HomeMy WebLinkAboutENVIRON - 2000-04-28i
To:
Via:
Via:
From:
Date:
SUBJECT:
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
Connie Brockway, City Clerk
Gail Hutton, City Attorney
Ray Silver, City Administrator
Michael P. Dolder, Fire Chief/Information Systems Director
April 29, 2000
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PROFESSIONAL SERVICES CONTRACT BETWEEN CITY AND ENVIRON FOR
ENVIRONMENTAL CONSULTING SERVICES — COMPLIANCE WITH HBMC
CHAPTER 3.03
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The Fire Department desires to engage and contract for consulting services on environmental and soil
remediation issues in the City of Huntington Beach. The Fire Department needs the ability to select from
one or more highly professional firms to prepare programs r6garding high profile and publicly sensitive
sites. To comply with Chapter 3.03 of the Huntington Beach Municipal Code (HBMC), we have requested
formal written proposals from the following three (3) qualified consultants. Based on the development
project, the Fire Department would utilize the appropriate vendor on an as -needed basis. Therefore, we are
proposing professional services contracts with each vendor.
1. ENVIRON International Corporation
Robert L. Powell, President
2010 Main Street, 91h Floor
Irvine, CA 92614
949-261-5151
3. BROWN AND CALDWELL
Wojciech Bajsarowicz, Vice President
16735 Von Karman, Suite 200
Irivne, CA 92606
949-660-1070
2. McCULLEY FRICK & GILMAN, Inc. (MFG)
640 North Tustin Avenue, Suite 101
Santa Ana CA 92705
714-973-3090
Attached is the contract for Environ International Corporation. The Certificate of Insurance from Environ
has been approved as to form by the City Attorney's Office and the original is on file in Risk Management.
The provisions of HBMC Chapter 3.03 have been complied with.
If you have any questions or need additional information, please call my office at ext. 5402.
MPD/DSO/bjg
s:fmt\olson\Environ compliance to h c
Attachments
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ENVIRON FOR ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into this A day of nrr" L
2000, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and Environ, a Virginia corporation, hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide consulting
services regarding environmental issues in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide environmental consulting services to CITY on an
as -needed basis. These services shall include, but not be limited to, the following: (1) evaluate
and/or prepare Phase I, II and III site assessments; (2) select, prepare and present remediation
strategies; and (3) prepare and present audio, visual and computer -aided programs regarding
CONSULTANT's investigations and analyses. These services shall sometimes hereinafter be
referred to as the "PROJECT."
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CONSULTANT hereby designates George Linkletter, Managing Principal, who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this AGREEMENT.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this AGREEMENT.
3. TIME OF PERFORMANCE
Time is of the essence of this AGREEMENT. The services of CONSULTANT
are on an as -needed basis. CONSULTANT shall commence its services as soon as practicable
only after receiving written instructions from CITY regarding a specified project or task. Once
CONSULTANT receives the written instructions, CONSULTANT shall use all commercially
reasonable efforts to complete the requested project as soon as possible, unless the parties agree
to a specific completion date.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis, based on the fee scheduled attached hereto
as Exhibit "A" and incorporated into this AGREEMENT by this reference. Under any
circumstances, the total fee, including all costs paid to CONSULTANT under this
AGREEMENT shall not exceed twenty thousand dollars ($20,000).
EXTRA WORK
In the event CITY requires additional services not included in Section 1 above, or
changes in the scope of services described in Section 1, CONSULTANT will undertake such
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work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. If CONSULTANT provides services to CITY under this AGREEMENT
pursuant to a written request by CITY to proceed with a specific project, CONSULTANT shall
be entitled to monthly progress payments at the compensation set forth in Section 4 above
toward the fixed fee set forth herein.
B. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on
any such product, CITY shall identify specific requirements for satisfactory completion. Any such
product which has not been formally accepted or rejected by CITY shall be deemed accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the
provisions of this AGREEMENT; and
5) For all payments include an estimate of the percentage of work
completed.
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Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this AGREEMENT,
CITY shall promptly approve the invoice, in which event payment shall be made within thirty
(30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld.
If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the
reasons for non -approval within seven (7) calendar days of receipt of the invoice, and
CONSULTANT's services shall be suspended until the parties agree that past performance by
CONSULTANT is in, or has been brought into compliance, or until this AGREEMENT is
terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY
shall be invoiced separately to CITY. Such invoice shall contain all of the information required
above, and in addition shall list the hours expended and hourly rate charged for such time. Such
invoices shall be approved by CITY if the work performed is in accordance with the extra work
or additional services requested, and if CITY is satisfied that the statement of hours worked and
costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute
between the parties concerning payment of such an invoice shall be treated as separate and apart
from the ongoing performance of the remainder of this AGREEMENT.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may be used by CITY in the completion of the
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PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data
prepared hereunder.
8. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and save and hold harmless
CITY, its officers, officials, and employees, and agents from and against any and all liability, loss,
damage, expenses, costs (including without limitation costs and fees of litigation of every nature)
arising out of or in connection with CONSULTANT'S '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. CITY shall be reimbursed by CONSULTANT for all
costs and attorney's fees incurred by CITY in enforcing this obligation.
9. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder. CONSULTANT shall
maintain workers' compensation insurance in an amount of not less than the statutory limits.
CONSULTANT shall require all subcontractors to provide such workers' compensation
insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a
certificate of waiver of subrogation under the terms of the workers' compensation insurance and
CONSULTANT shall similarly require all subcontractors to waive subrogation.
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10. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form, which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
11. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate.
A claims -made policy shall be acceptable if the policy further provides that:
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A. The policy retroactive date coincides with or precedes the
CONSULTANT's start of work (including subsequent policies purchased
as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. 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.
D. The reporting of circumstances or incidents that might give rise to future
claims.
12. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be'suspended, voided `or canceled
by either party,'reduced"in coverage orin 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.
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CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the AGREEMENT.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
13. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and
be responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
14. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this AGREEMENT
by CITY shall be made in writing, notice of which shall be delivered to CONSULTAN, T as
provided herein.
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15. ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
16. 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.
17. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall
have any financial interest in this AGREEMENT in violation of the applicable provisions of the
California Government Code.
18. NOTICES
Any written notice or required submittals, given under the terms of this
AGREEMENT, shall be delivered personally or mailed, certified mail, postage prepaid,
addressed to the party concerned as follows:
TO CITY:
Fire Chief
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
19. IMMIGRATION
TO CONSULTANT:
ENVIRON
Attn: George Linkletter, Managing Principal
2010 Main Street, 9th Floor
Irvine, CA 92614
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.
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20. 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.
21. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
22. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
AGREEMENT between the parties.
[SIGNATURES ON NEXT PAGE]
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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.
ENVIRON, a Virginia corporation:
By:
l�bvx� L • f owl!(
print name
ITS: (circle one) Chairma resi en ice President
AND
By:
G s
p int name
ITS: (circle one) Secreta hief Financial O /Asst
Secretary — Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California: ��
APPROVED AS TO FORM:
` ��ity Attorney n„�-) t /�,%�
a $
REVIEWED AND APPROVED: �f/Zg/C-d
City A ministrator
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ATTACHMENT 1
E N V I R 0 N
Facsimile Cover Letter
Date: November 1, 1999
To: Capt. Tim, Greaves
Company: Huntington Beach Fire Department
Fax Phone No.: (714) 374-1551
From: George O. Linkletter
Total Number of Pages (including this cover page): 1
Comments/Special Instructions:
Ins response to your voicemail from late last week, ENVIRON proposes the following rates for your
consideration: w
Principal
$165
Manager 10
$150
Manager 9
$130
Manager 8
$115
Senior Associate 7
$90
Associate 6
$70
.Associate S
$60
Associate 4
$50
Support Staff
$50
As I had indicated previously, we would appreciate the opportunity to meet with you to discuss the
types of activities you would envision ENVIRON undertaking if selected to assist you.
Please contact me if we can provide any additional
information.
(ENv_FAX.TW]
.2010Main S&&W - 91h Floor - Mine, Calljor"14 92614 - USA - TeL• (949) 261-51s1 - Fax (949) 261-6202
ATTACHMENT 2
Client 435 ENVIRINTE' lD -risk 1 .. Vr\
;iCb , CERTIFICSFE OF LIABILITY INSURANCE
03/`27/ o
PRODUCER
Deal ey, Renton & Associates
P: O. BOX 12675
Oakland, CA 94604-2675
510 465-3090 Edi Barrow
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
ENVIRON International Corp.
2010 Main Street
Irvine, CA 92614
Attn: Cathy Boyd
INSURER A:Rellance National Indemnit Co.
INSURER B:Fireman ' s Fund Insurance Co.
INSURERC:Intercargo Insurance Company
INSURERD:Greenwich Insurance Compan 21
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.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATIONLTR
LIMITS
D
GENERALLIABILITY
GEC0000901
01/31/00
01/31/01
EACH OCCURRENCE
$1 000 000
FIRE DAMAGE (Anyone fire
s 3 0 0 0 0 0
X COMMERCIAL. GENERAL LIABILrrY
CLAIMS MADE[g]OCCUR
MED EXP Any one person)
$ 5,000
PERSONAL & AOV INJURY
$l 000 000
GENERAL AGGREGATE
s2,000,000
GENI-AGGREGATELIMITAPPLIESPER:
PRODUCTS -COMP/OPAGG
s2,000,000
POLICY X PRO X LOC
B
B
AUTOMOBILE
LIABILITY
ANYAUTO
MXX80724382
MZA80206607-TX
01/31/99
01/31/00
01/31/02
01/31/01
COMBINED SINGLE LIMIT
(Ea accident)
$l 000
, ,0 00
X
BODILY INJURY
(Per person)
$ .
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Par
$
HIRED AUTOS
NON -OWNED AUTOS
l� �'
i
Ap�}i J —n �5
. ,,;.,•.•�'�
`� � F0•
,.,,
X
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
ANYAUTO
B9 a_.,,
r„-
-r �1 �Z"y?p
I
AUTO ONLY- EA ACCIDENT
$
OTHER THAN EAACC
AUTO ONLY: AGG
$
$
B
ExcEssUABILITY
X OCCUR CLAIMS MADE
XEK000962599 2
01/31/00
01/31/01
EACH OCCURRENCE
s 2 5 000,00
AGGREGATE
s25,000,00(
S
$
DEDUCTIBLE
X RETENTION sNONE
c n (c,.A
$
C
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
"A
WEC0000780 ,.OR
—r ..v;;�..
ri:'`•`t `V`
Fv�
y�
0l/'31/00
01/31/ 11
X wCSTATU- OTH
E.L.EACHACCIDENT
sl i 000 000
E.L.DISEASE-EAEMPLOYE
Sl 000 000
E.L.DISEASE-POLICYLIMI
sl 000 000
A
OTHER Professional
NTF251663503
09./26/99
O1/31/02
$5,000,000/claim &
& Pollution Legal
annual aggregate
Liability
-
DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Huntington Beach, its agents, officers, employees and volunteers
are additional insureds to general and auto liability, with primary
insurance per policy form clause. A Waiver of Subrogation applies to
Workers' Compensation coverage.
City of Huntington
Attn: Tim Geaves
2000 Main,Street
Huntington Beach,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Beach DATETHEREOF,THEISSUING INSURER WILL}MG7J XK_RrtAI110 DAYSWRITTEN
NOTICETO THE CERTIFICATE HOLDER NAMED TOTHELEFT,jam%JSTW=QjMVX
CA 92648
ACORD 25.S (7/97)1 Of 1 #M4 3 3 9 CCB 0 ACORD CORPORATION 19813
POLICY NUMBER: GEC0000901
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Huntington Beach
Attn: Tim Geaves
2000 Main Street
Huntington Beach, CA 92648
(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, but only with respect to liability arising out of "your work" for that insured by or for you.
City of Huntington Beach, its agents, officers, employees and
volunteers are additional insureds to general and auto liability, with
primary insurance per policy form clause. A Waiver of Subrogation
applies to Workers' Compensation coverage.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE
POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS
WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE
EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS
WRITTEN NOTICE WILL BE SENT TO THE ABOVE.
CG201011 85