HomeMy WebLinkAboutGeosyntec Consultants, Inc. - 2009-01-27Name of Contractor: Geosyntec Consultants, Inc.
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
As -Needed Environmental Engineering Services
Amount of Contract: $75,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. ❑ to Risk Management ❑
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
C� date:
Name/ xtensi`on �
City Attorney's Office
G:AttyMisc/Contract Forms/City Clerk Transmittal
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GEOSYNTEC CONSULTANTS, INC
FOR
AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES
Table of Contents
Scopeof Services.....................................................................................................1
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate . of Insurance ............................................................................................5
Independent Contractor............................................................................................6
Terminationof Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................11
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GEOSYNTEC CONSULTANTS, INC. _
FOR
AS -NEEDED ENVIRONMENTAL ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into 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 corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
provide as -needed environmental 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.
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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 on 6,1 2061 - (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit
"A" shall be completed no later than
three (3) years_, from the Commencement
Date. 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.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
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
Dollars ($ 75,000.00
5. EXTRA WORK
Seventy Five Thousand
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
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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 (or alleged
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 approve selection of CONSULTANT's counsel. This indemnity shall
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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.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at
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the CITY's election, to forthwith terminate this Agreement. Such termination shall not
effect Consultant's right to be paid for its time and materials expended prior to notification
of termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
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. 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.
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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
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 shaltbe,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.
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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.
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: Bill Reardon, Division Chief/Fire Marshal
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
GeoSyntec Consultants, Inc
Attn: Eric Smalstig
2100 Main Street, Ste 150
Huntington Beach, CA 92648
17. CONSENT
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.
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
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contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract; then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
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.
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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,
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 nonprevailing 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. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the
event that such authority or power is not, in fact, held by the si atory or is withdrawn.
CONSULTANT's Initials
28. 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 parry or
anyone acting on that parry's behalf, which are not embodied in this Agreement, and that
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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 supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by and through their authorized officers. This Agreement shall be effective
on the' date of its approval by the City Attorney. This Agreement shall expire -when
terminated as provided herein.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
GeoSyntec Consultants, Inc. California / , A
COMPANY NAME
% ity Administrator
,� MATED AND APPROVED:
zo A 4e d
print name
ITS: (circle one) Chairman/Presiden ice President
1� e-- Biw4t"/Chief
AND
By:
print name___--,-----__
ITS: (circle one) Secretaryl6hief Financial Officer- Asst.
Secretary - Treasurer
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APPROVED ASJO FORM:
c� I /
1
City Attorney
Date I I �'-7 1 0
EXHIBIT "A"
A. STATEMENT OF WORD:
CONSULTANT shall provide the City of Huntington Beach Fire Department (HBFD)
environmental engineering services as set forth in a written scope of work to be provided in
advance of each individual assignment.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT shall perform third -party review of the current (e.g., site visits, data reviews)
and future (e.g., workplans) site investigation and remediation work and to evaluate if the work
is generally compliant with the City of Huntington Beach Specification No. 431-92 and related
guidance. The work shall be performed by CONSULTANT at the direction of the HBFD.
At the request of HBFD, CONSULTANT shall review documents and reports submitted by
project proponents to the HBFD. Based on the work history of this contract, it is expected.th4t
CONSULTANT will review the following types of documents:
• site data;
• site assessment reports;
• remediation monitoring activities report(s);
• site closure report(s); and
• other investigation, remediation, import material evaluations, and closure status report(s)
for the site.
If needed and requested by HBFD, CONSULTANT shall also review proposed designs for
building protection systems in light of environmentally impacted areas that may remainFQnalhjte.
Upon document review and analysis, CONSULTANT shall advise the HBFD and document its
analysis in brief technical memoranda, if requested by the HBFD.
The memoranda will be submitted in draft format to the HBFD for review and comments.
Following receipt of comments, the report will be finalized by CONSULTANT and submitted to
the HBFD, as appropriate.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. The HBFD will provide CONSULTANT with copies of the project documents which have to
be reviewed (submittal of data in electronic format is preferred to reduce data input effort).
2. CONSULTANT will occasionally meet with representatives of HBFD and prepare review
comment summaries transmitted to HBFD predominantly via electronic mail.
jmp/contracts group/exA/ 1 /21/09 1 of 2
EXHIBIT "A"
3. If maps are requested of CONSULTANT, HBFD will provide CONSULTANT with
electronic basemaps of the site in AutoCAD or ArcView GIS format.
4. Because of the nature of this project, the level of effort estimated by CONSULTANT is
preliminary. Additional budget may be required depending on the actual scope of work
performed by CONSULTANT and the project duration.
D. WORK PROGRAM/PROJECT SCHEDULE:
Based on the complexity of the documents being reviewed, the format of the requested
deliverable, and meeting attendance, CONSULTANT will provide verbal comments to the
HBFD and a summary deliverable via electronic mail generally within 15 working days
following receipt of the document from HBFD.
jmp/contacts group/exA/1/21/09 2 of 2
EXHIBIT "B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
CONSULTANT shall be entitled to payments in accordance to the fee schedule
below:
Total fees shall not exceed Seventy Five Thousand Dollars ($75,000.00). CONSULTANT agrees to
inform the CITY when CONSULTANT is at the point of reaching the maximum limit per year.
CONSULTANT shall not continue with any work effort over the amount of the maximum limit per
year unless first authorized in writing by City authorized representative(s). Any additional work
performed by CONSULTANT shall be based on the 2009 Rate Schedule in Exhibit B.1.
3. Delivery of work product: A copy of every ,,memorandurn, 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.
4. 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
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
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 and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing 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.
jmp/contracts group/exB-1/1/21/09
EXHIBIT BA
GEOSYNTEC CONSULTANTS
2009 DATE SCHEDULE
Engineer/Scientist Rate/Hour
Staff Professional
$105
Senior Staff Professional
$121
Professional
$139
Project Professional
$158
Senior Professional
$180
Associate
$211
Principal
$230
Construction Services
Engineering Technician I
$ 70
Engineering Technician II
$ 75
Senior Engineering Technician I
$ 81
Senior Engineering Technician II
$ 85
Site Manager I
$ 90
Site Manager II
$101
Construction Manager
$110
Design, Graphical, and Administrative Services
Designer $114
Senior Drafter/Senior CADD Operator $103
Drafter/CADD Operator/Artist ' $ 89
Admire Assistant/Tech Word Processor $ 63
Clerical $ 53
General
Direct Expenses Cost plus 12%
Subcontract Services Cost plus 15%
Communications Fee 3% of Professional Fees
Specialized Computer Applications (per hour) $ 24
Personal Automobile (per mile) Current IRS Rate
Photocopies (per page) $ .10
Rates will be adjusted annually based on the US Department of Labor, Bureau of Labor Statistics,
Consumer Price Index for All Urban Consumers
Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.
HBFD2009
DATE
ACORD� CERTIFICATE OF LIABILITY INSURANCE 01/21/20091vrvY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Marsh USA Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1560 Sawgrass Corp. Pkwy, Suite #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Sunrise FL 33323-2858 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Attn: Fax: 212-948-0512 FtLauderdale.certs@marsh.com
S81127-ALL-CAS3-08-09 HUNTI ALL4
INSURED
GEOSYNTEC CONSULTANTS, INC.
5901 BROKEN SOUND PARKWAY NW
SUITE 300
BOCA RATON, FL 33487-2775
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA: Commerce And Industry Ins Co
19410
INSURERS: American International Specialty Lines Ins Co
26883
INSURERc New Hampshire Insurance Company
23841
INSURERD: Insurance Company Of The State Of PA
19429
INSURER E:
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.
NSRI
!LTRINSRCJ
ADD' TYPE OF INSURANCE
POLICY NUMBER
OUCY EFFECTIVE
DATE(MMIDDIYY)
POLICY EXPIRATION
DATE(MMIDDIYY)
LIMITS
A
GENERAL LIABILITY
X .,,X COMMERCIAL GENERAL LIABILITY
GL4178618
09/01/08
09/01/09
EACH OCCURRENCE
1,000,000
DAMAGE TO RENTED
PREMISES Ea occurence
$ 100,000�
MED EXP (Any one person)
$ 25,000:
CLAIMS MADEFX OCCUR
PERSONAL & ADV INJURY
$ 1,000,000;
X Contr.LiabLP�r_�ro}An�rPs,Iate
jX SIR: 100,000
GENERAL AGGREGATE
$ 2,000,000
�GEI ERAL POL GGREGATj LIMIT APPLIES POECR
PRODUCTS -_COMP/OP AG
$ -- 2,000,006.
A
A
X
AUTOMOBILE
X
LIABILITY
ANY AUTO
CA5053937 AOS - • •.
( )''"
CA1955451 (MA)
09/01/08
09/01/08
09/01/09
09/01/09
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,00
BODILY INJURY
(Per person)
$
ALL OVWED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
X
X
HIRED AUTOS
NON-OWAUTOS
TaNED
v ED AS Q F
PROPERTY DAMAGE
(Per accident)
$
/ n
! L
j
GARAGE LIABILITY
AUTO ONLY - EA ACCIDEtg
OTHER THAN EA ACC
AUTO ONLY: qGG
$
$
I ANY AUTO
B
I EXCESSIUMBRELLA LIABILITY
j.... __.' . _�
!...-- OCCUR CLAIMS MADE
I1
UMB8085625
09/01/08
09/01/09
EACH OCCURRENCE
$ 10,000,OOU
_
AGGREGATE
$ 1 O,000,OOO;
SIR:
----'
DEDUCTIBLE
$__----_---10,00a
RETENTION $
C
D
WORKER COMPENSATION AND
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
WC5316328(AOS)
WC5316329(CA)
09/01/08
09/01/08
09/01/09
09/01/09
X VvtrSTATU- OTH-
MIeR
E.L. EACH ACCIDENT
$ 1,000,00
E.L. DISEASE -EA EMPLOYEE
$ 1,000700
E.L. DISEASE - POLICY LIMIT
$ 1,000,00 ,
If yes, describe under
SPECIAL PROVISIONS below
OTHER
I
g
i
Prof. Liability
I
195-19-04
09/01/08
09/01/09
Each Claim / Aggregate 8,000,000
Ded: Each Claim 10,0001
DESCRIPTION OF OPERATIONSILUOATIONSIVERICLt51t AGLUJIVNb AUUtU UY tNUUKatMtIV 1lartWAL rnvvio a
CERTIFICATE HOLDER ATL-001614299-47
CITY OF HUNTINGTON BEACH
ATTN: BILL REARDON/KEVIN JUSTEN
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 KX7,AV Q>(YD MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
PfildlLml�C�CDtiC�tlCB}YAYXit4dQ�(�XD1tiC0�(�15�0]iaD�JdD(XG(QAII�CO)f�fJ6
pof NarsZ UO RA Inc.sE
Eileen S. Yodanis
-------- ---
Y5 (2001/08) 0 ACOR
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Acord 26 (2001/08) Reverse of Pane 1
1. Date: 1 /22/2009
3. Department: Fire
S. Name of consultant:
I
Professional Service Contracts
Purchasing Certification
Geosyntec
2. Contract Number: FIR 00900400
4. Requested by: Duane Olson
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
Attached.
7. Amount of the contract: $75,000
8. Are sufficient funds available to fund this contract?' ® Yes ❑ No
9. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
10. Business Unit and Object Code where funds are budgeted: 10065201.69365
11. Is this contract less than $50,000? ❑ Yes ® No
12. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No
13. Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
14. Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
15. Attach list of consultants from whom proposals were requested (including a contact telephone number).
This agreement is exempt from the bid process, per MC 3.03.080
16. Attach proposed scope of work.
Attached.
17. Attach proposed payment schedule.
Attached.
�H_ <�, -
1i9epartment Head Signature 1
RICH ADRIL_
Central ,Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.
ri^'s-J
Council/Agency Meeting Held:
Deferred/Continued to:
'Approved ❑ Conditionally Approved ❑ Denied y 'ler bigaajre
Council Meeting Date: December 20, 2004 Department ID Number: PW 04-079
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
0
SUBMITTED TO: HONORABLE MAYOR AND qlTY COU I MEMBER
M
SUBMITTED BY: PENELOP L R TH- ITY A,.M TRAT
G' \
PREPARED BY: OBERT F. BEARDSLEY, F' CTOR PU LIC W T ;
SUBJECT: Approve As -Needed Environmental Professional SeWnc'
Agreements o r'
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Public Works Department requires general environmental
engineering services on an as -needed basis. Four qualified firms have been selected to
provide these expert services.
Funding Source: Funds would be made available from currently budgeted programs.
Additional Council authorization will be requested for unbudgeted projects, as necessary.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts
with Stearns, Conrad, and Schmidt dba SCS Engineers, GeoSyntec Consultants Inc.,
KOMEX H2O Science and GC Environmental, Inc.
Alternative Action(s): Do not authorize agreements and direct staff on how to proceed.
This action could delay the procurement of necessary services.
ccD rN\" f\ \J,3CJ
�Or'I WZ 0 - j -o - 600, /o
�� ��111,f0.k'74>J/ - *iq.3d3 - 6c 600, is -
REQUEST FOR ACTION
MEETING DATE: December 20, 2004 DEPARTMENT ID NUMBER: PW 04-079
Analysis: On occasion, it is necessary to employ consultants to address environmental
issues in the City. Often these matters require immediate attention. To provide this service,
four environmental consultant firms will be available on an on -call basis. Project
assignments will be rotated among the consultants, based upon their expertise. Typical
assignments may range from investigation of subsurface gas anomalies and monitoring of
the City's methane gas collection systems to urban runoff water quality monitoring and
services. The proposed contracts allow for a five-year contract term with a total budget not to
exceed $1,000,000 per contract. No new projects will be authorized in the fourth and fifth
years of the contract. This will allow assignments to be completed during the term of the
contract.
Public Works Commission Action: Not required
Environmental Status: Not applicable
Attachment(s)•
1161/93A)
1.
Professional Services Contract with SCS Engineers, Inc.
2.
Professional Services Contract with GeoSyntec Consultants, Inc.
3,
Professional Services Contract with KOMEX H2O Science
i93
4.
Professional Services Contract with GC Environmental, Inc.
RCA Author: T. Broussard
G:\R C A\2004\04-079 Dec 20 Broussard (On Call Environmental).doc -2-
11/1612004 9:15 AM
br
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GEOSYNTEC CONSULTANTS, INC. FOR AS -NEEDED
ENVIRONMENTAL ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into 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 engineering services (non -design) for individual
engineering projects on an as -needed basis as directed by CITY. These services shall sometimes
hereinafter be referred to as the "PROJECT." CONSULTANT will perform all engineering
functions as set forth in a written Scope of Work to be provided in advance of each individual
assignment.
CONSULTANT hereby designates Eric Smalstig, Senior Project Engineer, who
shall represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/2004/GcoSyntec Consultants/4/7/2004 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 February 1, 2009, unless sooner
terminated as provided herein. All tasks shall be completed no later than five (5) 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 are generally to be shown in
individual proposals on an as -needed basis. 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 the original
proposal for as -needed services. In no event shall the total compensation paid to
CONSULTANT pursuant to this Agreement, including all costs and expenses, exceed One
Million Dollars ($1,000,000.00).
5. EXTRA WORK
In the event CITY requires additional services or changes in the scope of services,
CONSULTANT will undertake such 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.
agree/2004/GeoSyn1ec Consultants/4/7/2004 2
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "A."
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
shalt 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 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 Iimitation upon the amount of indemnification to be provided by
CONSULTANT.
agree/2004/GeoSyntec Consultants/4/7/2004 i
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.
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;
agree/2004/GeoSyntec Consultants/4/7/2004 4
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 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
agree/2004/GeoSyntec Consultants/4/7/2004 5
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.
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
agree/2004/GeoSyntec Consultants/4/7/2004 6
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: Director of Public Works
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.
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.
agree/2004/GeoSyntec Consuhants/4/7/2004 7
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 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.
agree/2004/CeoSyntec Consultants/4/7/2004 8
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, 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
agree/2004/GeoSyntec Consultants/4/7/2004 9
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on �,w�C,�Mt3gR dOJ 200--�--.
GEOSYNTEC CONSULTANTS, INC. CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By:
_ dV7
�RRYSA LERATcl�.4
ViPreside t yor
By:
JO C ON
ief Financial Officer
ity Clerk
�j
REVIEWED AND APPROVED: APPROVED AS TO FORM.
&I
Cit Administrator Z1043j it Attorney I .A _(pi
(INT TTIA D APPROVED:
Director of Public Works
agreca004/GeoSyntec Consultants/4n/2004 10
EXHIBIT "A"
Payment Schedule (Fixed Fee Payment)
I . CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
2. 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.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) 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
E) For all payments include an estimate of the percentage of work completed.
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
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 and the
schedule of performance set forth in the written Scope of Work may at the option of CITY be
suspended until the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing 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.
® City of Huntington Beach
GEOSYNTEC CONSULTANTS
j TA1BLE 3
i
RATE SCHEDULE
GEOSYNTEC CONSULTANTS
(October 2003)
1
Engineer/Scientist Rate/Hour
Staff Professional
$ 88
Senior Staff Professional
$ 102 j
Professional
$118
Project Professional
$132 '
Senior Professional
$152
Associate
$178
Principal
$198
Field Services
Engineering Technician
$ 56
Senior Engineering Technician
$ 62
Field Manager
$ 69
Site Manager
$ 79
Feld Superintendent
$ 89 .
Design, Graphical, and Administrative Services
Designer
$ 92
Senior Drafter/Senior CADD Operator
$ 85
Drafter/CADD Operator/Artist
$ 75
Administrative Assistant
$ 58
Technical Word Processor
$ 52
Clerical
$ 46
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) $ 0.05
Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.
34090-St.DOC As -Needed General EnvirownenW
Engineering Services
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GEOSYNTEC CONSULTANTS, INC. FOR AS -NEEDED
ENVIRONMENTAL ENGINEERING SERVICES
Table of Contents
IScope
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 ............................................................................................
5
12
Termination of Agreement ....... ...........................................................................
... 6
13
Assignment and Delegation ......................................................................................
6
14
Copyrights/Patents ................................................. .................................................
6
15
City Employees and Officials .... ....................................................
........................ 7
16
Notices ............................... .........................................................
7
17
Consent .............................. ..............................................................
........ ............. 7
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 ............. ........................... ..............................................
................. 9
25
Survival ..............................................................................................
I .......... I .......... 110
26
Governing Law .........................................................................................................
10
27
Entirety .................................................. I .................................................
.................. 10
S INSURANCE AND INDEMNIFICATION WAIVER
•R D E A ;• R REQUEST
a x
r.
1. Requested by: Todd Broussard, Public Works DEC 01 2004
2. Date: November 29, 2004 crty of Muntfigton Beach
3. Name of contractor/permittee: GeoSyntec Consultants, Inc Hun*'on
4. Description of work to be performed: Consultant for _
related studies to-
5. Value and length of contract: $100K-$200K. On -call on an as -needed basis
6. Waiver/modification request: $300K PL and $100K GL SIRs and 90-day cancellation
7. Reason for request and why it should be granted: Unable to comply with the city's zero
deductible and cancellation clause notification requirements
8. Identify the risks to the City in approving this waiver/modification: None.
Head Signature
1\ 1Z9 L01--i
Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Management / 14/0
Approved ❑ Denied
Signature Date
2. City Attorney's Office
p oved ❑ De
ignatur Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contractfor approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative. Services
im
Marsh, Inc,
11/29/2004 4:39 PM PAGE 2/002 Fax Server
ONCERTIFICATE NUMBER
ATL-0009W48-16
PROtlUCER THIS CERTIFICATE 0 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc. NO RIGHTS UPON THE C8RTIFICATE HOLDER OTHER THAN THOSE PROVIDED M THE
1560 SAAWGRASS CORPORATE PKWY. /fir lO POLICY. THIS CERTIFICATE DOES NOT MEMO, EXTEND OR ALTER THE COVERAGE
SUITE 300It�L.1/ / AFFORDED BY THE POLICE$DESCRIBED HEREIN.
SUNRISE, FL 33345-WO COMPANIES AFPDRDINtD COVERAGE
Attn: WILLIAM BARROWS, F1//Lm1i0erdele.oer%tes@�m�arah.ccoom
COMPANY
81177-ALL-CASH-04U5 A COMMERCE AND INDUSTRY INSURANCE COMPANY
l��"K y//K.G/ l..V
INSURED
CC]MPANY
GEDSYNTEC CONSULTANTS INC.
5901 BROKEN SOUND PARaAY NW, SUI 300
6 AMERICAN INTERNATIONAL SPECIALTY LINES
PANY
C N/A
BOCA RATON, FL 334871775
/,,,,rrr,,,��`�
COMPANY
D
THIS IS TO CERTIFY THAT POLIOES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NCITWTHSIANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VWTH RESPECT TO VMIICxH THE CERTIFICATE MAY SE 1SWED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECTTO ALL THE TERMSI CONDITIONS AND EXCLUSIONS CFSUCH POLICIES AGGREGATE
UMTS IHOWN MAY HAVE SEEN REDUCED BY PAD CLAIMS
CO
LTR
TYPE OF INSURANCE
POLICYEFFECTNE
PCLICYNUMBER
DATE(MMIDONY)
POLMEXPITATION
DATE(MMIDDIYY)
LOA ITS
p
DENERAL
LUUMLITY
GL4178618 09/01/04
-
09/01/05
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS •COMPIOPAGG
$ 2,OW,000
X
COMMERCIAL GENERAL LIABILITY
CLAMSMADE aOCCUR
PERBONALdADVINJURY
S 1,000,000
EACHOOCURRENCE
$ 1,000,000
ONNERS8C04TRACTOR'SPROT
DAMAGE (Any tpofr4
$ 1oo,ow
X
Contr LiablPer Prgi AggrpgatoPRE
X
SIR o 100 000
MED EXP(M me
$ 25,000
A
AUTONO9AELIMILITY
CA5053937(AOS) 09/01/04
I �
=01105
COMBINED SINGLE LIMIT
$ 1,000,000
A
X
ANY AUTO
CA7955450 (TX)
=01103..
09101/05
SOOILYINJURY
p r w—)
$
A
ALL CANED AUTO$
SCHEDULED AUTOS
CAISS5451 (MA) 09/01104
09/01/05
BODILYINAIRY
{Pa 9odit t)
$
X
X
HIRED ALTOS -
NON-ONtNED AUTOS
O
�ST/T Saf1
8V'1f''�/
PROPERTY DAMAGE
$
GARAGE LIABILm
A !1
1 • �,
AROONLY-E AACOOENT
$
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
B
EXCE$8LMBILITY
BE8085625 09/01/04
09/01/05
EACH OCCURRENCE
$ 1(po0,000
AGGREGATE .
$ 10,000AW
X
UMERE-LIAFORM
OTHER THAN UMBRELLA FORM
SIR
$ 10,000
A
A
WORKERS COMPENSATION AND
EMPLOYERSLMILITY
9682858(AOS) 09/01104
9=857 (CA) 09101/04
09/0//05
09/01105
X TCRYLIMIT$ ER
EL EACH ADD DENT
$ 1,000,000
A
THE PROPRIETOR/ X INC.
PARTNERSEXECUTIVE
6FICERBARE: EXCL
WC9W2858 (NJ) 09MI04
09/01105
I
EL DISEASE -POLICY LIMIT
$ 1,000,000
IEL DISEAg-eAW EMPLOYEE
$ 1,000,000
B
Q MR
Prolessional Liability
195.19-04 09101104
09/01/05
Each Claim/Aggepode 5,000,0W
SIR: 300,000
DESCRIPTION OF OPERATIONS&OCATIONBNEHICLESISPECIAL ITEMS
CITY OF HUNTINGTON BEACH, ITS AGENTS OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY
WRITTEN CONTRACT, EXCEPT FOR WORKEhS COMPENSATION.
•
MA D AN/ CF THE POUGSS DES01011) HEREIN BE OkNOELLEO BEFORE THE EVIRATION DATE THEREOF.
THE )kdLMFR APMOINO COWRAOE WU FMOPOW IANI _(Q DAYS WRITTEN HOna TO THE
CITY OF HUNTINGTON BEACH
ATTN: CHRIS MENDOZA, RISK MANAGEMENT
CVRTFCATe HMDIM NAMED HER®H
2000 MAIN STREET
HUN71NGTON BEACH, CA 92648
Wall UBA INC.
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poloy No.GL 41741&16 lmmd to GEOWMM CO WLTANM, WC
by WMMM Mo IA1DIiBW INMRV= CWAN1f
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COMMU CIAL GEMUI L UA1I1IL Y COVERAGE FORM
E3aogbn u - Who lo w eMtned, I., i8 wrAwt&d to ache:
t % t TW CITY 0p Run7NOM DLC10, ITS AGW", OMCERS AND EMPLO B'LS AS A=TZORAL D
i
i
eil7,ztiil�D1)AmNw Cupy
1. Requested by: Todd Broussard.
2. Date: November 18, 2004
3. Name of consultant: Geosyntec Consultants
4. Description of work to be performed: As -Needed services Envir. Engr. Services
5. Amount of the contract: $1,000,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 2_Ar,1KT-�
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 proppsals requested of three consultants?
® Yes, ❑ No
Explanation:
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.
RI ARQAMADRIL, M-aH@ger
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
PurchCert Geosyntec.doc I I/18/2004 4:06 PM
Broussard, Todd
From: Broussard, Todd
Sent: Tuesday, September 09, 2003 9:41 AM
To: Webb, David
Subject: FW: RFP for As -Needed Environmental Engineering Service
Dave, FYI.
Please forward to Mr. Beardsley.
Todd, x5247
-----Original Message—
From:
Lee, Duncan
Sent.
Tuesday, September 09, 2003 9:14 AM
To:
Broussard, Todd
cc:
Lucas, Geraldine
subject.
RFP for As -Needed Environmental Engineering Service
Hello Todd:
Below are the names of the different consultants for the Environmental RFP. The objective is to have approved
professional environmental service contract(s) on -hand so that staff is able to promptly respond to environmental issues in
the City. Staff currently have needs for closed-landfill/methane related projects, and also storm water quality projects.
The list of consultants came from Geraldine, County of Orange Local Health Agency, and various city staff from
construction and design group.
Camp Dresser/McKee
Tait Engineering
Cameron -Cole
SCS Engineers
EMCON/OWT
Geosyntec Consultants
HartCrowser
GC Environmental Eng/Consulting
CH2M Hill
Komex H2O
RBF Consulting
Curbside
TetraTech
If you have other consultant(s) in mind, please let me know, so that I can sent it to them.
Duncan Lee
375-5118
Tracking:
Recipient
Webb, David
Read
Read: 9/9/2003 6:42 PM
1
®e Glib OF HUlllTING" SON BEACH
2000 MAIN STREET CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: At 10,6—
TO: ,E&5y .r e-, ATTENTION:
Nana
,c--2f 00 �ti /SD DEPARTMENT:
qg��6 REGARDING-4
City, Stau, Zip
fir//C�1'
See Attached Action Agenda ItemDate of Approval -42-ow
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
�ci
Clerk
Attachments: Action Agenda Page
CC;
Name
Name
gAollowup/letters/coveritr_doc
Remarks:
Agreement
RCA
Department
Bonds Insurance
Deed Other
RCA �
A ptm=t
Insurance
Other
RCA
Agtoement
Ins
other
Other
RCA
Agrecment
Insurance
Other
RCA
Agreement
Insurance
Other
Department RCA
Insurance
(10) December 20, 2004 - Council/Agency Agenda — Page 10
(Staff to Return to Council at a Date Uncertain to Request Approval of a Grant
Application for Matching Funds.)
Approved 7 - 0
E-12. (City Council) Approve Four As -Needed Environmental Professional
Services Agreements on an On -Call Basis for Public Works Department from 1)
Stearns, Conrad, and Schmidt Consulting Engineers Inc. dba SCS Engineers;
2) Geosyntec Consultants Inc.; 3) KOMEX H2O Science; and 4) GC
Environmental, Inc. (600.10) — Approve and authorize the Mayor and City Clerk to
execute the following: 1) Professional Services Contract Between the City of
Huntington Beach and Steams, Conrad and Schmidt Consulting Engineers, Inc. dba
SCS Engineers for As Needed Environmental Engineering Services; and 2)
Professional Services Contract Between the City of Huntington Beach and
Geosyntec Consultants, Inc. for As Needed Environmental Engineering Services;
and 3) Professional Services Contract Between the City of Huntington Beach and
KOMEX H2O Science for As Needed Environmental Engineering Services; and 4)
Professional Services Contract Between the City of Huntington Beach and GC
Environmental, Inc. for As Needed Environmental Engineering Services. Submitted
by the Public Works Director. Funding Source: Funds would be made available
from currently budgeted programs'. Additional Council authorization will be
requested for unbudgeted projects, as necessary.
Approved 7 - 0
E-13. (City Council) Approve the Addition of a Contract Event Coordinator for
the Fourth of July Celebration and Authorize Additional Budget Allocation
(960.30) 1) Approve utilizing a contract event coordinator to help address the
increasing complexity of the city's Fourth of July celebration, said contract not to
exceed $16,000; and 2) Authorize an additional allocation of $16,000 from the Fourth
of July Fund reserves into Contractual Services Account 20445803.69450 to cover
hiring a contract event coordinator. Submitted by the Community Services Director.
Funding Source: Fourth of July fund reserves.
Approved 7 - 0
E-14 (City Council) Approve Amendmentto the City's Enrollment in a
Microsoft Enterprise Agreement for External Funding (600.10) Approve and
authorize the Acting Information Services Director to execute the attached
Amendment No. 001 to the Microsoft State and Local Government Enterprise
Enrollment. Submitted by the Interim Information Services Director. Funding
Source. Microsoft will provide $30,000 in product support services or a like amount
for the city toward services provided by one of the Microsoft partners for the
implementation of the next generation Microsoft networks (Active Directory).
$25,000 per the attached agreement (Attachment 1) plus an additional $5,000 from a
second Microsoft funding source. authorized in the attached email from Microsoft
(Attachment 2).
Approved 7 - 0
F. Administrative items - None