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HomeMy WebLinkAboutIntegrity Environmental, Inc. - 2006-05-03Council/Agency Meeting Held: /,�&Z Deferred/Continued to: .Appr ve ❑ Conditionally Approved ❑ Denied City F r Si ature Council Meeting Date: 12/15/2008 Department ID umber: 08-079 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PUWORKS SUBJECT: Approve Contract Amendment with Integrity Environmental, Inc. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: An amendment to the agreement with Integrity Environmental, Inc. is required to increase the contract amount from $75,000 to $375,000. The increase is necessary due to the additional amount of testing and monitoring required due to the creosote contamination and clean-up for the City Hall Seismic Upgrade Project (CC-1306). Funding Source: Sufficient supplemental funds in the amount of $300,000 are available in the approved construction funding for City Hall Seismic Retrofit Account No. 81655101.82200. Recommended Action: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between the City of Huntington Beach and Integrity Environmental Inc., for Professional Asbestos, Lead Paint Testing and Inspection of Capital Improvement Projects. Alternative Action(s): Request proposals from other environmental firms. This would result in significant project delays. MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: 08-079 Analysis: The original agreement with Integrity Environmental, Inc. (Integrity) was established in May 2006 as a on -call service for small materials remediation and testing services. The contract was awarded in compliance with Huntington Beach Municipal Code Chapter 3.03, Professional Services. A maximum contract amount of $75,000 was anticipated to fund occasional testing for asbestos in building demolitions, moisture issues, and minor investigative reports. When the City Hall Seismic Retrofit was awarded to this contractor, it was expected to proceed without significant environmental issues. During work on the building foundation for the City Hall Seismic Upgrade Project it was discovered that the existing waterproofing material contained coal tar creosote. This substance has since been listed as a toxic material by the State of California. Integrity was retained to provide the testing, monitoring, and reporting required by the State Department of Toxic Substance Control (DTSC). The estimated cost for this required work will exceed the $75,000 maximum amount on the existing contract, which had a balance of $25,000. As Integrity has been involved in the discovery and proposed mitigation, the expedient action is to increase the contract amount. The requested modification to increase the maximum contract amount to $375,000 will be sufficient to cover all of the projects that Integrity Environmental is currently working on for the City.. Public Works Commission Action: Not required for this action Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. C-2 Provide quality public services. Environmental Status: Not applicable. Attachment(s): 1 Amendment No. 1 to Agreement between the City of Huntington Beach and Integrity Environmental Inc., for Professional Asbestos, Lead Paint Testing and Inspection of Capital Improvement Projects. -2- 12/3/2008 4:55 PM ATTACHMENT AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRITY ENVIRONMENTAL,, INC. FOR PROFESSIONAL. ASBESTOS, LEAD PAINT TESTING AND INSPECTION FOR CAPITAL. IMPROVEMENT PROJECTS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH; a California municipal corporation, hereinafter referred to as "CITY," and INTEGRITY ENVIRONMENTAL, INC., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to. that certain agreement, dated May 3, 2006, entitled "Professional Services Contract Between the City of Huntington Beach and Integrity Environmental, Inc. for Professional Asbestos, Lead Paint Testing and Inspection for Capital Improvement Projects" which agreement shall hereinafter be referred to as the "Original Agreement;" and Since the execution of the Original Agreement, CITY has requested CONSULTANT to perform additional work, and the parties wish to amend the Original Agreement to reflect additional compensation for such additional work to be paid to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: ADDITIONAL. COMPENSATION In consideration of the additional services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT an additional sum not to exceed Three Hundred Thousand and no/100 Dollars ($300,000.00). The additional sum shall be added to the original sum of Seventy- five Thousand and no/100 Dollars ($75,000.00), for a new total contract amount of Three Hundred Seventy-five Thousand and no/100 Dollars ($375,000.00). 08-1886128592,doc 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on-��2 00 J INTEGRITY ENVIRONMENTAL, INC.; A California corporation By: print name Its: (circle one) ChainnanCresiden ice President AND By: "Awn print name Its: (circle one) Secret ancia /Chief Fin Officer/Asst. Secretary - reasurer REVIEWE APPROVED: City nistrator 08-1886/28592.doc 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 194�ee l. 000rmayo,:- .e p> Z-' ity Clerk INITIATED AND APPROVED: Director o Public Works APPROVED AS TO FORM: Cit Attorney I-o \1 o. A� �� '�, ■ �� INITIATING DEPARTMENT: Public Works SUBJECT: Approve Contract Amendment with Integrity Environmental COUNCIL MEETING DATE: December 15, 2008 RCA ATMTAC EFTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable 0 Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ Kt:vICYVr-,lij KIC 8 U9 ►N'r-IU' � d'lJt[Vm6.J=CY.J Administrative Staff ( ) O DeDUtV Citv Administrator (Initial) Administrator (Initial Clerk RCA Author: Wentworth:jg City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 17, 2008 Integrity Environmental, Inc. Attn: Massond Randari 95 Argonaut Suite 210 Aliso Viejo, CA 92656 Dear Mr. Randari: Enclosed for your records a copy of Amendment #1 to the Agreement between the City of Huntington Beach and Integrity Environmental, Inc. for Professional Asbestos, Lead Paint Testing and Inspection for Capital Improvement Projects. Sincerely, oan L. Flynn, CMC City Clerk JF:pe Enclosure G: fo llowup: agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) To: City Clerk Contracts Submittal to City Clerk's Office 1. Name of Contractor: Integrity Environmental, Inc. 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake - Huntington Central Park Provide as needed services for capital improvement projects 3. Amount of Contract: Not to exceed $75,000 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer _ ORIGINAL bonds sent to Treasurer CITY CLERK'S OFFICE USE ONLY: City Attomey's Office g:/Attymisc/forms/city clerk contract transmittal.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Si a� 6 14"0 /W ` c'f4i `'e 7— S 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 Certificateof Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignmentand 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 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND •'TC &..t, ;iyy�,i�rzicn-rb FOR f 01 L.. J,k) S P £'c i 2 v Fc„L C i#-P i T14- L- ft�t P`L o ✓4 s� t �/ J � � 5. THIS AGREEMENT ("Agreement") is made and entered into this day of 20 0�,, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and .T2Ci'/1 z ifr fLtr¢/r�t��i .�i , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Qviaf- 4'—A,)f tort) 5,—Tg-v(ct3 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 M#S5010 9,40APi who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15/01-A I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the 7-1ye.V £ C33 ySaV-s -Pa-IX "Commencement Date"). This Agreement shall expire on oorc c- €x- c co 7� o u , unless sooner terminated as provided herein. r m file. PM These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed ,61/►lr 0;VT S l o`al-1y n✓ Ti`fK D 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profsery 10/15101 -A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profsery 10115101 -A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/forms/profsery 10/ 15/01-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profsery 10/ 15/01-A 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/forms/profsery 10/15101-A 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 'D tl RN r- cL2r7-f 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: T cr � 2r0 A:L6c) Vt f1 o i CPr a26s(, '07-r/v., �Jl Issov0 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profsery10/ 15/01-A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profsery 10/1510 1 -A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profsery 10/ 15/01-A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/ 15/01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, ah V"M h at"I 4.,�Ldj%�^a municipal corporation of the State of California 9 S N -At, G-, 2IO, p►1�s4 V o c.A• 7- IDS (" 1,� Director of Public Works By: "�"� "R ' (Pursuant To HBMC §3. 03.100) Ma3se „� 'Rah 4%; print name ITS: (circle one) Chairmat ident ice President APPROVE S TO FORM: AND for' JI>'il' Lim r147a5'n 'a � r—M alga 1 print name ITS: (circle one) Secreta Chief Financial Officer Asst. Secretary — Treasurer agree/forms/profservl0/15/01-A 11 S "3 City Attorney 'r 310LO AND APPROVED: City Administrator (only for contracts $50, 000.00 and over) Penelope Culbreth—Graft, DPA CITY OF HUNTINGTON BEACH PUBLIC WORKS ENGINEERING DIVISION REQUEST FOR PROPOSALS for Hazardous Materials Testing, Inspection, and Abatement Services for Capital Improvement Projects PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to: Duane D. Wentworth Contract Administrator Engineering Division Department of Public Works City of Huntington Beach City Hall 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 no later than 4:00 P. M. on March 13, 2006. Five copies of the proposal shall be submitted in a sealed envelope and marked: "Proposal for As -needed Testing and Inspection Services". Additionally, a fee proposal shall be submitted in a separate, sealed envelope and marked "Fee Proposal for As -needed Testing and Inspection Services" Proposals received after the specified time will not be accepted and will be returned unopened. Questions regarding this request may be addressed to Duane Wentworth at (714) 536-5517. INDEX SECTION PAGE I. Introduction 2 II. Schedule of Events 2 III. Scope of Work 2 IV. City's Responsibilities 3 V. Fee Proposal Requirements 3 VI. Proposal Requirements 4 VII. General Requirements 6 VIII. Consultant Evaluation & Selection Process 7 t; zN(AINF.ERING DIN,ISION,W[=N'I'WOR'11t12}Yt,ENVI.ROtill3,N'IAl.'I`I-S iNG�ItET E., ,VIR0NMI_N]AL.-DOC CITY OF HUNTINGTON BEACH EmVmTmen al Testing and Inspection Semces RFP 2/7/06 Page 2 I. INTRODUCTION The City of Huntington Beach, Department of Public Works, Engineering Division is requesting proposals from qualified Environmental Testing, Inspection, and Abatement firms to provide environmental testing, inspection, and abatement services on an "as needed" basis for projects to be determined during the term of the contract, including federally funded projects under the Community Development Block Grant program and projects funded by other agencies. A total of two consultants will be selected to sign a three-year agreement for performing these services. II. SCHEDULE OF EVENTS 2/21/06 Issuance of Request for Proposals 3/13/06 Proposals due at City Hall by 4:00 p.m. 4/17/06 City Council Approval of Consultant Contract (estimated date) III. SCOPE OF WORK The scope of work for the respective phases of the consultant's services shall include but not be limited to the following items: 1. General Requirements: a. Provide field inspections and testing to determine the existence and extent of hazardous substances including asbestos, lead paint, etc. b. Recommend method of remediation on affected work and advise the City of acceptance standards. c. Perform remediation of affected areas as directed by the City. (Optional service. Not required) d. Submit field reports to the City immediately after tests and inspections are completed. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "UBC" and " Green Book' requirements and to other concerned parties within a week after the work is performed. e. Submit a final report to the City upon completion of each project. f. Communicating effectively both orally and in writing, inspecting all types of construction work including but not limited to street improvements, drains, buildings, and pump stations. g. Perform abatement inspection services. CITY OF HUNTINGTON BEACH Environmental Testing and Il Taton Services RFP 217/06 Page 3 2. Special Requirements: All testing, inspection, and remediation work will be completed in strict conformance with applicable Federal, State, and Local codes and requirements. 3. Reporting Test Results: a. Test results will be submitted to the City immediately upon obtaining the results b. Test results will include a remediation plan if so requested by the City. IV. CITY'S RESPONSIBILITIES: 1. Furnish construction plans and specifications to the consultant as required. 2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. V. FEE PROPOSAL REQUIREMENTS In order to compare proposed fees on an equal basis, the consultant shall complete the following FEE SCHEDULE, attached as Attachment D, and submit it to the City in a separate, sealed envelope. It is expressly emphasized that this FEE SCHEDULE is not a bid. It is used for a cost comparison purpose only. The City reserves the right to ask the selected firm to perform only part of the estimated work. The City does not guarantee the quantity of the work to be performed by the selected testing firm. The consultant shall be paid for the actual services provided for the project according to the proposed hourly rates and unit costs. In addition to the FEE SCHEDULE, the consultant shall submit another fee proposal to include testing and inspection services that can be provided by the firm but are not included in the FEE SCHEDULE. This fee proposal should be included in the aforementioned envelope. CITY OF HUNTINGTON BEACH Envirornmental Testing and hiTection Sa races RFP 2/7/06 Page 4 VI. PROPOSAL REQUIREMENTS Although the City requires no specific format, this section is intended to provide guidelines to the consultant regarding features, which the City will look for and expect to be included in the proposal. 1. Content & Format The City requests that proposals submitted be organized and presented in a neat and logical format and be relevant to these services. Consultant's proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received. Proposals shall contain no more than 20 typed pages using a 10 point minimum font size, including transmittal/offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the project. The separately submitted Fee Proposal should contain only enough pages to clearly respond with the information that is requested in the RFP. The proposal should include the following: • Transmittal/offer letter. • Index/Table of Contents and page numbering. • Team Organization including an organization diagram. • Approach to the Project. • Descriptions of similar projects by key staff to be used on this assignment. • Brief resumes of key staff. • Project schedule. 2. Scope of Services A description of the work program that will be undertaken shall be included in this section. It should explain the technical approach, methodology and specific tasks and activities that will be performed to address the specific issues and work items identified in the RFP. It should also include a discussion of constraints, problems and issues that should be anticipated during the contract, as well as suggestions for approaches to resolving them. 3. Statement of Qualifications The information requested in this section should describe the qualifications of the firm, key staff and sub -consultants in performing projects within the past five years that are similar in scope and size to demonstrate competence to perform these services. The projects listed should be those that the key staff named for this project was responsible for performing services. Information shall include: CITY OF HUNTINGTON BEACH Falvmmental Testing and Inspection Services RFP 2/`I/06 Page 5 • Names of key staff that participated on named projects and their specific responsibilities. • The client's name, contact person, addresses and telephone numbers. • A brief description of type and extent of services provided. • Completion dates (estimated, if not yet completed). • Total costs of the projects. There should be included in the section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, experience, licenses, relevant experience and specific responsibilities for services described. 1. Project Team The purpose of this section is to describe the organization of the project team including sub -consultants and key staff. A project manager and an alternate project manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the project manager, key staff and sub -consultants. There also should be a brief description of the role and responsibilities of all key staff and sub -consultants identified in the team organization. 2. Fee Proposal A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "Fee Proposal" along with the name of the project. The information and detail included in the fee proposal shall conform to the provisions of Section V., Fee Proposal Requirements, of this RFP. A work program and a breakdown of labor hours by employee billing classification together with the cost of non -labor and sub -consultant services shall be included with the fee proposal. The labor breakdown shall be compiled based on a listing of work tasks that correlates with the consultant's defined scope of work for the project proposal. This information will be used by City staff to evaluate the reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement. The Fee Proposal of the three top ranked consultants will be opened at the conclusion of the consultant evaluation and selection process. Fees will not be used to determine the ranking of the consultants. The Fee Proposals of those consultants not ranked in the top three will be returned to them unopened upon award of a contract to the selected consultant. • The City will negotiate the final fee with the top ranked consultant, if necessary. • Reimbursable expenses shall not be allowed unless negotiated prior to a contract. • Price escalations during the contract term are disfavored, and shall be approved in negotiations prior to a contract. • Consultant will be required to pay prevailing wages when working on any City, State or Federally funded project. CITY OF HUNTINGTON BEACH Enmtonma" Testing and Inspection Services RFP 2/7/06 Page 6 1. Statement of Offer & Signature The Proposal and separate Fee Proposal shall each be signed by an individual authorized to bind the consultant and both shall contain a statement that the proposals are a firm offer for a 60-day period. VI. GENERAL REQUIREMENTS 1. Insurance Requirements The consultant shall furnish with the proposal proof of the following minimum insurance coverage. These minimum levels of coverage are required to be maintained for the duration of the project: a. General Liability Coverage - $1,000,000 per occurrence for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Professional Liability Coverage - $1,000,000 per occurrence (Note: A "claims made" policy is acceptable). c. Worker's Compensation Coverage - State statutory limits. Deductibles, Self -Insurance Retentions or Similar Forms of Coverage Limitations or Modifications must be declared to and approved by the City of Huntington Beach. The consultant is encouraged to contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. 2. Standard Form of Agreement The consultant will enter into an agreement with the City based upon the contents of the RFP and the consultant's proposal. The City's standard form of agreement is included as Attachment A. The consultant shall carefully review the agreement, especially the indemnity and insurance provisions, and include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. CITY OF HUNTINGTON BEACH FdNlllmlTla" Tesling and Inspection Services RFP 2l7/06 Page 7 3. Disclaimer This RFP does not commit the City to award a contract or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical fee or other revisions of their proposals as may result from negotiations. 4. Assigned Representatives The City will assign a responsible representative to administer the contract and to assist the consultant in obtaining information. The consultant also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The consultant's representative will remain in responsible charge of the consultant's duties from the notice -to -proceed through project completion. If the consultant's primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. Any substitution of representatives or sub -consultants identified in the proposal shall first be approved in writing by the City's representative. The City reserves the right to review and approve/disapprove all key staff and sub -consultant substitution or removal, and may consider such changes not approved to be a breach of contract. VII. CONSULTANT EVALUATION & SELECTION PROCESS The City's consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for professional services. The following criteria will be used in evaluating the proposals using a point value system (100 points) based on the weighting indicated below. 1. Grasp of the project requirements including identification of critical elements and key issues. (10 points) 2. Technical approach and work plan for the project, including innovative approaches. (25 points) 3. Qualifications and experience of the key individuals and sub -consultants. (30 points) 4. Results of reference checks. (15 points) Reference checks will only be conducted for a short list of firms or the top rated firm. 5. Clarity of proposal. (10 points) 6. Compliance with proposal requirements including the 20-page limitation. (10 points) The City may elect to interview a short list of qualified firms or to interview only the top rated firms based on the proposals submitted for the project. The City staff will negotiate a contract with the best qualified firms for the desired consulting services at compensation which the City staff determines is fair and reasonable to the City. Should the City staff be unable to negotiate a satisfactory contract with the CITY OF HUNTINGTON BEACH Fhviromcr al Testing and h9peWon Services RFP 217/06 Page 8 firm considered to be the most qualified, negotiations with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. ATTACHMENTS Attachment A- Sample City Contract Attachment B Fee Schedule Attachment B Fee Schedule Provide hourly rates for the following tasks: 1. Lead Monitoring, full day rate per person (8-hour shift) plus four (4) lead samples, laboratory analysis (normal turn -around), equipment, materials, travel time,, mileage, expenses, and final report included. 2. Asbestos air monitoring, full day rate per person (8-hour shift) plus six (6) PCM samples, laboratory analysis (normal turn- around), equipment, materials, travel time, mileage, expenses, and final report included. 3. On -site building inspection per person (8-hour shift) for asbestos excluding sampling costs per site. 4. Rate per hour for industrial hygienist exceeding (8-hour limit) Provide rates for the following tests: 1. Lead in air, paint, dust, soil -per sample, normal turn -around. 2. Lead in air, paint, dust, soil -per sample, rush -same day turn- around. 3. Phase contrast microscopy (PCM) — obtain fiber count/per sample, normal turn around. 4. Phase contrast microscopy (PCM) — obtain fiber count/per sample, rush -same day service. 5. Polarized light microscopy (PLM) — bulk asbestos sample/per sample, normal turn around. CITY OF HUNTINGTON BEACH Fhvmimc W Testing and Inspection Services RFP 2/7/06 Page 9 Provide rates for the following personnel and services: 1. Industrial Hygienist 2. Project Manager 3. Field Technician 4. Certified Lead Inspector 5. Certified Industrial Hygienist 6. Travel Time 7. Mileage 8. Other personnel, services or testing, or fees applicable to your services FEE SCHEDULE FOR AS -NEEDED ASBESTOS, LEAD PAINT TESTING AND INSPECTIONS FOR THE CITY OF HUNTING BEACH Provided by Integrity Environmental Consultants, Inc. The following are hourly labor rates: 1. Lead monitoring, full day rate per person (8-hour shift) plus four (4) lead samples, laboratory analysis (normal turn -around), equipment materials, travel time, expenses, and final report included: $88 2. Asbestos air monitoring, full day rate per person (8-hour shift) plus six (6) PCM samples, laboratory analysis (normal turn around), equipment, materials, travel time, mileage, expenses, and final report included: $88 3. On -site building inspection per person (8-hour shift) for asbestos excluding sampling cost per site: $80 4. Rate per hour for industrial hygienist exceeding (8-hour limit): a. From hours 8.01 to 12.00 at $115 b. From hoursl2.01 to 15.59 at $150 The following are laboratory services rates: 1. Lead air, paint, dust, soil per sample, normal turn around: $8 2. Lead in air, paint, dust, soil per sample, rush same -day turn around: $20 3. Phase contrast microscopy (PCM), per sample, normal turn around: $6 4. Phase contrast microscopy (PCM), per sample, rush same -day turn around: $15 5. Polarized light microscopy (PLM), per sample, normal turn around: $6 The rates for other personnel and services are attached in the Integrity schedule of fees and the LA Testing Lab schedule of fees. printed on recycled paper air - soil - water SCHEDULE OF FEES Environmental Consulting Services Integrity Environmental Consultants, Inc. Effective January 1, 2006 Item Description Unit Price * 000 Industrial Hygienist $80 per hour 001 Project Manager — CAC, REA $100 per hour 002 Field Monitor — CAC $80 per hour 003 Field Monitor — SST $75 per hour 004 Certified Lead Inspector/Risk Assessor $75 per hour 005 Certified Industrial Hygienist $150 per hour OOOA Travel Time — Industrial Hygienist $80 per hour 001A Travel Time — Project Manager $100 per hour 002A Travel Time — Field Monitor — CAC $80 per hour 003A Travel Time — Field Monitor — SST $75 per hour 004A Travel Time - Certified Lead Inspector/Risk Assessor $75 per hour 005A Travel Time - Certified Industrial Hygienist $150 per hour 006-1 Technical Editor $60 per hour 006-2 Administrative Assistant $40 per hour 007 Mileage $0.50 per mile 008 Laboratory Fees Cost 008A Laboratory Fees — Markup 15% of 008 009 Approved Expenses Cost 009A Approved Expenses — Markup 15% of 009 O10 Administrative Fee 2% of subtotal 020 Finance Charge 1.5% per month * Prices are good for a period of 30 days from the date of contract. i:\templates\proposai templates\General Conditions and Schedule of Fees — 2006 - revised 1-2-06 printed on recycled paper air - soil - Water,,-, Integrity Environmental City of Huntington Beach 2006 Analytical Services Pricing Schedule LA TESTING LAB 10772 Noel St. Los Alamitos, CA 90720 ASBESTOS 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAY TEM AIR EPA LEVEL II NA $65 $65 $48 $38 $30 $30 $30 AHERA NA $65 $65 $48 $38 $30 $30 $30 NIOSH 7402(40 Grid Openings) CALL $180 $155 $145 $125 $115 $100 $95 ASTM D-6281-98 CALL CALL CALL $250 $225 $215 $200 $190 ISO 10312 CALL CALL CALL $250 $225 $215 $200 $190 *TEM AIR SAMPLES PREPPED AND NOT ANALYZED ARE $30 PER SAMPLE PCM AIR NIOSH 7400 NA $10 $10 $8 $7 $5.50 $5.50 $5 OSHA TWA'S NA $10 $10 $8 $7 $5.50 $5.50 $5 PLM BULK 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAY EPA600/R-93/116 NA $11 $11 $7.50 $6.50 $5.50 $5.50 $5 CARB 435-CA AIR RESOURCE $85 $80 $75 $70 $65 $60 $52 $50 NIOSH 9002 $35 $25 $18 $14 $12 $10 $8 $7 EPA POINT COUNT(400 POINTS) $60 $55 $50 $40 $35 $30 $22 $20 EPA POINT COUNT(1000 POINTS) $175 $150 $100 $95 $90 $85 $75 $75 TEM BULK DROP MOUNT(QUALITATIVE) CONVENTIONAL(QUANT) CHATFIELD-GRAVIMETRIC MICROVAC (ASTM D-5755-95) MICROVAC (QUALITATIVE) WIPES (QUALITATIVE) WIPES (ASTM D-6480-99) TEM-WATER DRINKING WATER WASTE WATER, SLUDGE SOLVENTS, CHEMICALS, OIL 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAY $100 $75 $65 $55 $45 $40 $35 $32 N/A $500 $350 $250 $225 $200 $175 $150 N/A N/A $78 $58 $45 $35 $35 $35 N/A $350 $250 $150 $140 $125 $105 $100 N/A $180 $160 $100 $90 $80 $70 $50 $150 $100 $95 $80 $70 $65 $55 $50 N/A $350 $250 $150 $140 $125 $105 $100 N/A N/A N/A $200 $130 $125 $110 $100 N/A N/A $500 $300 $250 $235 $215 $200 N/A $800 $600 $500 $450 $425 $375 $350 ASBESTOS IN SOILS 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAYS EPA 600/R 93/116 (qualitative) N/A N/A $75 $55 $50 $45 $35 $25 EPA screening prot. mod.(semi-quant) N/A N/A N/A $500 $375 $325 $250 $150 EPA screening protocol mod.(quant) N/A N/A N/A $700 $600 $500 $375 $250 MSD 9000 FIBERS PER GRAM N/A N/A N/A $1000 $800 $700 $600 $350 SUPERFUND EPA 540-R-97-028 N/A N/A N/A N/A N/A N/A $850 $750 LEAD FLAME AA CHIPS, WIPES, AIR, SOIL, WASTEWATER 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAYS NA $15 $15 $10 $8 $7 $7 $6 NVLAP # 101384 CA DHS # 1406 AIHA LAB # 101650 Integrity Environmental City of Huntington Beach 2006 Analytical Services Pricing Schedule LA TESTING LAB 10772 Noel St. Los Alamitos, CA 90720 ASBESTOS 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAY TEM AIR EPA LEVEL H NA $65 $65 $48 $38 $30 $30 $30 AHERA NA $65 $65 $48 $38 $30 $30 $30 NIOSH 7402(40 Grid Openings) CALL $180 $155 $145 $125 $115 $100 $95 ASTM D-6281-98 CALL CALL CALL $250 $225 $215 $200 $190 IS010312 CALL CALL CALL $250 $225 $215 $200 $190 *TEM AIR SAMPLES PREPPED AND NOT ANALYZED ARE $30 PER SAMPLE PCM AIR NIOSH 7400 NA $10 $10 $8 $7 $5.50 $5.50 $5 OSHA TWA'S NA $10 $10 $8 $7 $5.50 $5.50 $5 PLM BULK 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAY EPA600/R-93/116 NA $11 $11 $7.50 $6.50 $5.50 $5.50 $5 CARB 435-CA AIR RESOURCE $85 $80 $75 $70 $65 $60 $52 $50 NIOSH 9002 $35 $25 $18 $14 $12 $10 $8 $7 EPA POINT COUNT(400 POINTS) $60 $55 $50 $40 $35 $30 $22 $20 EPA POINT COUNT(1000 POINTS) $175 $150 $100 $95 $90 $85 $75 $75 TEM BULK 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAY DROP MOUNT(QUALITATIVE) $100 $75 $65 $55 $45 $40 $35 $32 CONVENTIONAL(QUANT) N/A $500 $350 $250 $225 $200 $175 $150 CHATFIELD-GRAVIMETRIC N/A N/A $78 $58 $45 $35 $35 $35 MICROVAC (ASTM D-5755-95) N/A $350 $250 $150 $140 $125 $105 $100 MICROVAC (QUALITATIVE) N/A $180 $160 $100 $90 $80 $70 $50 WIPES (QUALITATIVE) $150 $100 $95 $80 $70 $65 $55 $50 WIPES (ASTM D-6480-99) N/A $350 $250 $150 $140 $125 $105 $100 TEM-WATER DRINKING WATER N/A N/A N/A $200 $130 $125 $110 $100 WASTE WATER, SLUDGE N/A N/A $500 $300 $250 $235 $215 $200 SOLVENTS, CHEMICALS, OIL N/A $800 $600 $500 S450 $425 $375 $350 ASBESTOS IN SOILS 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAYS EPA 600/R 93/116 (qualitative) N/A N/A $75 $55 $50 $45 $35 $25 EPA screening prot. mod.(semi-quant) N/A N/A N/A $500 $375 $325 $250 $150 EPA screening protocol mod.(quant) N/A N/A N/A $700 $600 $500 $375 $250 MSD 9000 FIBERS PER GRAM N/A N/A N/A $1000 $800 $700 $600 $350 SUPERFUND EPA 540-R-97-028 N/A N/A N/A N/A N/A N/A $850 $750 LEAD FLAME AA CHIPS, WIPES, AIR, SOIL, WASTEWATER 3 HR 6 HR 12 HR 24 HR 48 HR 72 HR 5 DAY >6 DAYS NA $15 $15 $10 $8 $7 $7 $6 NVLAP # 101384 CA DHS # 1406 AIHA LAB # 101650 4-25-06;10:57AM;FRENKEL OF CA. ;2137871150 # 2/ 2 ACORD„, CERTIFICATE OF LIABILITY INSURANCE 4°iio(i2 06YY"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frenkel & Co. of California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Environmental Risk Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 725 South Figueroa, Suite #2200 Los Angeles CA 90017 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: American Safety Casualty Insu Integrity Environmental Consultants, Inc. INSURERS: American Safety Ind Co 25433 95 Argonaut, Suite 210 INSURER C: Aliso Viejo CA 92656 INSURER D: INSURER E: r1nVKRA[:FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD., INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LT OD' NR POLICY NUMBER POLICYEFFECTIVE ATE MM POLIOYEXPIRATION DATE onnr LIMITS A GENERALUAStUTY ENV012471-06-01 2/24/2006 2/24/2007 EACHOCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LABILITY CLAIMS MADE a OCCUR ETORENTED50,000 PREMISES Eaoccurnce $ MEO EXP (Any one person $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 X Incidental Contr . Poll . Liab . GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 PROJECT LOC X POLICY 7 A AUTOMOBILE LIABILITY ANYAUTO ENV012471-06-01 2/24/2006 2/24/2007 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY WJURY (Per person) $ ALL O W NED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY (Par accident) $ PROPERTY DAMAGE (Per accident) $ GARAGELIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG * EXCESSIUMBRELLAUABILITY X OCCUR CLAIMSMADE ENU009071-06-02 2/24/2006 2/24/2007 EACHOCCURRENCE $ 4,000,00o AGGREGATE $ 4,000,000 $ $ DEDUCTIBLE $ X RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOIUPARTNER/EXECUTIVE - TORTWC STATUI S OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If es, desoribe under SPECIAL PROVISIONS below E-L. DISEASE -POLICY LIMIT $ A OTHER Claims Made professional Liability ENV012471-06-01 2/24/2006 2/24/2007 Each Claim $1,000,000 Gen. A Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS City of Huntington Beach, its Agents, Officers & Employees are added as Additional Insured to the General Liability but only as respects all covered operations of the Named Insured. Re: Bid Number 2006-00026. CERTIFICATE City of Huntington Beach 2000 Main St. P.O. Box 190 Huntington Beach CA 92648 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL,I0GO008= MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT (EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM), AUTHORIZED © ACORD CORPORATION 1988 V 1 FER McGRATH, Citykime - I/O - - - 4-19-06; 2:36PM;FRENKEL OF CA. ;2137871150 # 2/ 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASCIC - ENV 98 0111104 ADDITIONAL INSURED COVERAGE ENDORSEMENT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed that the following provisions are added to the policy. A. The following shall be added to SECTION I COVERAGE A., Par. 1. as subparagraphs d. and e of the policy: d. Any person shown as an Additional insured on a certificate of insurance issued by us or our authorized representative, or by endorsement to the policy, provided such person is required to be named as an Additional Insured in a written contract with you, shall be entitled to coverage hereunder solely for "claims" or "suits" for "bodily injury" or "property damage" arising solely out of your. negligence. The limits of insurance provided to such Additional Insured shall be limited to the lesser of the limits of insurance required in a written contract with you, or the limits of insurance as described in SECTION III - LIMITS OF INSURANCE under the policy. No obligation for defense or indemnity under the policy is provided to any Additional Insured for "claims" or "suits" directly or indirectly "arising from" the status, actions or inaction, including (without limitation) for vicarious, derivative or strict liability of said Additional Insured, its agents, consultants, servants, contractors or subcontractors (other than the Named Insured), except for the actions or inactions of the Named Insured. e. We will have no duty to defend any insured, other than the Named Insured, except when the sole allegation against that insured is vicarious liability for the sole negligence of the Named Insured. All terms, conditions and exclusions of the policy, including, but not limited to, any deductible or self - insured retention, shall apply to such Additional Insured. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ENV 98 011 11 04 Copyright© 2004 American Safety Casualty Insurance Company Page 1 of 1 ` PROFESSIONAL SERVICE CONTRACTS Huriti &Bch PURCHASING CERTIFICATION 1. Requested by: Duane D. Wentworth 2. Date: April 25, 2006 3. Name of consultant: Integrity Environmental, Inc. 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form. 5. Amount of the contract: $70,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: LA P i-r v0( L-9 Oyf, C i . 5 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. 0 RICVARD AMADRIL, Manager Pu chasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Integrity Cert 4/25/06 1:47 PM Environmental RFP List Integrity Environmental Consultants, Inc. 95 Argonaut, Suite 210 Aliso Viejo, CA 92656 ATTN: Massoud Randari Phone: 949-586-1414 Environmental Monitoring Group 7500 Suzi Lane Westminster, CA 92683 ATTN: John Pham Phone: 714-893-5166 American Environmental Specialists, Inc. 15183 Springdale Street Huntington Beach, CA 92649 ATTN: James F. McClung, Jr. Phone: 379-3333