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HomeMy WebLinkAboutGEOSYNTEC - 2005-07-24r SU M ity\1 Contracts Submittal to City Clerks Office \\CITY OUFQCBC~ Hunt Beach* j1UH1ING7VN 1005 AUG lb A11,0 To: City Clerk 1. Name of Contractor: Geosyntec 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake - Huntington Central Park Environmental Engineering Services 3. Amount of Contract: $75,000 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer ORIGINAL bonds sent to Treasurer City Attomey's Office Date: 8/15/05 g:/Attymisc/forms/city clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GeoSyntec Consultants, Tnc. FOR as needed Environmental Engineering Services THIS AGREEMENT ("Agreement") is made and entered into this day of L� 20 ilk, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and GeoSyntec Consultants, Inc. , a Florida Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as needed Engineering 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 Eric Smalstig who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15/0 1 -A I 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 "Commencement Date"). This Agreement shall expire on July 31, 2008 , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 years 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 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," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed eweet.? t , Dollars ($ 11S _c�� )• (,�" 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 agree/forms/profsery 10/15/01-A 2 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 "B." 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. 8. 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. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profsery 10/15101-A 3 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. agree/forms/profsery 10/ 1510 1 -A 4 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 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 agree/forms/profsery 10/15101-A 5 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. agree/forms/profsery 10/1510 1-A 6 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 party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Eric G. Engberg, Fire Marshal 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: GeoSyntec Consultants, Inc. Attn: Eric Smalstig 2100 Main Street, Suite 150 Huntington Beach, CA 92648 When CITY's consent/approval 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. agree/forms/profserv10/15101-A 7 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/forms/profsery 10/1510 1-A 8 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/forms/profsery 10/15101-A 9 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. 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 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 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. agree/forms/profsery 10/15/0 1 -A 10 08/05/2005 11:04 4042671102 GEOSYHTEC CEC PAGE 03/03 AUG-04-2005 17:21 714 969 0820 714 559 0820 P.03 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, GeoSyntec Consultant, Inc. CITY OF HUNT'INGTON BEACH a municipal corporation of the State of California (Pursuant To HBMC S3. 03,100) X��2S� t7Pt L..YtE.Q. print name ITS: (ctrcte om) Ghei ORPAPQO"-EHcnt APPROVED AS TO FORM: AND print name ITS: (circle one) Secretory hief Financial Officc .4sst. Scactary —rmasurcr ASMdforms/prvRervl0/15/01-A City Attorney REVIEWED AND APPROVED. City Admm3Stator (only for contracts 850, 000. 00 and over) TOTAL P.03 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized office the day, month and year first above written. CONSULTANT, GeoSyntec Consultant, W- A-3p 9 A L A rcsz- print name ITS: (circle one) C-hasimas4' esi� Nice President AND By: MOT O Inc. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California r r (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: e City Attorn REVIEWED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer City Administrator (only for contracts $50, 000.00 and over) agree/forms/profsery 10/15101-A I 1 EXHIBIT A AVIMM& City ofHim ftton Beach GEOSYNTEC CONSULTANTS The Irvine Community Development Company (ICDC) has proposed a 980-acre residential development (up to 635 homes), private recreation development (32 acres), and open space lands (298 acres) along the Newport Coast in Orange County, California. GeoSyntec is assisting the ICDC design team in the development of the water quality component of the stormwater management plan, a key element in the submittal to the California Coastal Commission for a development permit. Specific tasks include water quality modeling, site planning, and BMP selection and design. The water duality model is being applied to assess potential water quality impacts from the development and to guide the selection, location, and sizing of BMPs. The BMPs include a variety of controls, including source control, on -site measures to regional treatment systems, street sweeping, drain inlet filters, detention basins, and swales/vegetative biofilters. GeoSyntec is also providing technical support to monitoring design and maintenance, and has supported the client in discussions and presentations to the Coastal Commission, the Regional Water Quality Control Board, and environmental groups. PROJECT: SAN DIEGO CREEK NATURAL TREAT EMNT SYTEM MASTER PLAN THE IR VINE RANCH WATER DISTRICT tir no CLIENT: W. Norris Brandt, Assistant Manager (949) 453 5590 >Imm � °� Rvine Ranch Water District 15600 Sand Canyon Ave, Irvine, CA 92616 START DATE: Nov 2001 COMPLETION DATE: Ongoing ESTIMATED PROJECT COST: $500,000 KEYPROJECT Eric Strecker, P.E.: Project Manager PARTICIPANTS: Eric Smalstig, P.E.: Technical Support Bert Palmer, Ph.D., P.E.: Technical Support GeoSyntec is assisting the Irvine Ranch Water District (IRWD) in development of the San Diego Creek Watershed Natural Treatment System Master Plan, probably one of the largest urban stormwater system retrofit projects that have been undertaken in California. The San Diego Creek Watershed is 122 square miles in area and encompasses about 800/o of the Upper Newport Bay Basin. Upper Newport Bay is an important ecological and recreational resource that has established TMDLs for nutrients, pathogens, and sediments. The Plan will set forth the existing and proposed wetland facilities that, along with other required Best Management Practices, will meet required surface water quality standards for San Diego Creek set forth as Total Maximum Daily Loads (TMDLs). The Plan will identify those existing and new facilities that will be used as natural treatment facilities and demonstrate their individual and collective effectiveness at meeting all Federal, State, and local requirements for water quality -in the watershed. Once adopted the various entities within the watershed will know their complete responsibilities to participate in the Plan implementation and operation and maintenance. The Plan will have opportunities to enhance, create, and expand natural and manmade wetlands habitats, and related biodiversity and recreational opportunities. GeoSyntec is also preparing Project Design Reports (20 to 30 percent design) for 13 of the facilities. ...�. .._,...—,.. ....,_ __ ....:..i... ..... - .. . -, .t°....:_<.. ..:. ... F:$ = :.}-3`.•, ,.: ycR'.Yi' �.�F;'1u: _r,ti iF :'.�'it _ _ . 4•:z qrj: .._.-.;tilc..x..x..... __�..._3 <. ..2. _...-.._..._, ..,a,_v. �"..f�_u ._c,. r_ .. rx-.....:r�_�..... �. .... ...+. ....,,. <_-.?...�.,�<-.t_...-.sr_en4;"r«��.:...:,�::.z.,��x`,'�2i�.�£`a .. •:.s_.�:t:.:.:%�l�i�+c..ar�.. 4.1 GENERAL This section describes GeoSyntec's general approach to establish a scope of work, budget, and schedule based on a request from the City and to perform the work based on a generic scope of work. The remaining section provides specific details regarding GeoSyntec's technical approach regarding gas migration and control evaluation, closed landfills, site redevelopment, brownfields, and stormwater management. 34090,Sll= 12 4slteededGerteratF monmentvt Fr7girr�ermgServices City ofHrprtuegton Beach GEOSYNTECCoNsiIL ANTS GeoSyntec is ready to implement the work tasks which may be required by the City. GeoSyntec understands that the scope of work task may include the following components • Monitoring and Inspections • Permits • Studies and Reports • Construction Documents • Grant Applications • Bidding Stage • Preliminary Engineering • Construction Stage GeoSyntec has experience in performing any one of these phases of the project and suggests the following approach: Upon receipt of a request by the City to perform work on a specific project, Mr. Smalstig will suggest meeting with City personnel to better understand the project. GeoSyntec will perform a preliminary review of project documents to be in a position to better define the scope of work, cost, and schedule.. On that basis, GeoSyntec will prepare a draft proposal for submittal to the City for review, comment, and approval. This proposal will include cost for subcontractors, including drilling or analytical laboratory services. (Typically, GeoSyntec requests competitive bids from three drillers and/or laboratories and would suggest that City use the lowest bidder, assuming similar competence and availability). If necessary, GeoSyntec will develop a work plan describing the proposed work in more detail. The work plan may include details of the approach, procedures, and methods that will be used to perform the work. When available, GeoSyntec uses methods recommended by ASTM or USEPA. The work plan will then be submitted for approval by the City of Huntington Beach and later approval by the appropriate regulatory agencies. if field work is involved, GeoSyntec will also prepare a site- and activity -specific health and safety plan GeoSyntec will then perform the work which may start with a review of available project documents and include field work (soil, soil gas, stormwater, surface water, groundwater sampling, drilling, well installation, construction monitoring, field inspection, or other field activities) and laboratory chemical analysis. GeoSyntec will also be available to perform data compilation, evaluation and/or analysis, modeling_ of gas, groundwater, or air movement and chemical migration analysis, risk assessment and preparation of reports for submittal to the City in draft format. The report will include graphics, tables, and figures developed using GIS or CARD. The report will be peer reviewed and senior reviewed before submittal to the City. Comments from the City will be included in a final report that could be transmitted to third parties, including regulatory agencies, as required by the City. GeoSyntec's staff will also be available to present project information to the City Council or regulatory agencies. 4.2 GAS C®R17 Er OL Ai+9®LR1%1ZA'PION EVALUATION If consulted on an issue related to the presence or migration of gas in the subsurface, GeoSyntec may suggest one or a combination of the following steps: • evaluation of historical land use around the site; • evaluation of geology and hydrogeology; ® consideration of potential presence of oil production fields, wetlands, or landfills in the area; • soil gas survey (focusing initially on methane gas and NMVOC)/soil gas sampling; • speciation of chemicals contained in gas samples; • isotope testing; 34090-S1.DOC 13 As-NeededGer�ralF-wiromientd Esgwering&rvices ® City of Flurrtireg m Beoch GFX).SvNTEC CONSULTANTS • analysis of potential sources of gas; • analysis of potential pathways in the subsurface; - • analysis of gas signatures; • synthesis of data to develop a preponderance of evidence; and • risk assessment, if required GeoSyntec will also be in a position to suggest methods to mitigate gas migration, as indicated in Section 4.4. 4.3 CLOSED LANDFILLS Based on GeoSyntec's experience, some of the issues at closed landfills include management of settlements, landfill gas migration, potential impact to groundwater, and stormwater percolation through the cover. These issue apply to both undeveloped and redeveloped closed sites. GeoSyntec has developed a number of methods to address some of these issues, as described below: • preparation of grading plans which integrate the impact of fugue settlement into the grade to maintain drainage; • compaction of the refuse by preloading or deep dynamic compaction; • use ofphyto-soil covers; - ® use of smart irrigation systems; ® use of capillary -break covers; • innovative design and operation of gas extraction systems; • gas barrier designs; and ® use of natural attenuation (including in -situ bioremediation) to address ground water impacts. GeoSyntec will be happy to share these approaches in more detail and apply them to specific issues. faced by the City in closed landfills. 4.4 SITE RED LOPl1flENT/BRgWNFlELD GeoSyntec has planned and designed a number of different site redevelopment projects, including residential, retail, industrial, or park type use on various sites, including Superfimd sites, oil production sites, landfills, and contaminated properties. Some of the issues faced by GeoSyntec and the solutions developed by GeoSyntec to address these issues are listed below: • Development of clean-up levels based on PRGs or based on site -specific human health -based risk assessment to facilitate design of the reuse plan; • Design of building protection systems by using geomembranes or spray -on membranes to protect structures from vapor intrusion; • Use of active or passive venting systems below structures to prevent the accumulation of vapors below structures; • - Excavation of hot spots of design of an adapted reuse plan to allow safe and optimal use of the available land; and • Detailed evaluation of potential vapor intrusion in building using the recently published EPA vapor intrusion manual (partially written by GeoSyntec sta$). 34090-St .DW 14 As -Nee&& Gmerar EnOwune► d F.nguzeering3ervices City ofhlia?&gton Beach GEOSYNrEC CONSULTANTS 4.5 WE I LAND USE AS A T REA T MENT SYSTEM The following describes a typical approach to evaluating the suitability of wetlands as a treatment system. This is provided as an example of an approach to stormwater management: a site visit and existing data collection and analysis; ® jurisdictional wetland assessment; a identification of potential sensitive habitat and species; a water quantity and quality assessments; and 0 conceptual design of the natural treatment system, including description ofhabitat and wetland size and configuration as well as maintenance requirements. Examples of such designs can be provided by GeoSyntec at the request of the City. 5.1 SCHEDULE OF HOURLY RATES GeoSyntec proposes to charge for its services on a time and material basis with a not -to -exceed limit for each task order. Under this fee structure, GeoSyntec would be reimbursed for actual hours expended and reimbursable expenses up to the not -to -exceed limit established for each task order by the City of Huntington Beach and GeoSyntec per the work authorization. GeoSyntec proposes to use the rate schedule presented in Table 3. GeoSyntec proposes to use the Consumer Price Index (CPI) for urban wage earners and clerical workers for the Los Angeles/Riverside/Orange County areas from the U.S. Department of Labor, Bureau of Labor Statistics as a basis for an annual escalation of the schedule. 5.2 CONTRACT AND INSURANCE GeoSyntec has reviewed the contract proposed by the City of Huntington Beach. GeoSyntec agrees with the terms and conditions of the contract, but would appreciate consideration. of two suggested modifications, including: ® addition of a force majeure clause in Section 3; and clarification of the hold harmless clause by adding "to the extent' in Line 5 of Section 8 before "arising out of" GeoSyntec maintains the levels of insurance required by the City as shown in the copy of GeoSyntec's certificate of insurance (Table 4). GeoSyntec would like to inform the City of Huntington Beach of its $300,000 self insurance retention or deductible, which will be covered by GeoSyntec. GeoSyntec's financial strength is more than sufficient to cover this deductible (GeoSyntec's financial data can be provided to the City upon request). 5.3 REFERENCES GeoSyntec prides itself on the fact that over 85% of its work is repeat business, while most of the remaining 151/6 of its business is based on referrals. Letters of reference from existing clients have been included in Graphic Exhibit 2: In addition, GeoSyntec received the Small Business Contractor of the Year award from NASA, as shown in Graphic Exhibit 2. . 34o94-Sk.DOG 15 As -Needed Gw&W E»mmnental Engimerft Services Bert Palmer, Ph.D., P.E Project Director Senior Reviewer • Brownfield - Closed Landfills - Greg Corcoran, P.E. - Bert Palmer, Ph.D., P.E. 34090.ORO.PPT • 5tormwater Mgmt. • Wetlands • Natural 'Treatment Sys. Eric Strecker, P.E. • Grants • Research Studies Neven Matasovic, Ph.D., 1 P.E., G.E. Eric Smalaeig, P.E. Project Manager Mike Reardon, P.E. (Alternate Project Manager) Gas Control/Migration Evaluation - Henty Kerfoot - Mayne Nakagawa, P;iw Biological Issues and Permitting Gary Medelros (BonTerra) ,hack Peng,'Ph.D., C.I.H. Hearth & Safety Susan Bright Project Administrator • Air'Quality • Risk Assessment Ruth Custance, MPH Site Investigations Mike Reardon, P.E. • Hydrogeoiogy • Drinking Water Alan Bradford, R.G., C.Hg Design & Prep.- Of Cost Estimates Greg Corcoran, P.E. Staff of Over 400, including Engineers, Hydrogeologists, Geologists, Planners, Biologists, GIS Specialists, CADD Designers, Construction Managers, CQA Personnel, and Administrative Personnel GeoSy6 Asultants TABLE 1 ♦� SUMMARY OF KEY V TECHNICAL PERSONNEL� QUALIFICATIONS �cY p 409 w C� 4 GEOSYNTEC oa, o °a W�Q w �40 �° O �AW °Z CONSULTANTS o a' �bo' Eric Smalstig Project Manager B.S. Civil Engineering P.E. 12 Mike Reardon Alternate Project M.S. Environmental P.E. 7 Mana er En incerin ® w Bert Palmer Project Director/ Ph.D. Civil Engineering P.E. 20 Senior Reviewer Greg Corcoran Technical Support M.S. Civil Engineering P.E. 12 # Eric Stecker Technical Support M.S. Civil Engineering/ P.E. 17 Fishery Science Wayne Nakagawa Technical Support M.S. Chemical P.E. 18 En ineerin Henry Kerfoot Technical Support M.S. Chemistry C.E.M 23 Ruth Custance Technical Support M.S. Environmental .... 16 Health Science Alan Bradford 'Technical Support M.S. Hydrogeology R.G./ 13 Chg. Neven Matasovic Technical Support PILD. Civil Engineering P.E. 9 � Clary Madeiros Technical Support B.S. Social Ecology ---- 22 1M Jack Peng Director- Ph.D. Environmental C.I.H. 18 Health and Safety Specialist Health & Safe I lHealth Science * Indicates Area of Technical Specialty 340WTable 1 xis 10/15/2003 t TABLE 2 A. o0 000 c SELECT PROJECT Y. oa0 �o s �q try EXPERIENCE $ �`y`°g GEOSYNTEC �°' �°�� ro �h oq�4o�` � o�� y4 L`Q� a��° V 5� CONSULTANTS �0 10 0 ado alp Sparkes Pit Landfill Coyote Canyon Landfill YucaipaLandfill ® 0 Tri-Cities Landfill Sunshine Canyon Landfill to Hoag Hospital Home Depot Retail Stores s Newport Banning Ranch ® ® ® e ® e MCAS El Tom ® ® a 0 San Diego Condominium ® 0 0 Fire Dept Presentation Bolsa Chita LWMD Landfills ® ® ® ® ® e, Playa Vista ® p e Crystal cove ® B San Diego Creek Master Plan Royal Mountain King Mine Linear Park Fieldstone Property Ascort Landfill ® ® g Heaps Peak Landitli Weiser Look Facility South Lake Tahoe ! MtBE Lancaster Landfill Metaline Fails Okada Landfill GeDsynta Consultants 34090\Table2.xh 10/1512003 ash Ciry of Hannngron Beach GEOSYNTEC CUNsuLTANTB LIST OF REFERENCES GEOS N EC CONSULTANTS Mr. Kevin Kondru, P.E. Section Manager, Regulatory Compliance Orange County Integrated Waste Management Dept (714) 834-4056 Mr. Paul Siangarel la Partner Latham and Watkins (714) 540-1235 Mr. Janes Dra„gna, Esq. Partner Bingham McCutchen (213) 680-6446 Ms. Poiin Mandanlou Project Manager Orange County Local Redevelopment Authority (714) 834-2742 Mr. J.T. Lttn, PM. Senior Water Resource Control Engineer Los Angeles Regional Water Quality Control Board (213)977-7907 34090-s1.D©C Mr. Leonard Anderson. Esq. Counsel West Newport Oil Company (949) 650-40M Mr. Steven Fortune, P.E. Head, Solid Waste and Construction City of Los Angeles (213) 473-7855 Ms. Colleen Doyle, Esq. Partner Bingham McCutchen (213)680-6400 Ms. Dude Lass, R.G. Head Landfill Section Santa Ana Regional Water Quality Control Board (909) 782-3295 Nis. Candace Gibson Technical Representative San Diego County Waste Group (858)874-4051 As -Needed General bMmranenrat. Engineering Services EXHIBIT B City of Huntington Beach GEOSYNTEC CONSULTANTS TABLE 3 RATESCHEDULE GEOSYNTEC CONSULTANTS (Rev. June 2005) Engineer/Scientist Rate/Hour Staff Professional $ 94 Senior Staff Professional $ 109 Professional $126 Project Professional $141 Senior Professional $162 Associate $190 Principal $212 Field Services Engineering Technician $ 60 Senior Engineering Technician $ 66 Field Manager $ 74 Site Manager $ 84 Field Superintendent $ 95 Design, Graphical, and Administrative Services Designer $ 98 Senior Drafter/Senior CADD Operator $ 91 Drafter/CARD Operator/Artist $ 80 Administrative Assistant $ 62 Technical Word Processor $ 56 Clerical $ 49 General Direct Expenses Cost plus 6% Subcontract Services Cost plus 9% Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $ 15 Personal Automobile (per mile) GVT Rate Photocopies (per page) $ 0.06 Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. 34090-S 1.DOC As -Needed General Environmental Engineering Services 2. Date: June 23, 2005 lity0j 3. Name of contractor/permittee: GeoSyntec Consultants, Inc. 4. Description of work to be performed: As needed Environmental Engineerinq Services 5. Value and length of contract: 3 years, up to $20-99 %1 `AS ,ono L`�w4 \ 6. Waiver/modification request: General/Professional liability deductible/cancellation 7. Reason for request and why it should be granted: Unable to comply with the City's zero deductible and cancellation clause wording requirements. 8. Identify the risks to the City in approving this waiver/modification: None Department Head Signature Date: Signed Waiver.doc June 23, 2005 8:50 AM Marsh, Inc. 7/13/2005 9:27 AM PAGE 2/003 Fax Server COMPANY Sill 127-ALL-CMI4M-45 HUNT) A COMMERCE AND INDUSTRY INSURANCE COMPANY NSU:�D COMPANY GEOSYNTEC CONSULTANTS, INC. 8 AMERICAN INTERNATIONAL SPECIALTY LINES 5901 BROKEN SOUND PARKWAY NW, SUITE 300 BOCA RATON, FL 33487-2775 COWMPANY i C NIA COMPANY D IRS IS TO CERTIFY THAT POLICES (IF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POKY PERIOD INDICATED. f NOW TH3iANDING ANY REQU REMNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIN RESPECT TO V"CH THE CERTIFICATE MAY SE ISSUED OR MAY 4 PERTAIN, THE INSURANCE AFFOROM BY THE POLICES DESCRIBED HEREIN ISSUSELT TO ALL THE TERM A CONDITIONS AND E3 MUSIONS CF SUCH POLICIES AGGREGATE UNITS84ONHMR/ HAW BEEN REDUCED SYPAID CLAIMS f� d0 Lw TYPE OF INSURANCE POLl"NUMBER PCKX;PEFFE07M DATEVIVIDIm) POLICY EXPIRATION DATE fMXM Mf) UINITS A GENERAL UJkBLM GL4178618 fiM/04 0=105 tENERAI_AGGREGATE # 2,000,000 PRODUCTS -COMPAopAGG S 2,OKOOD X 00MMERCA_ GENERAL UABILITY f CLAMSMIDE ® OCCUR PERSON& & ADVIN.IURY g I,00w EiCHOCCURRENCE 1.000,000 CMINERS&CtNTRACTOR'SPROT F X X SIR = $100.0W FEDAMAGEjAmesrd� $ 100,000 MED EXP OAe $ 25,000 A A A AUTONGWELUIBItTY X X X A'JY AUTO ALL OWED AUTOS SCHEDULED AUTOS HIRED AUTOS MN -OW 7NED AUTOS CA5053937(ADS) CA1955450 (TX) CA1955451 (MA) AP O M104 090104 OW01104 AS - h7n�y9®� wolm5 0 Dims 0m/05 �y *'MilM `�'4 CONRNEDSNGI-ELIMI7 $ 1,000,II00 SODALYINJURY Fes' Pe—* SOOLYINJURY i - $ PROPERTYDAMAGE S GAP"LiA�/7Y MY AUTO 7 J E C �YiCGR A it1�rS i Rmy �O �Y-EA ACCIDENT OTHER THAN /1UTO ONLY: ---- i!- EACH ACCIDENT Y AGGREGATE S B EXCESSLMMUI Y X UMBZELLAPCRM OTHERTHANUMSRELLAFORM BE8085825 OWMI04 0IId01105 EACH OCCURRENCE $ 10,000,000 tIR # 1fl000 A Y uKRtNC wwtNSAfwm Q9/Iii/�4 09+01/05 YYGSTATIt- OTH X TORYLIMDT'S ER :p-- - -- ---- - - A EAPLOIIERSLM3kiTit 9882857 (CA) OM104 =01/05 EL EALI# ARDENT S J1,000,000 A �iN� X INCL �%9�2MO (NJ) 09 1/04 �101 Im5 EL D ISEASEJ)CLICYUMD7 S 1,000,000 ERSEXE� OFFICERS ARE GIBER EXC. EL DISEASEJ=ACH EMPLOYEE S 1,OOQ000 B Prokmionai Liability 19549.04 O9ttM/04 CM/05 Each Ck&WAWegde 5,000,800 SIR: 300,000 DESCRrTM OF CPF1tA710NmLOCAi1IOISNEIICI.E&EPECLii.]ITEMS - -- CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES ARE INCLUDED AS AD04TIONAL INSURED WMERE REQUIRED BY WRITTEN CONTRACT, EXCEPT FOR WORKERS COMPENSATION, SHOULD ANY OF THE BE CANT,LED 3EFOAE THE E VWATIOAO DA7E THE OF, IMF WARM A#OIAMM f:01EMGF VALt MWAMW MAIL —Q DAVE MA MEN NOr4z TO TW CITY OF HUNTINGTON BEACH ee►711FICATE Napa NIVAM N9U9X ATTN: C14RIS MENDOZA, RISKMANAGEMENT 2000MAIN STREET HUNTINGTON BEACH, CA 92M ARAH USA INC. pp Frances Sigurar i • ,,d*".4 Marsh, Inc. �1-28-,�5EI4 19e�9 7/13/2005 9:27 AM PAGE 3/003 Fax Server frar AN FHA IC IS403m T-m P.003I@83 H2T mly Tt is mWwownent a 1101 Ate. 09M /2Oa4 %er+ns a par[ of poWY No-6L 417-8&lB i BUW 10 GEWWRE COMLTAM, MC by CM20M AND DWUB RY VUVRAPM CMWW Tm pip CHAMM 1M POUCT. *MSAM FMW IT OAfOMMY ADOTID*ALMWJMW-VMWaeotrw uOMCMnRACTORAWMMM Vift aldbFSOMW MX pValdbdUrA*r0e C OMMEWAL. GERMa L ARRY CXl1 EMM FORMA . c t Tt� CITY OF BMW30= RKAM. ITS AGE=s OS81CW AHD ffi'%OY= AS AT VrffMM 33 61712 tMl) Arm Cgpi A go4 PROFESSIONAL SERVICE CONTRACTS PURCHASING CERTIFICATION RECEIVED 1. Requested b : Chief Eric En ber q Y g 9 MAY 19 2005 2. Date: May 16, 2005 FIRE DEPARTMENT 3. Name of consultant: Geosyntec 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form. 5. Amount of the contract: $2'6;8e8-8e 1. `,.S, I `,y-� ��'Q 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 10065201.69365 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 11. Attach list of consultants from whom proposals were requested (including a c ntact telephone number). 12. Attach proposed scope of work. Q" 13. Attach proposed payment schedule. •� • ��� `° I " Lo RI HARD A ADRIL, Manager Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Contract for Geosyntec 5/17/2005 11:14 AM