HomeMy WebLinkAboutGeosyntec Consultants, Inc. - 2009-06-167-
CONTRACTS SUBMITTAL 2TL� u I
CITY CLERK'S OFFICE
n
To: JOAN FLYNN, City Clerk
Name of Contractor: Geosyntec Consultants, Inc.
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
Environmental Engineering Services
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Amount of Contract: $27,500.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
to Risk Management F]
Initiating Dept.
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
Date:
61ae/nefision
City Attorney's Office
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G:AttylviisclContract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AND GEOSYNTEC CONSULTANTS
FOR
ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
Redevelopment Agency of the City of Huntington Beach, a public body of the State of
California, hereinafter referred to as "AGENCY, and Geosyntec Consultants, a
corporation hereinafter referred to as "CONSULTANT."
WHEREAS, AGENCY desires to engage the services of a consultant to
perform environmental consulting servvices at the old Gothard Landfill; and
Pursuant to documentation on file in the office of the Agency 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 perfonn these services,
NOW, THEREFORE, it is agreed by AGENCY 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 Adam King, who shall
represent it and be its sole contact and agent in all consultations with AGENCY during the
performance of this Agreement.
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2. AGENCY STAFF ASSISTANCE
AGENCY 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 �- U ►l Q � �, , 20C9_ (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 one (1) year from the Commencement Date. The time for
perfomlance 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
AGENCY 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, AGENCY
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 twenty seven thousand five hundred Dollars
($27,500.00).
5. EXTRA WORK
In the event AGENCY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake
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such work only after receiving written authorization from AGENCY. Additional compensation
for such extra work shall be allowed only if the prior written approval of AGENCY 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 AGENCY, and CONSULTANT shall turn these materials over to
AGENCY upon expiration or termination of this Agreement or upon PROJECT completion,
whichever shall occur first. These materials may be used by AGENCY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
AGENCY, 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 AGENCY. CONSULTANT will conduct all defense at its
sole cost and expense and. AGENCY shall approve selection of CONSULTANT's counsel. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
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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 AGENCY 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 without the express written consent of AGENCY;
however an insurance policy "deductible" of Ten Thousand. Dollars ($10,000.00) or less is
permitted. 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 AGENCY 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
tenninated 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 AGENCY with required proof that insurance has
been procured and is in force and paid for, the AGENCY shall have the right, at the AGENCY's
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election, to forthwith terminate this Agreement. Stich 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
AGENCY for any work performed prior to approval of insurance by the AGENCY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to AGENCY a certificate of insurance subject to approval of the Agency Counsel
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 AGENCY.
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. AGENCY 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 AGENCY.
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. AGENCY 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 AGENCY 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 AGENCY, 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 AGENCY. 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
AGENCY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. AGENCY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no AGENCY official nor any regular AGENCY
employee in the work performed pursuant to this Agreement. No officer or employee of
AGENCY 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
AGENCY 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. AGENCY 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 AGENCY:
Redevelopment Agency of the
City of Huntington Beach
ATTN: Luis Gomez
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
Adam —King
Geosyntec_Consultants
2100 Main Street Suite 150
Huntington_Beach CA 92648
17. CONSENT
When AGENCY'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
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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.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and AGENCY agree that AGENCY is not liable for payment of
any subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services conternplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the Agency Counsel is the exclusive
legal counsel for AGENCY; and AGENCY 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 AGENCY fully for any injuries or damages to AGENCY in the event that
such authority or power is not, in fact, held by the signatory or is withdrawn.
CONSULTANT's Initials W Q ,
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 party or anyone acting on that party's
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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 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 Agency Counsel. This Agreement shall expire when terminated as
provided herein.
CONSULTANT,
COMPANY NAME
P
print name
ITS: (circle one) Chairman/Presi i vice President
AND
By.
print name
circle one) Secretary/Chief Financial Officer Asst.
Secretaryr— Treasurer
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REDEVELOPMENT AGENCY OF THE CITY
OF HUNTINGTOJN BEACH, apolitical body of
the State of Calif"a A
ve Director
INITIATED AND APPROVED:
Deputyxecutive Director
APPROVED AS TO FORM:
qwt
Agency Counsel �t\'
Date 4e (o , 2—e )09
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Geosyntec Consultants Corporation will provide environmental consulting to the city on an as -
needed basis.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Adam King, will have overall responsibility for data collection, analysis, document preparation
and will oversee the work of resource specialists to ensure the quality, accuracy, and
thoroughness of work products.
1. Evaluation of Environmental Issues and Potential Environmental Liabilities
— provide the City of Huntington Beach ("City") with a technical review and evaluation of
pertinent environmental issues and liabilities in connection with the Site. This evaluation could
include the following:
A. Document and Background Review — review of the existing Phase I Environmental
Site Assessment Report and identification of associated environmental data gaps.
Review of up to five (5) other relevant Site related. documents at the specific direction
of, and to be provided by, the City which may include (note this list is not all-
inclusive): landfill gas/groundwater monitoring reports, Solid Waste Assessment Test
(SWAT) report, Operation and Maintenance (O&M) and/or Site Maintenance Plans
(SMP), and a "redevelopment report" for the adjacent Gun Range (City to provide).
i. Site history — review and synthesis of historical Site development, land uses, and
the associated impacts on current Site status (regulatory and environmental).
ii. Current site conditions — evaluation of the current condition of the Site including
the locations of pertinent Site surface features, estimated limits and depth of waste,
and existing Site infrastructure. To a limited extent, surrounding areas, immediately
adjacent to the property boundary, which may have the potential to impact site
development, will be included in the evaluation. Per The City's request, Geosyntec
will not evaluate biological habitat considerations.
iii. Site media — evaluation and data summary of air, soil, and groundwater impacts;
and waste (extent, depth, and properties), final cover soil, and landfill gas conditions
at the Site.
B. Conceptual Site Model (CSM) — development of a limited CSM for use in defining
the baseline considerations for development.
Surfnet Exhibit A
C. Regulatory Considerations — includes an evaluation of current Federal, State, and local
laws currently applicable to the Site. Current closure status of the Site and future
potential regulatory issues for redevelopment.
D. On -going Maintenance and Potential Future Liability Considerations —an evaluation of
the existing maintenance requirements for site systems (e.g., landfill gas collection and
control). This would include an evaluation of existing monitoring, reporting,
permitting, and O&M requirements.
E. Budgetary Considerations — rough order -of -magnitude (ROM) costs for managing
environmental issues related to the on -going regulatory requirements and maintenance
of the closed landfill. This may include an evaluation and ROM costing for on -going
operation and maintenance of the existing Site systems and for future potential
monitoring, reporting, and permitting requirements. This evaluation would also
include a list of considerations related to potential future liabilities that may be
difficult to quantify in dollars (e.g., environmental activism, legal issues).
2. Evaluation of Engineering Considerations for Site Redevelopment
— provide the City with a preliminary evaluation of engineering considerations and
associated budgetary/planning, rough -order of magnitude (ROM) costs for specified components
of potential Site redevelopment options. These components will be limited to those that are
unique considerations for Site redevelopment because the construction is occurring on a landfill.
Geosyntec will consider three redevelopment options:
(1) open space, (ii) light commercial/industrial, (iii) limited multistory commercial (3-story
maximum).
Specific technical/feasibility considerations for the specified components to which Geosyntec
may contribute could include the following:
A. Location and Layout — an evaluation of options for the general locations of future
potential surface and near -surface facilities (e.g., buildings and utilities) based on the
existing known surface and subsurface restrictions such as existing utilities,
environmental systems, and the footprint/extent and depth of waste. This unay include
an evaluation of wet/dry utility corridors and ROM costing for utility installation
options for redevelopment at a landfill site. This may also include a limited evaluation
of re -piping or reconfiguration of existing Site utilities and environmental systems.
B. Foundations — an evaluation and ROM costing for foundation alternatives related to
development over compressible materials (waste)for selected redevelopment options.
and components, given the conditions at the Site (i.e., waste thickness, properties, and
lateral extent). The ROM costing will consider the additional (i_e., costs beyond a
standard shallow foundation system for a similar structure built on non -landfill
property) costs associated with development over or near a landfill.
C. Ground Improvement Options — an evaluation and ROM costing for ground
improvement options (e.g., grouting, geotextile/geogrid reinforcement, deep dynamic
Surfnet Exhibit A
compaction). This may also include a limited evaluation of potential excavation and
on -site consolidation of waste to reduce the overall waste footprint at the Site.
D. Gas Control — an evaluation and ROM costing for a building protection system(s) due
to the potential presence of landfill gas. This may include gas monitoring, gas barrier,
and gas control/extraction systems.
E. Utilities — an evaluation and. ROM costing for sealing of utility trenches and dry utility
conduits to minimize gas migration potential. This may also include mechanisms to
minimize damage associated with potential differential settlement at building
foundation connections and piping material selection to minimize potential for adding
water to the waste though leaking utilities.
F. Appurtenance Construction — an evaluation and ROM costing for appurtenant
construction items that may require special consideration given their construction atop
a landfill (e.g., parking area pavements, light standards, landscaping, surface water
controls, and fencing).
G. Programmatic Maintenance Issues — an evaluation and ROM costing for Site
redevelopment features that may require longer -term maintenance (e.g., enhanced
"cap" - - which may consist of pavements and handscaping - - maintenance required to
prevent water infiltration to underlying waste).
H. Construction Health and Safety — an evaluation of the requirements for specialized
training for construction personnel (e.g., HAZWOPER, gas emissions, fugitive dust
control). Per the City's Beach's request, Geosyntec will not evaluate Brownfield
redevelopment incentives as part of this scope of work. Geosyntec proposes one
project kickoff meeting with all of The City of Huntington Beach's reviewers for this
project deliverable (including third -party reviewers). This meeting is intended to fine
tune the scope of work specific to this project. Geosyntec also proposes to
communicate/meet with the City on a regular (e.g., 2-week interval) basis to discuss
project status and to focus the project path forward. Geosyntec will prepare a draft
summary memorandum synthesizing the results of our technical review and including
an evaluation of pertinent environmental issues/liabilities and engineering
considerations in consideration of potential redevelopment of the Site. In addition, the
memorandumn will include ROM costs that will be provided for the City's planning,
decision -snaking, and budgeting purposes (note: these ROM costs will not be
engineering estimates). Since no detailed design is proposed for this project, these
ROM costs will be provided as a range, without line -byline breakdowns.
Geosyntec proposes to provide the services discussed herein on a time and materials basis.
Geosyntec will bill the City for actual costs in accordance with the contractual terms and
conditions to be negotiated with the City. Our estimated budget for performing these services
includes the labor and materials believed necessary to complete the work scope described in the
proposal. Any deviation from this work scope resulting from additional requests by your
organization, new information or other considerations may result in modification of the work
scope. Out of scope work requested by your organization will be billed on a time and materials
basis in accordance with the contractual terms and conditions to be negotiated with THE CITY
OF HUNTINGTON BEACH.
Surfnet Exhibit A
C. CITY'S DUTIES AND RESPONSIBILITIES:
City will provide vendor with detailed scope of work for each assignment.
D. WORK PROGRAM/PROJECT SCHEDULE:
The consultant will provide a timeline for each assignment requested.
Surfnet Exhibit A
EXHIBIT 'B"
Payment Schedule
CONSULTANT shall be entitled to monthly payments for work performed under this
contract on a not -to -exceed basis.
A) Total fees shall not exceed twenty seven thousand five hundred dollars ($27,500).
CONSULTANT agrees to inform the CITY when CONSULTANT is at the point
of reaching the maximum limit.
The fee schedule for environmental consulting services will be based on the following fee
structure:
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
Admin 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
Surfnet Exhibit B
EXHIBIT B
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 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.
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.
Surfnet Exhibit B
EXHIBIT B
DATE CERTIFICATE OF LIABILITY INSURANCE 01/211(MMiDO1YYYY)
2009
PRODUCER THIS CERTIFICATE S FICAT I 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 FlLa uderd ale. cerls@ marsh, com
S81127-ALL-CAS3-08-09 HUNT[ ALL4 INSURERS AFFORDING COVERAGE ; NAIC #
............ .. ... .. .... .......... . ... ...... . ......... . .... ... ....... ............... .... ... . .... .... . . . ..... -------- ---------- ........ .. ............. - --- --------- - ----- .. ........
INSURED
GEOSYNTEC CONSULTANTS, INC. INSURERA, Commerce And Industry Ins Co 19410
5901 BROKEN SOUND PARKWAY NW INSuRERB American International Specialty Lines Ins Co 26883
SUITE 300
INSURER C! New Hampshire Insurance Company
BOCA RATON, FL 33487-2775 23841
— ----------- ----------- - -------- -----
INSURER D: Insurance Company Of The State Of PA 19429
. ........ ........
INSURER E:
. C.. ....... .
OVERAGES 20
THE POLICIES OF INSURANCE -LISTED BELOW HAVE BEEN lsww 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.
............. . . . . .. ........... ...... ..... ..... ... .. .
TYPE OF INSURANCE
LTR INSRD
NUMBER
POLICY NUM
�EFFECTIVEJIGEFFECTIVEFULIQY
DATE (MMIDDJYY)
EXPIRATION
DATE IMMIDDlyy)
LIMITS
X GENERAL LIABILITY
LACH uuuuHRFNCE
1 {.QDgoo
A X �! COMMERCIALGCNERALLABILIFY
GL4178618
09/01108
09/01109
RtWFb
1 000 -00
$
CLAIMS MADL OCCUR
MEL )LOP {Any ono p 6 r3m}
2 5 0 0 0
'�_!
Contr Llab/Per Proj Aggregate
PERSONAL & ADV INJURY
$ 1,000,000
X SIR: 100,000
GENERAL AGGREGATE
$ 000,000
I -
MITAPPLIES PFR
GENERAL AGGREGATE LIO/OP-
PR
Ci$-----
--
POLICY' :
JECT LOC
A X AUTOMOBILE
LIABILITY
CA5053937 (AOS),
09/01/08
09/01/09
COMBINED SNGLE LIMIT
$ 1.000,006
A X
ANY AUTO
CA1955451 (MA)
09/01/08
09/01/09
(Fa accident)
ALL OVVNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
.. ....... . --- ---------
.... ...... ...
X
HIREDAUTos
AS OF'
BODILY INJURY
$
X
NON-OMEDAUTOS
IvI
(Peraccident)
LP��VIBD
PROPERTY DAMAGE
... ..... .. ......
$
Me
I MCGRATHT;
M1714�
//2 710
(Poraccident)
GARAGE LIABILITY
AUTO ONLY - EAACCIDEV'
ANYAUTO
OTIjr R THAN LA ACC
. . . .......... ..........
$
".]
AUTO ONLY. AGG
$
EXCESSIUMBRELLA LIABILITY
B
UMB8065625
09/01108
09t01/09
EACH OCCURRtzINCE
$ 10,000,000
OCCUR CLAIMS MADE
AGGREGATE 1$
10,000000
SIR:
$ 10.000
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
WC5316328 (AOS)
09/01/08
09101/09
X VvC STATU-ss OTH-
7:QRYL1M1TS ER----
EMPLOYE RS'UABIUTY
D ;
1 ANY PIROP[At�TorjPARTNERIEXECL)TtVE
WC5316329 (CA)
09/01/08
09101109
-, 1. . ....... ...
-.L. EACH ACCIDENT
........ ... ..... I_-
$ 1,0.. 00,066
...... . ....... ... ... .
OFFICEIRIMEMBER EXCLUCCD?
L, DISEASE -EA VMPLOYEL
$ 1,000,006
If asjesaiba under
....... . ... .... .... .......
El DISEASEPCLICY LIMIT
........ .. . ..
$ 1,()00,000
SPECIAL PROVISIONS below
-
I
OTHER
B Prof, Liability
195-19-04
09/131/08
09101/09
Each Claim/Aggregate 8,000,000�
'Ded:
Each Claim 10,000:
— a � m i r j iv Iv v r vac M M I IV" JILV UA 11 V 1141 v C — L C 0 1 to "W J1 U NJ A UU LU d T U N W U K 4 ft M h N I 1J r t U I A L r K V V I J 1W N
CERTIFICATE HOLDER ATL-001614299-47 CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL PKAX9MYlp MAIL
ATTN: BILL REARDONIKEVIN JUSTEN 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
0 AV%Aarb DRI�VJ47,,R,E,SERTATIVE (JO4
Eileen S. Yodanis
ACORD 25 (2001108} o ACORD CORPORATION 1988
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AND GEOSYNTEC CONSULTANTS
FOR
ENVIRONMENTAL CONSULTING SERVICES
Table of Contents
1
Scope of Services.....................................................................................................1
2
Agency Staff Assistance..........................................................................................2
3
Tenn; Time of Perfortnance.....................................................................................2
4
Compensation..........................................................................................................2
5
Extra Work...............................................................................................................2
6
Method of Payment..................................................................................................3
7
Disposition of Plans, Estimates and Other Documents...........................................3
8
Hold Hannless.........................................................................................................3
9
Professional Liability Insurance.............................................................................4
10
Certificate of Insurance............................................................................................5
11
Independent Contractor............................................................................................6
12
Termination of Agreement.......................................................................................6
13
Assignment and Delegation......................................................................................6
14
Copyrights/Patents...................................................................................................7
15
Agency Employees and Officials.............................................................................7
16
Notices.........................................................................................7
17
Consent....................................................................................................................8
18
Modification.............................................................................................................8
19
Section Headings-----------------------------------------------------------------------------------------------------8
20
Interpretation of this Agreement..............................................................................8
21
Duplicate Original....................................................................................................9
22
Immigration...............................................................................................................9
23
Legal Services Subcontracting Prohibited................................................................9
24
Attorney's Fees..........................................................................................................10
25
Survival.....................................................................................................................10
26
Governing Law.........................................................................................................10
27
Signatories..................................................... ...............10
28
Entirety......................................................................................................................10
29
Effective Date.................................................................................
I I
Professional Service Contracts
Purchasing Certification
1. Date: 6/10/2009
3. Department: Economic Development
5. Name of consultant: Geosyntec
2. Contract Number: ECD 00902100
4. Requested by: Jason Machado
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
N/A. Contract applies to MC3.03.080(c)
7. Amount of the contract: $27,500.00
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
J
10. Business Unit and Object Code where funds are budgeted: 30580101.6565 el-�,30c)
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).
N/A. Contract applies to MC3.03.080(c)
16. Attach proposed scope of work.
See Exhibit A
17. Attach proposed payment schedule.
See Exhibit B
Department Head Si ature R 0H` A AMADRIL
Central Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.