drop Cloths 12'-10' 1 ea., Plastic Bags -1 box ea., D.I. Water, Caution Tape, Paper Towels 2 rolls ea., Rubber Gloves, Gloves & Liner, Trash 13 s 10 ea. $25.00 N/A N/A - Field Sampling Supplies Including: Duct Tape lea., Electric Tape 1ea.. Plastic Bags -1 box, Trash Bags 10 ea., Gloves & Liner 1 box ea., Lab Labels, Aluminum Foil 1 box, Drum Labels 10 ea., Plastic Drop 12'x10' ea., Small Hand Shovel. OPTIONAL: Filters Coolers, Ice, Jars, Sample/Pump $30.00 NIA NIA LEVEL C Respirator with Cartridge (full or hafP faced) Tyvek Coveralls Outer Gloves Glove Liners Neoprene Boots $100.00 NIA NIA LEVEL D (standard) Dust Mask Rubber Gloves Steel -toed work boots Safety lasses $0.00 N/A N/A RS 193 3 of 3 � 5 Ll L 15 6tLr} fnP ID DATE (MWDDIYYYYIf corgi. CERTIFICATE & LIABILITY INSURANCIlb BRYAN 1 12/11/02a 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Thorson & Assoc. Ins. Ser. . Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#OB60856 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENT} OR 30699 Russell Ranch Road #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Restlake Village CA 91362 Phone : 818-889-7240 Fax : 818-889-2580 INSURERS AFFORDING COVERAGE NAIC # NSURED INSURER A: Commerce & Industry Ins Co INSURER B: Everest National Insurance Co. IraaSVdertirrat & Associates INSURER C: American Int' 1 Specialty Lines 1360 V-alley Vista Drive INSURERD: Chubb Custom Insurance Co Diamond Bar CA 91765 INSURER E: COVERAGES THE 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRjADD'LF- LTR NSRd TYPE OF INSURANCE POLICY NUMBER DATE MMf06 1 PDATE MMIODIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1, OOO, 000 A X ' COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR RENEWAL OF: cL41.7770707/16/02 `' 07/16/03 PREMISES (Eaaccurence) S 50,000 MET] EXP (Any one person) $ 5,000 PERSONAL & ACV INJURY $ 1 , 000 , 0 0 0 GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S1,000,000 X POLICY PRO- JECT LOC A AUTOMOBILE �X LIABILITY ANY AUTO RENEWAL OF: CA5053 9607/16/02 07/16/03 COMBINED SINGLE LIMIT (Eaarcideng S1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS J' �, _? ; ' - M: �+ C�iicl i X X Comp/Coll - $500D '';, : . ;..�r A zz t ; rr.P PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO - .. _ - .- . ..--• S EXCESSIUMBRELLAUABILITY EACH OCCURRENCE s5,000,000 C X OCCUR �CLAIMS MADE RENEWAL OF: 1950152 07/22102 07/16/03 AGGREGATE 55,000,000 S RDEDUCTIBLE S X RETENTION $ 10 , 0 00 B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 3900034440-021 07/15/02 07/15/03 X TORY LIMITS ER E.L. EACH ACCIDENT $ ,,001),000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 0 0 0 E.L. DISEASE - POLICY LIMIT $ 1 0 00 , 0 00 I OTHER D Combined Bldg/Cont �79491124 09/16/02 10/16/03 3,963,583 Specl/1000D C Prof/Pollution Lia IRENEWAL OF: 529268 07/16/02 07/16/03 2,000,000 Per Occ/Agg DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS In the event of non-payment, 10 day notice of cancellation will supersede. *City -of—Huntington-Beach r.'ts;,:agas Addi°tional Insured per attached endorsement." CERTIFICATE HOLDER HUNTING City of Huntington Beach Attn: Sudi Shoja Fax (714)374-1573 2000 Main Street Huntington Beach CA 92648 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, lliraaw ACORD 25 (2001108) © ACORD CORPORATION 1988 _AIF At 9 0 POLICY NUMBER: 4177707 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Including its agents, officers and employees and when applicable the Redeveoplment Agency of the City of Huntington Beach. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section il) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 PROFESSIONAL SERVICE CONTRACTS PURCHASING CERTIFICATION 1. Requested by: Robert F. Beardsley, Director of Public Works 2. Date: February 3, 2003 3. Name of consultant: Bryan A. Stirrat & Associates 4. Description of work to be performed: As -needed Environmental Engineering 5. Amount of the contract: $250,000 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted. Various. 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ❑ Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ❑ Yes, ❑ No Explanation: See attached approved "Sole Source Justification" 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. "ARDAMADRIL, Manager Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. purchasing eertification_bas.doc 2/3/2003 9:19 AM RIDER TO SOLE SOURCE REQUISITION SOLE SOURCE JUSTIFICATION ITEM_ As -Needed Environmental Engineering Service For Edison Park, Central Library, Christine Drive Gas Anomaly and Various Other Locations SOURCE: Bryan A. Stirrat & Associates THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE IT IS: ❑ SUBJECT TO VALID AND EXISTING UNITED STATES PATENTS OR COPYRIGHTS AND NO ACCEPTABLE SUBSTITUTE FOR THIS PRODUCT OR SERVICE IS AVAILABLE ❑ A PROPRIETY PRODUCT OR SERVICE NOT OTHERWISE AVAILABLE AND FOR WHICH NO SUITABLE SUBSTITUTE IS AVAILABLE. OTHER AVAILABLE AND COMPETITIVE ITEMS ARE INCOMPATIBLE OR UNUSABLE WITH EXISTING EQUIPMENT. ❑ COMPETITIVE SOURCES ARE AVAILABLE BUT THE REQUIRED DELIVERY SCHEDULE OBVIATES THEIR USE. ❑ COMPETITIVE SOURCES ARE AVAILABLE BUT ARE UNRELIABLE OR THE PRODUCTS OR SERVICES OFFERED LACKS THE REQUISITE QUALITY OR SUFFICIENT QUANTITIES ARE NOT AVAILABLE. ® OTHER EXPLANATION OF ITEMS CHECKED The Local Enforcement Agency (LEA) recently ordered the City to perform emergency response to monitor and assess methane levels at Edison Community Park, Central Library, and various other locations. Bryan A. Stirrat & Associates (BAS) was previously selected to design a sophisticated active landfill gas treatment system, and to perform the "Post -Closure Maintenance Plan" at the City's Central Park Project. The LEA also recommended BAS to perform the emergency response. SOLE SOURCE SIGNATURES Department Head Signature Deputy 94 Administrator/Chief of City Administrators Signature per ministrative Services 3.02.190(c) H.B. Municipal Code SU ity Contracts Checklist for Submittal to City Clerk's Office (UH-V�&)k-axh (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: Bryan A. Stirs & Associates ``^^ ,1 2. Purpose of Contract: As needed Services 3. Expiration Date: March 11, 2006 4. Amount of Contract: Per fee schedule A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED A (renewal/amendment/etc)? 0 /ES0No B. Did you attach the LIST OF CONSULTANTS from whom proposalsre requested — pursuant to HBMC 3.03.100? 0 YES 0 NIA OR Is the attached contract a SOLE SOURCE? 0 YES 0 NIA C. Did you attach a COPY of the insurance oertificate/waiver and seM the ORIGINAL to Risk Management? ®YES PLEASE INCLUDE: Paul Emery, Der). Dir. Public Works Name/Extension Public Works Department November 25, 2003 _ Date CITY USE ONLY: g:/forms/city clerk contract checklist.doc DEC—'01-2003 MON 10:37 AM *SON ASSOCIATES FAX NO, 90&7240 P. 01 » CORD. -CERTIFICATE OF LIABILITY INSURANCE vr'I�s�r DLTT IUWa,yYYYY1 aaYarT-1 11 26/03 o l n 0 ,g� THIS CERTIFICATE 15 ISSUED AS A MATTP-R Or INFORMATIONTiu,c^;17n 6 As3or , xnu. Cur. 7nr '-�"'\/�� ONLY AND CANMRS NO RIGHTS UPON THE CERTIFICATE 1-iCAQt)6k,a56 (•-OPy HOLDER. THI5 CERTIFICATE DOES NOT AMEND, EXTENPOR 50600 R11,0.4,t1l rtanccb i'ri nd 11200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. W143t1.a n Vy11ra+2LT er+ I}13fi2 C41-pt19) INSURER$ WOWING COVERAGE NAIL 0 Equ,nn: 91Q-dB7-7Z.40 - I,,;st`:�A1lc-8 _.. {e�lv•r.....�----•---.._..r..._.-..... .... . ....--"---'----'----- •�------'--'-- Ir�Srllu, Coalmaa�oC & W 1_r�du��ry .. in. Co —j5 —D ll�� j I11.1lHLRD—. 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AUTO P14ly' NR S — I,vEnl'; 4h1L;'IlIRImill oy --- — ----- Twr.1lMr,leelwr: �-- T 52000,a00-- -- I:IN j 61AlnlWA, RXWL OF. 07/16/03 07116/04 Ar.iu_cA,:- --- r 5,000,000 , L�[ '111 511 r„ i 4 to Lq Q r — WG �T/IT11, 4TIi jYf�h7,:1� j. nUl'LN� 1 Nnn Ctdl Tf.QY IMtTS I A k L. ul�N,wCH�L NT T iN If L/IT,U r..I r'St:1 ,aC' EL �tifhSC' EA LMPLCSCd S 1 l,. ri.;i LYLp'I"nTu'; I n„ w ..1 EL V°' ,ld- rol.wy IIAP1 s — II YIILR C I tkan,6 ri1.d [JL,i'f/C;uTt i •12411124 10/16/03 20/16/04 3,966,03 spool/25001) n FKUE/C+_nlluticai Lia _ _ A� 01606_RNM, OF; � �07/16/03� 07/1004 W_ •• ••••••-••-••'••,• 21000,000 per OciI — _ Lr'>I;rTkF'Y''YI LTI<IIiL11.1Y1}IN"11,,f Alil'I•S, YI III.'1rSI Et(l'lu",I�l,lShn.HYiYr}INl11eY NIHrf yFl CULL nHW171nN'i In thn PJvrlEtt Ole In4ti-iwitp1t iI 10 Slag nol:lr:tz Ot aafladllatioJ1 Will supersede. IL".3t.y f?f IrulttinlI Dtr.hcb, it:>k aganta, ofFicsaas and employeas is named as hrieiit�pn,Sl, ]'nsn�imci CFI3TU`ICA10 HOLK'}+I'" HUNi'l IM City at NU1lt'iJ'xrlton lb:a,uh Att.n. S'++etL $h'9jt Sax ('134j27y-i573 20o0 F1adn tiirallt pwr.�;.T jtoTt. U4Yactf c;t 9260 CANCELLATION .SINIUI.Y A1l+Or 111E Atlnvr CYSLN;aC� rCa IiIC1 ac GNcil LrU al11}„L ,11r: Lxr'hLA,i4N DATE THEREOF, THL tt18Um01N&UFrq MCII NUNI c6D 30M� anrolwNn lcn NnT¢ C 19 TrIT: eFaT1TICAT1:IIOLauu ItaxLa To TIILLLE T,� ACu12[Y 40 (2001IG$)—_ - -- - © ACORD CORPORATION 1988 2T,�d lU101 0 0 PROFESSIONAL SERVICES BETWEEN T14E CITY OF HUNTINGTON BEACH AND FOR Table of Contents l Scope of Services --^,,,,_.~-_--.-....................... —--------- ........................ --� Z City Staff Assistance .................................................... --................................ --'-I 3 7em�.'Time wf Pe�armmmm��—'_--......—.---_--.---''------...-_----2 4 Compensation ........................... ................................. '.......................................... 3 5 Extra Work .......................................................................... -................................. I 6 Method of Payment --------- -...... ..................... ------- ............................ ---------------- 3 7 Disposition of Plans, Estimates and Other Docwnvnts ................. -,-.... --............. 3 8 Hold Harmless .............................................................. ........ ................................. 5 9 Professional Liability Insurance ........ 18 Certificate of Insurance ............................................................................................ 5 llIndependent Contractor .................................................................................... ....... () l] Teznmiriatipmof Agreement .................. ......... .......................................................... 6 13 Assignment and Delegation ,,,.--'-_—.----'..................................................... 14 .............. ,',------------ ......... ...... .................................... _........... 7 15 CSm/ Employees and Officials ---------------- -............. ................................ ................ 7 16 Notices. ---........................ ----- -...................... '....................... 7 17 Consent ......................................... --------- ---- ............................ --------------------------- ~8 19 Modification ------------ ............................. -_'_'------------- .................................... .... 8 19 Section Headings --'__-.''---'......................................................................... 0 20 Interpretation of this Agreement ............. '_....... —.......................................... ^'�8 21 Duplicate Original ........ ...................................... .................................................. ..4 22 Immigration ................... ............................. ......................................................... '-9 23 Legal Services Subcontracting Prohibited ...................... ..................................... --9 24 Fees ............................................ ......... ................................................... 10 25 Survival ......... ............................................. ................. .......................................... '&M 26 Governing Law .................................................................. ---- ........................ ..~'10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into this 1 I day of 204?eby and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Bryan A. Stirrat & Associates hereinafter referred to as "CONSULTANT_" a California Corporation WHERF..AS, CITY desires to engage the services of a consultant to Provide As -Needed Services : and Pursuant to documimtation can 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 these services, NOW, TH H R> :FORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SE VICES CONSULTANT small provide all services as described in Exhibit "A," which is attached hereto and incorporated into ibis Agreement by this reference. These services shall sometimes hereinafter be referred to aS the "PROJECT." CONSULTANT hereby designates Ghassan E. Andraos who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. *.1Wf0rM5iprafSCrV 10115/01 ZT/ZO'd 2LST t7LE VIL HDU39 NOMMINnH ZO:VT Z00Z-S0-f10N 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM, TTME_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 by CITY (the "Commencement Date"). 'This Agreement shall expire on M11 t f C, , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than _0IA. from the Commencement Date of this Agreement. These times may be -extended with the written permission of CTTY_ The time For performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be a nended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4, COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," a fee, including all costs and expenses, not to exceed � G'z '4—c G �• Dollars (S 5_ EXTRA WORK In the event CITY requires additional services not included in Exhibit 9A,t or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY_ Additional agrm/farms%pmfwry 10! 15101 2 2Ti20'd ELST PLE VTL HOU39 WiUNIlNnH ZO:VT ZOOZ-SO-00N compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. MER1Q OF_PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "E," which is attached hereto and incorporated by reference into this Agreement 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITE' as it sees fit. 8. HOLD HAWLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANTS (or CONSULTANT`s subcontractors, if any) negligent performance of this Agreement or it$ failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such Ions or damage which was caused by the sole negligence or willful misconduct of CITY_ ftS«C/f0rM-Jpr0FF'C� ton srai 3 ZT,,W'd 2LsT bL£ bTL HOU39 NOIDNIlNnH ZQ:bT Z00Z-SO-PON CONSULTAW will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable_ The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9_ PROFESSIONAL_ LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT'S professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any ether similar form of limitation on the required coverage except with the express written consent of CITY. 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). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claim. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion, 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. agree/&rmdpwfsery I t /1 Spl 4 Z T /S0 * d ELST 17LE V T L HOU39 N©.L M INM 20 : V T ZOOZ—SO—(nON 10_ CERTIFICATE. OF TNSURANCF Prior to commencing performance of the work hereunder, CONSULTANT' shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A, provide the name and policy number of each carrier and policy; fi_ shall state that the policy is currently in force; and C. shall promise that such policy 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 coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. 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 CITY. CONSULTANT shall secure at its own cost and expense, and be: responsible for any and agrWFbrms1pmfservI OA 901 5 £ T i90 . d 24S T bL£ b TL H3U3e NOiDN I MH £O : bT FOWLSO-nDN all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROTECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT Ail work required hem -under shall be performed in a good and workmanlike manner. CITY may terminate CONSULT11N1"s services hereunder at any time with or without cause, and whether or not the 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 CHY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract; is approved, all approved assignees, delegates and subconsultants most satisfy the insurance requirements as set forth in Sections 4 and 10 hereinabove_ 14_ COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/torms/pmfscnrloll S/41 6 ET/Lo'd ELST VLE VTL HOU39 NOIDNFINnH EO:VT FOOE—SO--noN 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CTTY 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. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTAN Ps agent (as designated in Section I hereinabove) or to CITY 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, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT_ Bryan A Stirrat & Associates Attn: Ira R. Snyder 1360 Valley Vista Drive Diamond Bar, CA 91765 When CITY's consentlapproval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. aWV060rmslpMraenr10/15101 7 21i80'd UST b2-2 btiL HOU38 NMONIlNnH 20:VT MOE�—SO—nON N 0 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties_ 19. SECTION HEADINGS The titles, captions, section, paragraph and 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. 20. INTERPRETATION OF THIS AGREEMENT The Ianguage 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 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 nereelfgrmslprofservlol7 5101 8 2Ti60'd 2ZST J7LZ PTL HOU39 NOIJNI1NnH SO:PT 200Z-SO-WN which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORICI NAL 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 duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for Rill compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the Ignited States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRAC-MG PRQHIB)�TED, 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. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, as—yfo-leprorscry 10/15/01 9 2T/OT'd ELST bLE VTL HOd39 NUONIiNnH tiO:VT Zooz-so-00N each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GnVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27_ ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive =fs length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the enure agreement between the parties respecting the subject matter of this Agreement, and supercede all prior - understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agrve/forms/profsen• 1Qn 5101 10 ET/TT'd ULST b2,2 bTL HDU39 NMUNIlNnH 170:bT E00E-SO-MN y � J IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, Bryan A. S t i r r a t s Assoc. a muni i corporation of the State of California Director of By: Ghassa E. An raos print nwe ITS: ect are} Cw-mnd-lll ke Presi AND By — - f ra~R R. Sr' y e r 1-l"kitatmr ITS: (circle om) s=,- chiciFinamw Oho /Assi. *grW armslpmf= vlonsro I II To HMIC APPROVED TO FORM: Cr 'ty Attorney R E---' WED AND APPROVED: City Administrator (m dy for aantraers over S30,000.00) S:T/ZT'd 2LST PLE vTL HDEi3EI N019NIlNnH VO:VT ZOW—GO—AON OYAN A. STIRRAT & ASSOCIATES 1360 Valley Vista Drive Diamond Bar, California 91765 (909) 860-7777 SCHEDULE OF CHARGES PERSONNEL HOURLY RATE Principal (P) $170 Principal Engineer (PRE) $150 Division Engineer (DE) , $142 Project Administrator (PA) $134 Senior Project Manager (SM)RChief Engineer (CE) $132 Project Manager (PM) $123 Project Engineer (PE) $112 Engineer V (E-V) $100 Engineer IV (E-IV) $91 Engineer III (E-111) $85 Engineer It (E-tt) $80 Engineer I (E-1) $68 Engineer (E) $57 Project Designer (PD) $99 Senior Designer (SDD) $92 CADD Designer/Drafter (CD) $89 Designer (DD) $83 Senior Drafter (SD) $78 Drafter (D) $68 CADD Opefator (CO) $51 Regulatory Compliance Manager (RCM) $103 Senior Regulatory Compliance Specialist (SRS) $96 Regulatory Compliance Specialist (IRS) $80 Senior Environmental Engineer (SEE) $101 Environmental Engineer ill (EE-111) $89 Environmental Engineer II (EE-11) $84 Environmental Engineer I (EE-t) $77 Senior Environmental Scientist (SINS) $98 Senior Environmental Specialist (SES) $87 Environmental Specialist 11 (ES -II) $78 Environmental Specialist 1 (ES-1) $69 Environmental Specialist (ES) $62 Estimator (EySpecification Writer (SW) $86 Landscape Architect (LA) $82 Project Accountant/Analyst (AA) $59 Project Coordinator (PC) $74 Senior Technical Editor (STE) $63 Administrative Assistant (ADA) $65 Data (DP)/Word Processing Secretary (WP) (including equipment) $58 Office Services Clerk (OS) $56 General Clerk (CyTypist (Y) $43 Data Analyst (DA) $66 Construction Manager (CM) $115 Construction Supervisor (CS) . $98 Construction Engineer (COE) $90 Chief Engineering Technician (CT) $82 Engineering Technician V (ET-V) $74 Engineering Technician IV (ET-1V) $66 Engineering Technician III (ET-111) $57 Engineering Technician II (ET -II) $50 Engineering Technician I (ET-1) $42 Engineering Technician (ET) $26 Chief of Survey Parties (CSP) $92 3-Man Survey Party (SP-3M) $204 2-Man Survey Party (SP-2M) $169 1-Man Survey Party with GPS (1 M-GPS) $132 Court Appearance and Related Services (Expert Witness, Deposition, etc.) 1.5 x hourly rate Overtime Premium is 50% of Personnel Hourly Rate. Effective July 1, 2002 through June 30, 2003 RS 193 I of 3 REIMBURSABLE CHARGES THROUGH 6/30/2003 11 In addition to the above charges for professional services (including routine expenses), we require reimbursement for the following items: Reproduction Xerox Copies $ .I O/each (In -House) Color Copies Meach Wide Format Copies .28/sq. R Blueprints .28/sq. fL Velums Msq. ft. Mylars 1.85/sq. ft. Telefax (Outgoing only) Mileage: Personal Vehicle Company Vehicle Company Vehicles Survey Vehicles Other Outof-Pocket ExpenseWSuppliesfreiephone Equipment Usage Consultants/Outside Services Construction Services Per Diem for Living Expenses CADD Computer Usage Field Computer Services OPS Survey Equipment Services RS 193 2 of 3 1.10/page .40/mile .50/mile 6.001hour 6.00Atour Cost + 15% See Attaches! Schedule Cost + 15% Cost + 15% Federal Rates $10.Q0/how $40.00/week $40.001week r jWIPMENT RENTAL RATES through June 30, 2003) TYPE OF EQUIPMENT DAY WEEK MONTH 4 Gas Range Meter CH4, H2S, CO, 02, Sentinel 44 $75.00 $200.00 $500.00 500 Gallon Propane Tank $2I al. n/a n/a 55 Galion Dnims new DOT #17H $35 each n/a n/a 8 Ch. Data Logger $75.00 $200.00 $500.00 Alpha - 1 Personal Sampling Pump $75.00 $200.00 $500.00 Ambient Air/Lan f0l Gas Sampler $100.00 $300.00 $800.00 Ambient Air/LanNl Gas Sampler Double $100.00 $300.00 $800.00 Disposable Bailer $25.00 $100.00 $200.00 AutrAnatic Bailer $75.00 $200.00 $500.00 C,02 Calorimetric Analysis Tubes $20.00 $75.00 $150.00 CO2 Indicator F rite $10.00 $50.00 $100.00 Combustible Gas Meter GX3N/1939OX $75.00 $200.00 $500.00 Cutting of PCC or AC pavement (up to 84n. thick $501hole n/a n/a Oxygen Meter $50.00 $150.00 $300.00 Dup2nt Dosimeter Mark-3 Personal Sample Pump) $50.00 $150.00 $300.00 Flow Calibrator Gilian $50.00 $150.00 $300.00 Gas Extraction Monitor GEM 500 $100.00 $300.00 $800.00 Groundwater Sampler QED Wizard $100.00 $300.00 $800.00 Haz Mat Kit $25.00 $100.00 $200.00 HNu (FID) $100.00 $300.00 $800.00 Lung Sampler Nutech 218 $50.00 $150.00 $300.00 Mini -Ram Data L29ger $40.00 $125.00 $250.00 Mini -Ram Dust Meter $50.00 $150.00 $300.00 Organic Vapor Analyzer OVA128 $125.00 $400.00 $1,000.00 PH/Conductiv' Rem erature Meter H dac $25.00 $100.00 $200.00 Photo Ionization Detector OVM580B $125.00 $400.00 $1,000.00 Sample Train Gas Extraction Pump) $15.00 $60.00 $200.00 Soil Auger/Sampler $30.00 $90.00 $180.00 Soil PH Meter $15.00 $60.00 $200.00 Sounder (Liquid Level Indicator $40.00 $125.00 $250.00 Surface Emission Sampler $50.00 $150.00 $300.00 Transducer with 400 Foot Cable Each $75.00 $200.00 $500.00 Turbidity Meter $25,00 $100.00 $200.00 Wind Speed and Direction Monitors $100.00 $300.00 $800.00 Decontamination Equipment Including: Decon Tub 1 ea., Buckets 2 ea., Brush 2 ea., Stake T-4 ea. Plastic Drop Cloths 12'-10' 1 ea., Plastic Bags -1 box ea., D.I. Water, Caution Tape, Paper Towels 2 rolls ea., Rubber Gloves, Gloves R Liner Trash Bags 10 ea. $25.00 NIA NIA Field Sampling Supplies Including: Duct Tape 1ea., Electric Tape 1 ea., Plastic Bags -1 box, Trash Bags 10 ea., Gloves & Liner 1 box ea., Lab Labels, Aluminum Foil 1 box, Drum Labels 10 ea., Plastic Drop 12'xl0` ea., Small Hand Shovel. OPTIONAL: Filters, Coolers, Ice Jars, Sam le/Purn $30.00 N/A N/A LEVEL C Respirator with Cartridge (full or half faced) Tyvek Coveralls Outer Gloves Glove Liners Neoprene Boots $100,00 NIA NIA LEVEL D (standard) Dust Mask Rubber Gloves Steel -toed work boots Safety glasses $0.00 NIA NIA RS 193 3 of 3 S R 7- 3 5UA: . AC+�RL?�,. ERTIFICA �F LIABILITY INSURAI E BRYAN l DATE (MMrolamYYl 12/11 0z PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Thorson & Assoc. Ins. Ser. . Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#OB60856 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 30 699 Russell Ranch Road #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Westlake Village CA 91362 Phone: 818-889-7240 Fax: 818-889-2580 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Commerce & Industry Ins Co INSURER B: Everest National Insurance Co. Bryan A. Stirrat & Associates Ira Sn INsuRERc: American Intrl Specialty Lines 1360 Vder alley Vista Drive INSURERD: Chubb Custom Insurance Co Diamond Bar CA 91765 INSURER E: COVERAGES THE 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR DO NSR TYPE OF INSURANCE POLICY NUMBER POLICY CTIV DATE MMIDD POLI Y EXPIRATION DATE MMfDD1YY LIMITS A GENERAL LIABILITY MERCIALGENERALLIABILITY CLAIMS MADE OCCUR 4_10M RENEWAL OF: GL417770707/16/02 07/16/03 EACH OCCURRENCE $ 1 , 000 , 000 IT PREMISES {Eaoccurence) $ 50,000 MEA EXP (Any one person) E �j , 000 PERSONAL &ADV INJURY $ 1,000,000 GENE RALAGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC PRODUCTS - COMPIOP AGG $ 1 , 000 , 000 A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp/Coll - $500D RENEWAL OF: CA505339607/16/02 AYPPO'>y ETD AS TO Fo GAIL HUTT07",Cit B 3) : D ,u yr C i tt X: Attorne�p toI 07/16/03 COMBINED NGLELIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) S X BODILY INJURY (Peraccidenl) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO _ Ll AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ C EXCESSIUMBRELLALIABILITY X OCCUR CLAIMSMADE DEDUCTIBLE X RETENTION S10,000 RENEWAL OF: 1950152 07/22/02 07/16/03 EACH OCCURRENCE $ 5, 000 r 000 AGGREGATE $5,000,000 8 E S B WORKERS COMPENSATION AND EMPLOYERS'LFABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below 3900034440-021 07/15/02 07/15/03 TATU X TORY LIMITS ER E.L. EA CH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $ 1 , 000 , 0 00 E.L- DISEASE - POLICY LIMIT $ 1 , 000 , 000 D C OTHER Combined Bldg/font Prot/Pollution Lia 79491124 RENEWAL OF: 529268 09/16/02 07/16/02 10/16/03 07/16/03 3,963,583 Specl/1000D 2,0001000 Per Occ/Agg DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS In the event of non-payment, 10 day notice of cancellation will supersede. 72 CERTIFICATE HOLDER CANCELLATION HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN Attn : Sudi Sho j a NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fax (714)374-1573 2000 Main Street Huntington Beach CA 92648 _ ACORD 25 (2001108) O ACCORD CORPORATION 1988 0 POLICY NUMBER: 4177707 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: 2000 Main St. Huntington Beach, CA 92648 Including of 111114W (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. APPROV M. AS TO FORM : 0L�2, 11LITi'011i, City A ttorne;', By: Deputy C-I- 71 1..ttorney CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 6 HN CITY OF HUNTINGTON BEACH w INTERDEPARTMENTAL COMMUNICATION =�= > TO: CONNIE BROCKWAY, City Clerk77 c� FROM: JENNIFER McGRATH, City Attorney DATE: November 18, 2003 SUBJECT: Transmittal of Original Contract Between City of Huntington Beach and Bryan A. Stirrat & Associates During review of the contract process, Public Works located the attached contract. I am logging and forwarding the original to your office as per the new contract process. Unfortunately, this contract also represents an example of the delays the new contract process is designed to eliminate. If you have addi0onal questions, please contact Paul Emery, Deputy Director of public Works. Q JENNIFER McGRATH City Attorney IMP/ab Attachment: Contract dated 3/11/02 cc: Robert F. Beardsley, Director of Public Works Paul Emery, Deputy Director of Public Works Peter Grant, Principal Admin. Analyst Linda Daily, Principal Analyst, Public Works Paul D'Alessandro, Assist. City Attorney jmp/03memo/Stirrat Contract 11-18-03 0 CITY OF .HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNI-CATI{ TO: Jenni€er McGrath, City Attorney FROM: Robert F. Beardsley, Director of Public Works j RECEIVED DATE: December 2, 2003 DEC 0 3 2003 SUBJECT: Bryan A. Stirratt & Associates Certificate of Insurance City of Huntington Beach City Attorney's Office Attached is the current certificate of insurance for the Bryan A. Stirratt & Associates contract. Please approve as to form and forward to the office of the City Clerk for their records. If you have any questions, please contact Paul Emery, Deputy Director of Public Works, at 536-5482. RFBjg • HUNTINGTON BEACH From the desk of: City of Huntington baach P:O. Box 190 - 2000 Main Street Huntington Beach, California 92648 www.ci.huntington-beach.ca.us Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 RECEIVED j/_ ,�o - 0 3 NOV 21 2003 City of Huntington Beach City Attorney's Office % :�� -71 CZZ& 15 n u A0