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HomeMy WebLinkAboutKOMEX H2O SCIENCE - 2004-12-20Council/Agency Meeting Held: D� Deferred/Continued to: AApproved ❑ Conditionally Approved ❑ Denied " y ler Sig a re Council Meeting Date: December 20, 2004 Department ID Number: PW 04-079 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION _T C= C O O SUBMITTED TO: HONORABLE MAYOR AND CITY COUN—CIV MEMBER F SUBMITTED BY: PENELOP6_LeR_6T4`k- IT AD7,;LSTRATQ=PREPARED BY: OBERT F. BEARDSLEY, IC, CTOR U LIC�V 0 SUBJECT: Approve As -Needed Environmental Professional Sew ices Agreements o Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires general environmental engineering services on an as -needed basis. Four qualified firms have been selected to provide these expert services. Funding Source: Funds would be made available from currently budgeted programs. Additional Council authorization will be requested for unbudgeted projects, as necessary. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts with Stearns, Conrad, and Schmidt dba SCS Engineers, GeoSyntec Consultants Inc., KOMEX H2O Science and GC Environmental, Inc. Alternative Action(s): Do not authorize agreements and direct staff on how to proceed. This action could delay the procurement of necessary services. .5, Ec i 0`SY0 7& r��J REQUEST FOR ACTION MEETING DATE: December 20, 2004 DEPARTMENT ID NUMBER: PW 04-079 Analysis: On occasion, it is necessary to employ consultants to address environmental issues in the City. Often these matters require immediate attention. To provide this service, four environmental consultant firms will be available on an on -call basis. Project assignments will be rotated among the consultants, based upon their expertise. Typical assignments may range from investigation of subsurface gas anomalies and monitoring of the City's methane gas collection systems to urban runoff water quality monitoring and services. The proposed contracts allow for a five-year contract term with a total budget not to exceed $1,000,000 per contract. No new projects will be authorized in the fourth and fifth years of the contract. This will allow assignments to be completed during the term of the contract. Public Works Commission Action: Not required Environmental Status: Not applicable Attachment(s): &/93Z I 1. I Professional Services Contract with SCS Engineers, Inc. �/5'3�a RCA Author: T. Broussard 2. 1 Professional Services Contract with GeoSyntec Consultants, Inc. 3. 1 Professional Services Contract with KOMEX H2O Science 4. 1 Professional Services Contract with GC Environmental, Inc. G:\R C A\2004\04-079 Dec 20 Broussard (On Call Environmental).doc -2- 11/16/2004 9:15 AM L.I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KOMEX H2O SCIENCE FOR AS NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of - California, hereinafter referred to as "CITY," and KOMEX H2O SCIENCE, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide environmental engineering services on an "as needed" .basis; 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 CITY's Request for Proposal dated September, 2003 and CONSULTANT's Proposal dated October 15, 2003, collectively attached hereto as Exhibit "A," and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the `PROJECT." In the event there are any conflicts or inconsistencies between this Agreement, the CITY's RFP, or the CONSULTANT's Proposal, the following order. of precedence shall govern: (1) Agreement, (2) .the CONSULTANT's Proposal, and (3) the CITY's RFP. 04agree/komex h20 science/7/6/04 1 • CONSULTANT hereby designates Wade R. Major, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. r, 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire five (5) year(s) from the Commencement Date unless sooner terminated as provided herein. All tasks specified in the Scope of Services shall be completed no later than five years from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. 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 One Million Dollars ($1,000,000.00). 04agree/komex h20 science/7/6/04 2 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 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, 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 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 04agree/komex h20 science/7/6/04 3 such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense, and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish 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) 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 04agree/komex h20 science/7/6/04 4 r provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 04agree/komex h20 science/7/6/04 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminateCONSULTANT'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. 04agree/komex h20 science/7/6/04 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Komex H2O Science ATTN: Wade R. Major 5455. Garden Grove Boulevard Westminster, CA 92683 04agree/komex h20 science/7/6/04 7 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or -affect -the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or.invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number I hall be deemed to include the other whenever the context so indicates or requires. 04agree/komex h20 science/7/6/04 8 Nothing contained herein shall be. construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 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. 04agree/komex h20 science/7/6/04 9 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 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 supercedes all 04agree/komex h20 science/7/6/04 10 prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers ��GE/►'),$�� , , 2004. KOMErHX3CI CE By. Anthony Brown, President ND Kurt Olso , Chief Financial Officer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California sr.'ity Clerk REVIEWED AND APPROVED: AS TO FORM: Ci AdministratorJOVED mCity ttorney W&'ATE A APPROVED: irector of Public Works 04agree/komex h20 science/8/10/04 I 1 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 . KOMEX H2O SCIENCE FOR AS NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents. Scopeof Services.................................................................................................... 1 CityStaff Assistance............................................................................................... 2 Term; Time of Performance .......... :......................................................................... 2 Compensation........................................... :............................................................... 2 ExtraWork............................................................................. ............................... 2 Methodof Payment................................................................................:......:......... 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 HoldHarmless......................................................................................................... 3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................ 5 Independent Contractor........................................................................................... 6 Termination of Agreement...................................................................................... 6 Assignment and Delegation..................................................................................... 6 Copyrights/Patents.................................................................................................. 7 CityEmployees and Officials.................................................................................. 7 Notices....................................................... .............................7 Consent.................................................................................................................... 8 Modification............................................................................................................ 8 SectionHeadings..................................................................................................... 8 Interpretation of this Agreement .............. DuplicateOriginal...........................................................::...................................... 9 Immigration.............................................................................................................. 9 Legal Services Subcontracting Prohibited............................................................... 9 Attorney's Fees..........:............................................................................................. 10 Survival.................................................................................................................... 10 GoverningLaw..........................................:.............................................................. 10 Entirety..........:.......................................................................................................... 10 komex H2O Science • u EXHIBIT A PROPOSAL PROFESSIONAL CONSULTING SERVICES FORx k 1 `me ` ,,-� w„ �:�;w w�.w'� w�' w�,w=�;■ � w �. � � r-■�.i■ w w''�'� w w:� w �� � � .: �wri�A ��'-i !�l�:w.� �_� w �-:: ,�: MECGR� �1XLFY t!1 i3L. Iv 45-. $ 1 a C. • Proposal For As -Needed Envirwental Engineering Services 5455 GARDEN GROVE BOULEVARD, SECOND FLOOR WESTMINSTER, CALIFORNIAT 92683-8201, USA TEL. 714.379.1157 FAX 714.379.1160 EMAIL: info@losangeles.komex.com WEB SITE: www.komex.com K®ILEX ENVIRONMENT AND WATER RESOURCES 15 October 2003 P1555 City of Huntington Beach Engineering Division — Public Works Department 2000 Main Street P.O. Box 190 Huntington Beach, California 92648 Attn: Mr. Duncan S. Lee, P.E. Re: Proposal For As -Needed General Environmental Engineering Services Dear Mr. Lee: We appreciate this opportunity to present our proposal for the items outlined in the Request For Proposals (RFP) For Professional Consulting Services For As -Needed General Environmental Engineering Services, dated September 3, 2003. We look forward to providing the City of Huntington Beach with innovative, cost effective consulting services. It's The Experience That Counts. The Komex team members that will serve the City of Huntington Beach as part of this contract have extensive experience in all aspects of the proposed scope of work including: undertaking monitoring and inspections; performing studies and writing reports; preparing grant applications; developing preliminary engineering concepts; applying for permits;. preparing construction documents; providing liaison during the bidding process; and construction management. It's The Relationships That Make The Difference. Komex has worked with the City of Huntington Beach on three previous occasions as well as other clients in the area including the Orange County Sanitation District, the County of Orange, and the California Energy Commission. Though our work in California, we have developed excellent working relationships not only with these local clients, but also with regulatory agencies such as the Regional Water Quality Control Boards (RWQCB) and the Department of Toxic Substances Control (DTSC). Komex has assembled a team of exceptionally qualified individuals who can address many of the task requirements detailed this proposal, and we believe we can offer the City of Huntington Beach many significant benefits including: 28904_l .DOC 1 KOMEX USA, CANADA, UK AND WORLDWIDE • Proposal For As -Needed Enviroentol Engineering Services Commitment. Komex is committed to providing the City of Huntington Beach with the finest service and support through prompt responses to all requests from the City of Huntington Beach Project Managers; clear communication and compliance with all project, schedule and budget objectives; and the personal dedication of the designated Project Manager, Wade Major, the staff at Komex, and the team members selected for their specific expertise. Technical Excellence. Komex provides a level of expertise in hydrogeologic and earth sciences, due diligence, regulatory compliance, environmental permitting, water resources, and environmental engineering that far exceeds that of most consulting firms. In particular, the majority of our technical staff have a masters degree, Ph.D., and/or professional registration; and senior staff hold professional registrations in geology, hydrogeology, geophysics, engineering (civil, mechanical, and chemical), environmental assessment, and general engineering contracting. An Organizational Chart of our proposed project team is included as Figure 1 of this proposal. Our Schedule of Hourly Rates is included as Appendix A of this proposal. A copy of our proof of minimum insurance is included as Appendix B of this proposal. This proposal is a firm offer valid for a 60-day period. We are confident that we have assembled a team of unparalleled caliber, and we look forward to putting our knowledge, experience, understanding, and commitment to work for the City of Huntington Beach. If you have any questions regarding this proposal, please contact me at 714.379.1157 x141. We appreciate this opportunity to bid on this project, and we look forward to working with the City of Huntington Beach. Thank you for your time and consideration. Respectfully Submitted, KOMEX Wade Major Environmental Engineer- 28904_1.DOC 2 KOMEX USA, CANADA, UKAND WORLDWIDE • Proposal For As -Needed Enviro0ental Engineering Services TABLE OF CONTENTS APPROACH................... :.................................................................... 1 1.1 SCOPE, EXPERIENCE & TASKS...................................................................1 1.2 GENERAL APPROACH & DOCUMENTATION.............:..............................1 1.3 INVESTIGATIONS & STUDIES......................................................................2 1.3.1 Work Plan Development...............................................................2 1.3.2 Environmental Documentation Review.......................................3 1.3.3 Field Investigation..........:....................................... 1.3.4 Data Management........................................................................4 1.4 GRANT APPLICATIONS & PERMITS............................................................5 . 1.5 ENGINEERING & CONSTRUCTION............................................................5 1.6 THE IMPORTANCE OF PUBLIC PARTICIPATION.........................................6 Z TEAM ORGANIZATION......................................................................7, 2.1 KEY PERSONNEL........................................................................................7 3STATEMENT OF QUALIFICATIONS...................................................10 LIST OF FIGURES 1 Organizational Chart LIST OF APPENDICES A Schedule of Hourly Rates B Proof of Minimum 1lsurance 28904_I .DOC i KOMEX USA, CANADA, UK AND WORLDWIDE IS Proposal For As -Needed EnvirAental Engineering Services 1 APPROACH 1.1 SCOPE, EXPERIENCE & TASKS With respect to the scope of work noted in the RFP, the required experience and potential tasks that were detailed, Komex has assembled a team that can address each of the eight items noted in the scope of work in the following six main categories: • Civil engineering; • Geoscience investigations; • Wetlands; • Soil gas monitoring & treatment; • Stormwater quality; and • Microbiology. Our specific experience related to items described in the RFP is in the areas of passive & active gas. collection systems; wetland natural treatment systems; stormwater quality and includes tasks such as performing field investigations; routine gas monitoring; maintenance and inspection of gas collection systems; commercial and industrial water quality inspections; review of water quality best management practices; research studies, preparing grant applications; and the design and preparation of plans, specifications, cost estimates and contract documents. 1.2 GENERAL APPROACH '& DOCUMENTATION Komex's general approach to each project will include the following: • Clear and frequent communication with the City of Huntington Beach Project Managers; • Prompt response to requests from City of Huntington Beach Project Managers; • Timely and comprehensive completion of work assignments; • Collection of scientifically and legally defensible data in accordance with standard practices; • Completion of work assignments using sound practical environmental engineering and geoscientific analysis; and • Attention to the long-term goals and objectives of the City of Huntington Beach. All environmental documentation will, at a minimum, be prepared in accordance with the following: • Guidance for Performing Site Inspections Under CERCLA, Interim Final, USEPA, 540-R-92-02, September 1992; 28904_ I .DOC 1 KOMEX USA, CANADA, UK AND WORLDWIDE • Proposal For As -Needed EnvAental Engineering Services • Data Revie7v Report Format, USEPA, 9QA-09-89, September 1989; • Laboratory Documentation Requirements for Data Validation, USEPA, 9QA-07-90, January 1990; • Final Guidance for the Data Quality Objectives Process, USEPA, QA/G-4. September 1994; • Department of Toxic Substances Control (DTSC) PEA Guidance Mmulal, January 1994; • Guidance for Conduction Remedial Investigations and Feasibility Studies Under CERCLA, OSWER Directive 9355.3-01, USEPA, October 1988; and • American Society for Testing and Materials (ASTM). E 1527. As with the technical staff, the Komex field staff operates according to a set of standard operating procedures (SOPs). These procedures ensure that each task is conducted efficiently and consistently, whether it includes conducting a Phase I Environmental Site Assessment, sampling groundwater or writing a performance -based procurement and operations contract. For each field task, a standard set of field forms is completed during each field day of a project. These field forms are reviewed daily by the Project Managers, and copies are made for both the project files and a field log book. 1.3 INVESTIGATIONS A STUDIES The Investigations & Studies task encompasses the monitoring and inspection scope of work task as well as the studies and reports task identified in the RFP. Any investigation completed, as part of this contract will contain, at a minimum, the following four main elements: • Work Plan Development; • Environmental Documentation Review; • Field Investigation (as required); and • Data Management. 1.3.1 WORK PLAN DEVELOPMENT With an understanding of the project requirements, Komex will develop a prepare a logical and comprehensive site -specific work plan which will include site -specific information obtained from preliminary site assessments and previous characterization programs. At a minimum, the work plan will identify potential chemicals of concern (COCs), potential migration pathways, preliminary background chemical data, preliminary cleanup criteria, permitting requirements and pre -field planning requirements. The work plan will include procedures for the selected investigation methods, whether they include soil gas surveys, Geoprobe sampling, HydroPunch sampling or traditional drilling methods. Komex has used a wide range of sampling methods and has most successfully applied soil gas, Geoprobe and HydroPunch sampling methods to evaluate the extent of VOCs at various industrial facilities. If a project 28904_ 1. HOC 2 KOMEX USA, CANADA, UKAND WORLDWIDE • Proposal For As -Needed Envir*entol Engineering Services involves the production of investigation -derived wastes, the work plan will also address the disposal of the waste. The work plan will also include three appendices as described below: Sampling & Analysis Platt (SAP). The SAP will be based on the City of Huntington Beach's project specific data requirements. The SAP will provide a detailed summary of sample locations, methods, handling, preservation and analyses for the characterization program. Quality Assurance Plait (QAP). The QAP will include quality assurance and control protocols for both field activities and laboratory analyses. The QAP will also include a detailed list of required analytical detection limits. Health &d Safety Platt (HASP). The HASP will be prepared by the Komex Corporate Health and Safety Officer. The HASP will comply with all requirements of the Federal Health and Safety Code (29 CFR 1910.120). 1.3.2 ENVIRONMENTAL DOCUMENTATION REVIEW Komex regularly provides third -party technical and legal reviews of environmental documents prepared by other consultants, including Preliminary Site Assessments (PSAs), Remedial Investigation / Feasibility Studies (RI/FS), Remedial Action Plans (RAPS), Health Risk Assessments (HRAs) and' construction drawings and specifications. We will provide prompt and thorough technical reviews of these types of documents as required for any particular project for the City of Huntington Beach. The personnel completing each review will have experience appropriate to the nature of each report. The document review process typically includes, but is not limited to, the following: • Site visits to verify the accuracy of maps and figures; • Review of consistency between the data collected (laboratory analytical and field) and the data presented in the text, tables and figures; • Review of laboratory QA/QC data; • Review of all calculations and numerical model results; • Independent analysis and evaluation of the data; • Comparison of reviewer conclusions with the author's conclusions; and • Recommendations for further work, if necessary. As an example, Komex is currently reviewing reports produced from the investigations of over 40 facilities with contaminant releases that may have impacted the City of Santa Monica's Charnock Well Field in Los Angeles. This well field is a major source of drinking water to nearby residents, and the reviews are submitted to both the City, USEPA and the RWQCB. 28904_l .HOC 3 KOMEX USA, CANADA, UKANDWORLDWIDE • Proposal For As -Needed Envir0ental Engineering Services 1.3.3 FIELD INVESTIGATION To ensure that the field program progresses efficiently, the Komex Project Manager will prepare and distribute a detailed schedule of activities to all involved parties. This simple planning task is critical to the success of each project. Prior to proceeding with the any field program, the site will be surveyed for existing utilities, by contacting Underground Service Alert (USA), and conducting a surface geophysical survey, if necessary. The field investigation programs may include, but are not limited to, the following: • Health and safety meetings • Well or probe installation • Preparation of decontamination area • Soil excavation • Identification of work areas - • Groundwater sampling • Marking of sample locations • Sample collection • Geophysical logging • Site survey • Waste characterization and disposal • Sample handling, storage, transport • . Borehole abandonment • Well completion • Equipment decontamination The samples will be submitted to the analytical laboratory according to the procedures described in the Work Plan and SAP. Following receipt of analytical results, the data will be validated by reviewing the following: • Compliance with Chains -of -Custody; • Laboratory quality assurance data (method blanks and matrix spikes); • Field quality assurance data (field, equipment and trip blanks); • Background sample analytical results; and • Analytical detection limits. Following validation, compilation, and analysis of the data, a draft report will be prepared according to the requirements of the City of Huntington Beach. The draft report will then be reviewed internally by the Komex Project Manager and QA/QC Managers. Once the report has been thoroughly reviewed, the draft report will be submitted to the City of Huntington Beach for review and comment. After incorporation of all comments, the report will be finalized and submitted in paper and electronic form. 1.3.4 DATA MANAGEMENT Komex manages all analytical and field data electronically using the EQUIS database developed by EarthSoft. By working with our subcontractor laboratories, we have developed efficient and effective procedures for the transmission of data electronically. In this way, the data can be imported into the EQUIS database with a minimum of manipulation, thereby virtually eliminating the time consuming and error prone transcription process. 28904_1.DOc 4 KOMEX USA, CANADA, UK AND WORLDWIDE 0 Proposal For As -Needed Envirmental Engineering Services In a recent project, we were able to use data managed in EQUIS to efficiently produce a Remedial Investigation report that presented tabular summaries of over.500,000 data points that included soil, soil vapor and groundwater samples. This enormous data set was also graphically presented using Environmental Visualizafion System (EVS) software. To graphically present the information in a usable and easily understandable format, the EQUIS database was coupled with EVS to produce over 100 figures. 1.4 GRANT APPLICATIONS & PERMITS Komex is familiar the grant application processes for many different types of fielding opportunities. Last year we assisted the City of Huntington Beach in preparing a grant application to obtain funding under Proposition 13 for the diversion and treatment of dry weather runoff from the East Garden Grove Wintersburg Channel to a constructed wetland proposed for Central Park. As part of the grant application process, Komex will: • Work with City staff to identify applicable grants; • Attend workshops and meetings with City staff on the particulars of grant applications at the offices of the various granting agencies; • Develop and compile applicable and appropriate information for particular grant applications; and • Assist City staff in writing and revising the grant applications and preparing the associated support materials. As part of our varied project experience, Komex has developed expertise in obtaining permits required for many different types of work tasks including investigation, planning, construction, and operation. Some of the agencies that we have worked with in obtaining these various permits include: • Municipalities (traffic control permits, engineering & construction permits [various types]); • RWQCB (waste discharge requirement permits, NPDES permits); • South Coast Air Quality Management District (SCAQMD) (permits to operate); and • Department of Health Services (well construction permits). 1.5 ENGINEERING & CONSTRUCTION Komex has registered Professional Engineers and Geologists on staff with licenses in the following disciplines: • Civil Engineering (P.E. Civil);- • Mechanical Engineering (P.E. Mechanical); • Chemical Engineering (P.E. Chemical); • Geology (R.G.); and • Hydrogeology (C.Hg.). 28904_1.DOC 5 KOMEX USA, CANADA, UKAND WORLDWIDE • Proposal For As -Needed EnviSental Engineering Services We also have a number of staff that are working towards their professional registrations in these and other disciplines. As identified in the RFP, the Engineering & Construction task consists of providing services in the following four areas: • Preliminary Engineering; • Construction Documents; • Bidding Stage; and • Construction Stage. Our engineering staff has many years of experience in all aspects related to this task. In working through the engineering process, we work in accordance with specific design requirements such as plans and Y' specifications developed by individual municipalities and their various departments, and regulatory agency requirements (such as those of the RWQCB, DHS and SCAQMD). Cost estimate preparation is undertaken using a combination of three methods including experience with similar types of projects and obtaining quotes from contractors and sub -contractors; utilizing published materials on labor, equipment and materials such as the R.S. Means handbooks, and (particularly for estimating , costs associated with environmental investigations and remediation systems) use of estimating software such as RACER (Remedial Action Cost Engineering & Requirements). Combinations of these three methods are used to ensure that cost estimates are consistent and repeatable for a given set of design assumptions, and accurate to within the limits of known information at the time the estimate was prepared. Komex has a full -service CADD department as well as a GIS department. We have worked very successfully with City of Huntington Beach counterparts on several historical projects. We can prepare drawings and specifications.as required for any type of engineering project. In being an environmental consulting company, Komex has not only provided oversight in the preparation of contract documents, the bidding process, and construction management, but we have also acted as construction contractor on several projects. In having worked "both sides of the fence' Komex has developed a thorough understanding of the engineering process from concept through design, tender, procurement, construction and operation. 1.6 THE IMPORTANCE OF PUBLIC PARTICIPATION All environmental investigation, assessment, compliance, construction and remediation projects require interaction with the community and one or more regulatory agencies. At J Komex, we believe that successfully completing a project requires maintaining a cooperative and credible relationship with the agencies from the early ,decision -making 28904_I .DOC 6 KOMEX USA. CANADA, UK AND WORLDWIDE • Proposal For As -Needed EnviSentol Engineering Services stages through to site closure. The key members of the Komex team have worked with both staff and senior level personnel at agencies ranging from the local RWQCB and AQMD, to the DHS and DTSC, and the USEPA and the Department of Interior. As;an advisor to our clients, Komex endeavors to present clear and precise information to facilitate a complete understanding of each project by the agencies. We understand that the stakeholders are not always intimately familiar with each project, therefore, by presenting information in ways that are readily accessible; we are able to expedite project and document review, and ultimately site closure. Project Exaniple Komex helped bring together the DHS, USEPA, RWQCB and the community to provide systematic review and oversight of the restoration of Santa Monica's Arcadia Well Field. By doing so, review times were dramatically decreased, and the agencies were able to provide a single, unified review of each aspect of the project. 2 TEAM ORGANIZATION The Komex philosophy of project management emphasizes communication above all else. This ensures that goals are achieved, budgets and schedules are met, progress is reported, and deliverables are submitted. The procedures used by Komex have been developed over many years and hundreds of projects, are adaptable to projects and tasks of all scopes and sizes, and include scheduling, job costing and resource allocation capabilities. Please see Figure 1 for the Komex Project Team Organization Chart. 2.1 KEY PERSONNEL The brief descriptions of the key personnel in this section are intended to introduce the talented individuals who will serve as integral team members on any contract awarded. Principal -in -Charge Anthony Brown President & Principal Hydrologist Mr. Browns primary role will be to support the Project Manager and ensure that appropriate resources are allocated to the project. Mr. Brown is a versatile and proficient environmental professional with over 15 years of experience in hydrology, hydrogeology, groundwater modeling, fate and transport of organic contaminants, groundwater remediation, water resource evaluation, and water supply engineering. Mr. Brown has conducted and managed a variety of hazardous waste site investigations. He has prepared Environmental Site Assessments, conducted Characterization Studies for soil and groundwater contamination, and designed and implemented remedial action programs for soil and groundwater clean-ups. He received his M.S. in hydrology, a postgraduate diploma in civil engineering, and a B.A. in 28904_ 1, DOC 7 KOMEX USA. CANADA. UKAND WORLDWIDE • Proposal For As -Needed EnvirSental Engineering Services geography. Mr. Brown has worked on projects throughout California, and has international experience on projects in the United Kingdom; Eire, Canada, Mexico, Peru, Columbia, Yemen, and Nepal. Mr. Brown has acted as the Principal -in -Charge, Project Manager and QA/QC Manager for Komex's largest projects, including the City of Santa Monica, the Missouri Electric Works Superfund site, and the Los Angeles Academy Middle School. Project Manager Wade Major Senior Environmental Engineer Mr. Major is our designated Project Manager. Mr. Major is an environmental engineer with over 10 years of experience in the environmental consulting field that he has gained in Canada and the United States after completing degrees in Civil Engineering (B.Sc.) and Environmental Engineering (M.Eng.) at the University of Alberta in Edmonton, Alberta, Canada. Due to his extensive experience overseeing large scale, long-term environmental, regulatory, and engineering projects, Mr. Major is well suited to manage this project. Mr. Major has worked with the City of Huntington Beach on three previous projects. Mr. Major will act as the primary contact for the City of Huntington Beach, and will oversee and review all aspects of the scoping, fieldwork, analysis, evaluation and reporting of this project. As Project Manager, Mr. Major will oversee the work of the technical staff and ensure that all tasks are completed according to the approved budgets and schedules with the highest regard for quality. He will meet regularly with the City of Huntington Beach project managers, attend public forums, and review the deliverable work products. Alternate Project Manager / Civil Engineering Samuel Kramer, P.E. Komex Engineering Group Manager Mr. Kramer -is a senior civil engineer with over 10 years of experience in environmental services. Mr. Kramer's experience encompasses environmental site assessments, constructed wetlands, storm water management, landfill engineering, industrial wastewater treatment, soil and groundwater remediation systems, and construction. Mr. Kramer -also has experience in permitting and regulatory compliance for construction, wastewater, and wetlands projects. Mr. Kramer received his B.S. in Civil Engineering from San Francisco State University, and his M.S. in Civil Engineering from Northwestern University. He has significant experience in the investigation of contaminated soil and groundwater, CERCLA Remedial Investigations and Feasibility Studies (RI/FS), and the design, permitting, and installation of soil and groundwater remediation systems. Mr. Kramer has managed a variety of engineering projects, including drinking water treatment, UST removals and installations, and constriction dewatering. Wetlands Heather Shepherd, Ph.D. (Candidate) Senior Environmental Engineer / Wetlands 6 Habitat Specialist Ms. Shepherd is a Constructed Wetlands and Habitat Specialist with over 8 years of professional experience as a water quality consultant. Ms. Shepherd received a B.S. in Biology from University of California, Berkeley, California and is completing her Ph.D. in Hydrology at University of California, 28904_t .DOC 8 KOMEX USA, CANADA, UKAND WORLDWIDE • Proposal For As -Needed EnvirOental Engineering Services Davis. Ms. Shepherd has provided permitting documentation, CEQA compliance assistance, and Regional Water Quality Control Board permitting support. Ms. Shepherd is also a trained wetland and habitat restoration specialist with experience in mitigation planning, hydrologic assessment of natural and constructed wetlands, water quality analysis, vegetation management planning, and ecological research. Ms. Shepherd spent several years in environmental education, both teaching students directly at site -based instructional centers, and in curriculum development including the development. of computer aided educational tools for assessing viable wetland habitat. Recently, Ms. Shepherd has served on several Regional Water Quality Control Board Panels addressing water quality management for wetlands, wineries, and vineyards. Soil Gas Monitoring & Treatment Steve Winners, P.E. Senior Civil Engineer Mr. Winners has a Bachelor of Science degree in Agricultural Engineering from California Polytechnic State University, San Luis Obispo. He is registered in the State of California and State of Wyoming as a Professional Civil Engineer. Mr. Winners is a versatile engineer with nine years of environmental consulting expertise in assessment and remediation of contaminant releases to soil and groundwater. His career development has included environmental due diligence assessments for property transactions and litigation support, soil and groundwater investigations using various invasive and non-invasive techniques, and soil and groundwater remediation using various presumptive remedies and developing technologies. Mr. Winners evaluates treatment system value and performance, evaluates soil and groundwater geochemistry, and supervises fieldwork including pilot testing, drilling, construction, monitoring, and treatment system operation and maintenance. In the course of his career, Mr. Winners has assisted agriculture, banks, and lending institutions, chemical manufacturers, land developers, municipalities, pharmaceutical manufacturers, pipeline and terminal corporations, real estate management groups, and scrap metal recyclers. Geoscience Investigations David Bolin, R.G., C.Hg.. Komex Geosciences Group Manager Mr. Bolin has more than 20 years of professional management and supervisory experience in hydrogeology, environmental sciences, and exploration. Mr. Bolin has B.S. in Geology from the University of Massachusetts and an M.S. degree in Geology from the University of Georgia. His primary areas of technical expertise include water supply, regulatory negotiation and compliance, litigation support, soil and water quality assessment and remediation, Phase I and Phase II environmental site assessment, landfill siting and investigation, and underground storage tank assessment and compliance activities. Additional areas of expertise include petroleum- and chlorinated -compound related environmental impact and compliance issues. Stormwater Mark Grismer, Ph.D. Senior Agricultural Engineer / Hydrologist 28904_1.DOC 9 KOMEX USA, CANADA, UKAND WORLDWIDE 0 Proposal For As -Needed EnvW ental Engineering Services Dr. Grismer is a hydrologist with over 20 years of professional experience as a water resources consultant. Dr. Grismer received his Ph.D. in Agricultural Engineering, with a emphasis in Groundwater Hydrology, from Colorado State University. Dr. Grismer also received: a M.S. in Environmental Engineering, with a emphasis in Hydrology and Water Quality, from Oregon State University and a B.S. in Agricultural Engineering, with a emphasis in Soil and Water Science, from Oregon State University. Dr. Grismer is well versed in preparing, supporting, and providing expert reviews of environmental documents related to CEQA, NEPA, EIRs, and the Clean Water Act. He also has extensive experience with various environmental laws and regulations. Dr. Grismer is a Senior Professor at the University of California at Davis and he teaches several environmental and water resources courses. In addition, Dr. Grismer has authored and co-authored numerous technical and professional publications and papers. Microbiology Tony Jones, Ph.D. Senior Environmental Microbiologist / Biologist Prior to joining Komex, Dr. Jones was a post -doctoral research associate at King's College London, assessing biodegradation and remediation constraints at a manufactured gas plant in the UK. Dr. Jones also has considerable experience in quantifying biodegradation and contaminant half-lives for MTBE, TBA, PAHs, and BTEX compounds. Dr. Jones managed a water quality project in 2002 with the California Energy Commission, which required starting a large sampling schedule within a week of being awarded the contract. As part of the contract with the California Energy Commission, over 1,500 microbiological water samples were collected within a three-month time period, with more that 2 million data points handled in total. Dr. Jones has considerable experience in sampling and analysis (molecular, microbial and chemical), development of sampling methodologies, quality control and assurance, development, application, and monitoring of bio-remedial technologies. He also has considerable experience of the quantification of in situ bio-degradative activity at several sites in the UK, France, Germany, and Brazil. Dr. Jones has prepared numerous technical reports, presented oral and written papers at national and international conferences, and published several peer -reviewed papers regarding numerous biological and microbiological issues. 3 STATEMENT OF QUALIFICATIONS Komex H2O Science, Inc. (Komex) has been providing environmental services to ' clients throughout California since 1992. Komex was founded in 1977 to provide environmental and Letter from Don Rice to Komex, 1997: 'The Port of Los Angeles would like . to thank you and your team for your demonstrated technical skills and knowledge as well as your response to the needs of the Port..." water resources consulting services to clients in Western Canada. Over the last 25 years, the proportion of our work in the environmental sector has increased, and we have expanded our services throughout the world. Today, our main offices are located in Westminster, California; Calgary, Canada; and Bristol, in the United Kingdom (UK). However, we 29904_1.DOc 10 KOMEX USA, CANADA, UKAND WORLDWIDE I* Proposal For As -Needed Env*mentol Engineering Services also have many local branch offices in the US, Canada, and the UK, and smaller offices in countries throughout the world that ensure local sensitivity and content. The professionals at Komex are committed to the application of technological and scientific solutions that effectively meet the needs of our clients, while contributing to the protection and preservation of the environment. Combining exceptional technical ability with a personal approach to service, Komex has proven itself as a global leader in the area of environmental and engineering consulting services. Due to space limitations for content and format as per the RFP, we have only included project descriptions with references for three projects of note. We would be happy to provide many additional project summaries upon request. City of Huntington Beach Subsirn face Investigation Monitoring data from the Orange County Sanitation District (OCSD) showed high levels of indicator bacteria in near shore waters off Huntington Beach in April 1999. By July 1M, the first ocean water recreational closure of the summer was implemented. By the end of the summer, over 4.5 miles of ocean water access along Huntington City Beach and Huntington State Beach were . closed due to bacterial contamination. A multi -consultant Team was formed to investigate the possible source(s), transport mechanism(s) and corrective measure(s) for the elevated concentrations of indicator bacteria. The KOMEX scope of work consisted of a Biological investigation and water sampling, geophysical, Groundwater Sampling hydrogeological, and sediment investigation. Ten sites in and around Huntington Beach, California were investigated. During the course of the investigation, 111 groundwater samples, 294 soil and sediment samples, 23 surface water samples, 13 vegetation samples, 117 groundwater levels and approximately 7.7 miles of geophysical data were collected. Data from the study was compiled, analyzed, and presented in a report submitted to the Huntington Beach Public Works Department. Komex Project Manager: Brandon Eisen Client: City of Huntington Beach Contact: Mr. Robert Beardsley, P.E., Director of Public Works Address: 2000 Main Street, Huntington Beach, California 92648 Phone: (714) 536-5437 Completion Date: November 2000 Total Cost: $635,000 28904_ 1. DOC 11 KOMEX USA, CANADA, UKAND WORLDWIDE Proposal For As -Needed EnV_)rnerital Engineering Services City of Huntington Beach DoiDntomi Groundzt,aterInvestigation Approximately 154,000 linear feet (46.9 kilometers [km]) of sanitary sewer line was installed in the downtown and "old town" areas of Huntington Beach from 1914 to 1966, with additional sewer line being installed from 1967 to present day. Internal pipe inspections conducted by the Public Works Department showed that the aging pipe infrastructure had several (if not many) locations that were cracked and/or potentially leaking. The cumulative, long-term effect of these numerous potential sewage leaks on the quality of the local groundwater was unknown. The objective of the scope of work proposed by Kornex was to determine if leaking sanitary sewer infrastructure had impacted local groundwater quality. Nine groundwater -monitoring wells were located Aerial VieiD of Huntington Beach and installed to ensure that representative and complete investigation within and around the perimeter of the downtown / old town area occurred. The wells were also co -located in areas where several known sanitary sewer leaks have occurred. An additional existing groundwater monitoring well at the Atlanta storm water pump station was also included as part of this study. Groundwater samples were collected from each of the ten groundwater monitoring wells (nine installed, one pre-existing) once per week for five weeks. Each groundwater sample was analyzed for a suite of biological indicators that are typically found in raw sewage. These biological indicators included fecal coliform, enterococci, male -specific bacteriophage, total organic carbon, organic nitrogen, ammonia, nitrate, nitrite, organic phosphorus, and inorganic phosphate. Groundwater elevations in each of the ten wells were measured a two different times during the study to determine the direction of groundwater flow and the approximate groundwater gradient within the study area. Komex Project Manager: Wade Major Client: City of Huntington Beach Contact: Mr. Robert Beardsley, P.E., Director of Public Works Address: 2000 Main Street, Huntington Beach, California 92648 Phone: (714) 536-5437 Completion Date: June 2001 Total Cost: $200,000 28904_1.DOC 12 KOMEX USA, CANADA, UK AND WORLDWIDE Proposal For As -Needed Envir'-`pental Engineering Services Charles Spinetta Winery Wetlands Engineering Fa Regulatory Compliance Komex obtained permitting for the difficult Regional Water Quality Control Board area by designing a double liner -leak detection system for the treatment system. Komex also conducted water quality and flow audits for this winery, planned, and designed the constructed wetland system for this winery. This work included assessing the floodplain area, determining maximum storm intensity, analyzing soil conditions, and assessing ground water supply and quality. Consulting continues in preparing required monitoring and regulatory documents, performing annual tracer studies and other miscellaneous services. The wetland _ wastewater treatment system that Komex constructed was permitted and constructed in accordance with newly imposed regulations from the Central Valley Regional Water Quality Control Board. Initial monitoring results from the first harvest season indicate good treatment with water quality in compliance with regulations. Komex Project Manager: Heather Shepherd Client: Spinetta Winery Contact: Mr. Charles Spinetta Address: 12557 Steiner Road, Suite -Plymouth, California 95669 Phone: (209) 254-3386 Completion Date: Ongoing Total Cost: $50,000 Wetlands Engineering 28904_l .DOC 13 KOMEX USA, CANADA, UKAND WORLDWIDE As -Needed General Environmental Engineering Services Anthony Brown Principal -in -Charge Heather Shepherd I I Steve Winners, P.E. Wade Major Komex Project Manager David Bolin, R.G., C.Hg. Samuel Kramer, P.E. Alternate Project Manager/Civil Engineering Mark Grismer, Ph.D. I I Tony Jones, Ph.D. Wetlands I I Soil Gas Monitoring & Treatment I I Geoscience Investigations+ I Stormwater I I Microbiology Figure 1 <KOMEX Organization Chart PI555or,.ppt • PROPRIIS FORMATION, DO NOT COPY, CITE OR DIST E WITHOUT THE PERMISSION OF KOMEX Ar. wi KOMEX Schedule Of Fees ENVIRONMENT AND WATER RESOURCES Dated: January 1, 2003 1. Technical Services �'/P��•�w-� Technical Services performed by personnel of KOMEX•H2O SCIENCE•INC. (Komex) for hours actually spent on projeci.1-V activity, including office, field and travel time, will be charged as follows (in U.S. Dollars): Professional Personnel Includes geoscientists, engineers, environmental scientists, toxicologists, and information systems Principal $195 Vice President $155 Senior Manager $145 Project Manager $135 Senior Engineer/Scientist $120 Project Engineer/Scientist $105 Staff Engineer/Scientist $ 95 Support Personnel Administrative Manager $ 75 Senior Project Assistant $ 65 Project Assistant $ 55 Graphics Designer $ 85 CADD Operator $ 75 Field Services Manager $ 85 Senior Field Technician $ 65 Field Technician $ 55 Unless otherwise agreed to in writing, time will be billed in half hour increments. For the following specialist services the above rates will be subject to a rate multiplier: 1: Overtime (hourly or non-professional support staff) -1.25 times 2. Night, weekend or holiday work requested by the client (all staff) -1.5 times 3. Consulting boards, advisory panels or similar specialist consultation (all staff) - 1.5 times 4.. Percipient witness testimony (all staff) - 1.5 times 5. Declarations, deposition and trial preparation (expert witness) - 1.5 times 6. Trial testimony (expert witness) - 2.0 times For these specialist services time will be billed in quarter hour increments, with a minimum four-hour total for items 3 through 6. Rates for other specialist services can be negotiated on a case -by -case basis. 2. Subsistence and Expenses Living and travel expenses incurred by personnel of Komex associated with a project will be charged at cost plus fifteen percent (15%). A fixed per diem can be negotiated for specific projects. 3. Materials, Subcontracts, and Equipment Rental Direct material, equipment, outside services, and other expenses contracted or incurred by Komex on behalf of a project will be charged at cost plus fifteen percent (15%). These disbursements include, but are not limited to: Field Equipment (e.g. field vehicles, sampling equipment, etc.); Subcontractor Services (e.g. d(lling, laboratory analyses, waste disposal, etc.); Materials and Supplies (e.g. well construction materials, sampling supplies, etc.); and Other expenses (e.g. insurance, permits, licenses, and bonds). Postage; non -overnight shipping, telephone (office and cellular), office computing (including drafting), facsimile, photocopying (excluding color) and miscellaneous office supplies will be billed as an administrative fee of five percent (5%) of project personnel billings. 4. Billings Statements normally will be issued monthly, or at the completion of the project, and are payable upon receipt, unless otherwise agreed in writing by Komex. Interest, at the rate of one and one half percent (1.5%) per month, not to exceed the maximum rate allowed by law, will be payable on any amounts not paid within thirty (30) days; payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. C:\MARKETING\MarketingProposals\Fees\Fees2.doc KOMEX USA, CANADA, UK AND WORLDWIDE m W4-0-1-1:119ml • • A. Hourly EXHIBIT B CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Principal $195.00 Vice President $155.00 Senior Manager $145.00 Project Manager $135.00 Senior Engineer/Scientist $120.00 Project Engineer/Scientist $105.00 Staff Engineer/Scientist $ 95.00 Administrative Manager $ 75.00 Senior Project Assistant $ 65.00 Project Assistant $ 55.00 Graphics Designer $ 85.00 CADD Operator $ 75.00 Field Services Manager $ 85.00 Senior Field Technician $ 65.00 Field Technician $ 55.00 For the following specialist services the above rates will be subject to a rate -multiplier: 1. Overtime (hourly or non-professional support staff) 1.25 times 2. Night, weekend or holiday work requested by the Client (all staff) 1.5 times 3. Consulting boards, advisory panels or similar specialist consultation (all staff) 1.5 times 4. Percipient witness testimony (all staff) 1.5 times 5. Declarations, deposition and trial preparation (expert witness) 1.5 times 6. Trial testimony (expert witness) 2.0 times For these specialist services time will be billed in quarter hour increments, with a minimum four-hour total for items 3 through 6. Rates for other specialist services can be negotiated on a case -by -case basis. B. Travel C. Billing Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. Automobile expenses are limited to Twenty-seven Cents ($0.27) per mile. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case or matter. komex H2O Science 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information. on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 8. 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. 9. CONSULTANT shall submit to CITY an invoice for each monthly 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. 10. 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. komex H2O Science V/ W \ r INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST ® RECEIVED 1. Requested by: Christi Mendoza, Risk Management NOV 01 2004 2. Date: September 30, 2004 CitY of Citygtt ndngtoO Ce�h 3. Name of contractor/permittee: Komex H2O Science, Inc. 4. Description of work to be performed: Consultant on -call environmental servics for non- desian & related studies (as -needed basis for groundwater_ investigation) 5. Value and length of contract: - $10,000 - $300,000-, varies (as -needed basis 6. Waiver/modification request: Cancellation clause wording 7. Reason for request and why it should be granted: Unable to comply with the city's cancellation clause wording requirement 8. Identify the risks the City in approving this waiver/modification: None. Head Signature o t,' /10L4 Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attomey's Office disagree. 1. Risk Management /,///o L Approved ❑ Denied Signature Date 2. City Attorney's Office �pproved ❑ De ed *13;ignatilr,P Date _ 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services U vv . w p. _,, _ �• CERTIFICATE NUMBER LOS-000263925-15 PRODUCER / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Senates NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE /o 777 South Figueroa Street l/C///`'�//) POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Los Angeles, CA 90017 AFFORDED BY THE POLICIES DESCRIBED HEREIN. CA License No. 0437153 �� �f /� 0-11&G/ L�J COMPANIES AFFORDING COVERAGE Cam/ / Attn: V NORMAN COMPANY 00000-all-all-04-05 A American International Specialty Lines Insurance Co. / INSURED lILI COMPANY KOMEX H2O SCIENCE, INC. Iv l.�` //7 (JJ 5455 GARDEN GROVE BOULEVARD B Commerce & Industry Insurance Company 2ND FLOOR COMPANY WESTMINSTER, CA 92683 C Liberty Mutual Insurance Company COMPANY D .:r,.xsafies,.� vraasa�si8m:3s •"^�.°vm°'.'ix.ze�:cII^+aAnau��..��".aE°x.C.�°o1wPrYai' xY.�..uw,xw.w.b°avem vwm.+s"�..aeAev.S..»�exwnniw'.E.'Twax>.w�iE:Ka&i�i:a3:Hwm»'nn�%s`9�`�.ezf.a� � ..s�'.a�'...:z"".'."c+S:=�:i�k�k�:h.`.x�C::A«."'�` THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY PROP1951012 05/31/04 05/31/05 GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $ 1,000,000 CLAIMS MADE a OCCUR w- PERSONAL & ADV INJURY $ 1.000,��0 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 250,000 MED EXP (Anyone erson $ 10,000 B AUTOMOBILE LIABILITY CA5054379 05/31/04 05/31/05 COMBINED SINGLE LIMIT $ 1,000.000 X ANY AUTO BODILY INJURY $ ALL OWNED AUTOS 'Physical Damage Coverage For' SCHEDULED AUTOS 'Specifically Described Autos Only' (Per Person) BODILY INJURY (Per accident) , $ HIRED AUTOS NON43WNED AUTOS '$1,000 Comprehensive Ded.' '$1,000 Collision Ded � App ® AS TO IF�71 n'Q ROPERTY DAMAGE $ GARAGE LIABILITY } AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: ft .-: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC1-672-074410-014 09/15/04 05/31l05 W C STATU- OTH X TORY LIMBS ER :< EL EACH ACCIDENT $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 THE PROPRIETOR/ X INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER A Contractors Operations COPS1951011 05/31/04 05/31/05 PER CLAIM 1,000,000 and Professional Services AGGREGATE 1,000,000 SIR 100,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS WHERE REQUIRED BY WRITTEN CONTRACT, THE CERTIFICATE HOLDER, ITS AGENTS, OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED (EXCEPT FOR WORK COMP) AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER IS AWARDED 10 DAYS NOTICE OF CANCELLATION IN THE EVENT OF NON-PAYMENT OF PREMIUM. AS RESPECTS WORKERS COMPENSATION A WAIVER OF SUBROGATION 1S AWARDED IN FAVOR OF THE CERTIFICATE HOLDER - SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _Q DAYS WRITTEN NOTICE TO THE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS CERTIFICATE HOLDER NAMED HEREIN, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 MARSH USA INC. BY: John F WesleyZG{ xs= „y. x ge��.Z.°� ,°�"sx"-.. e`' "�^z »..^""," ^`Sy.- VALID AS OF:�fl9128/04 '•v `, "�Ix `$t�"€�'..'t""t".'°^e€'�`° _ R , ENDORSEMENT NO. 26 This endorsement, effective 12:01 AM, August 27, 2004 Forms a part of Policy No: PROP 1951012 Issued to: KOMEX H2O SCIENCE, INC. By: AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED / PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of $ 0.00 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arijsin out of your ongoing operations performed for the Additional Insured by or for you. I -IN Additional Insured: City of Huntington Beach, its agents, officers. d e' mye r i ,1• This does not apply to bodily injury or.property damiigetijsin out f\th sole negligence or willful misconduct of, or for defects in design furnished by the Addit n`al'Ip(N As respects the coverage afforded the obligations are not affected by any!o contingent, or on;ny other Kas-i . 1 i This endorsenr en _d es nbt ii crpa policy. aflrance is primary and non-contributory, and our such Additional Insured whether primary, excess, 's limits of liability as specified in the Declarations of this All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 78123 (6/01) PAGE 1 OF 1 C11486 Su ,i PROFESSIONAL SERVICE CONTRACTS Hu,n& :Mchm PURCHASING CERTIFICATION 1. Requested by: Todd Broussard 2. Date: November 18, 2004 3. Name of consultant: Komex H2O Science 4. Description of work to be performed: As -Needed services Envir. Engr. Services 5. Amount of the contract: $1,000,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 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 Explanation: 11. Attach _list of consultants from whom proposals were requested .(including a contact telephone number). ����-� ,% Z�, _ei 3 12. Attach proposed scope of work. 13. Attach proposed payment schedule. RD Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. PurchCert Komex.doc 11/18/2004 4:07 PM Broussard, Todd • • From: Broussard, Todd Sent: Tuesday, September 09, 2003 9:41 AM To: Webb, David Subject: FW: RFP for As -Needed Environmental Engineering Service Dave, FYI. Please forward to Mr. Beardsley. Todd, x5247 -----Original Message ----- From: Lee, Duncan Sent: Tuesday, September 09, 2003 9:14 AM To: Broussard, Todd Cc: Lucas, Geraldine Subject: RFP for As -Needed Environmental Engineering Service Hello Todd: Below are the names of the different consultants for the Environmental RFP. The objective is to have approved professional environmental service contract(s) on -hand so that staff is able to promptly respond to environmental issues in the City. Staff currently have needs for closed-landfill/methane related projects, and also storm water quality projects. The list of consultants came from Geraldine, County of Orange Local Health Agency, and various city staff from construction and design group. Camp Dresser/McKee Tait Engineering Cameron -Cole SCS Engineers EMCON/OWT Geosyntec Consultants HartCrowser GC Environmental Eng/Consulting CH2M Hill Komex H2O RBF Consulting Curbside TetraTech If you have other consultant(s) in.mind, please let me know, so that I can sent it to them Duncan Lee 375-5118 Tracking: Recipient Read Webb, David Read: 9/9/2003 6:42 PM • • CITY OF HUNTINGTON BEACH 20.00 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: / --S — Q,r TO: NaAe � S s l—miiUS�?��< id6 �3 City, state, zip ATTENTION: DEPARTMENT: REGARDING. , - tr ax .6i1 ✓ie�m�� �(oiilltz�(r�J6 �2.v� c� � See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. City Clerk Attachments: Action Agenda Page CC: Remarks: V Agreement RCA artment Department Department Bonds Insurance Other /Deed !' 1 1�. RCS. Agmmwnnt Y Insurance Other RCA Agreement Insurance Other RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name g1followup/lefters/coverltr.doc Department RCA Insurance 1 Telephone: 714-536.5227 ) (10) • December 20, 2004 - Council/AgIcy Agenda —Page 10 (Staff to Return to Council at a Date Uncertain to Request Approval of a Grant Application for Matching Funds.) Approved 7 - 0 E-12.. (City Council) Approve Four As -Needed Environmental Professional Services Agreements on an On -Call Basis for Public Works Department from 1) Stearns, Conrad, and Schmidt Consulting Engineers Inc. dba SCS Engineers; 2) Geosyntec Consultants Inc.; 3) KOMEX H2O Science; and 4) GC Environmental, Inc. (600.10) — Approve and authorize the Mayor and City Clerk to execute the following: 1) Professional Services Contract Between the City of Huntington Beach and Stearns, Conrad and Schmidt Consulting Engineers, Inc. dba SCS Engineers for As Needed Environmental Engineering Services; and 2) Professional Services Contract Between the City of Huntington Beach and Geosyntec Consultants, Inc. for As Needed Environmental Engineering Services; and 3) Professional Services Contract Between the City of Huntington Beach and KOMEX H2O Science for As Needed Environmental Engineering Services; and 4) Professional Services Contract Between the City of Huntington Beach and GC Environmental, Inc. for As Needed Environmental Engineering Services. Submitted by the Public Works Director. Funding Source: Funds would be made available from currently budgeted programs. Additional Council authorization will be requested for unbudgeted projects, as necessary. Approved 7 0 E-13. (City Council) Approve the Addition of a Contract Event Coordinator for the Fourth of July Celebration and Authorize Additional Budget Allocation (960.30) 1) Approve utilizing a contract event coordinator to help address the increasing complexity of the city's Fourth of July celebration, said contract not to exceed $16,000; and 2) Authorize an additional allocation of $16,000 from the Fourth of July Fund reserves into Contractual Services Account 20445803.69450 to cover hiring a contract event coordinator. Submitted by the Community Services Director. Funding Source: Fourth of July fund reserves. Approved 7 - 0 E-14 (City Council) Approve Amendment to the City's Enrollment in a Microsoft Enterprise Agreement for External Funding (600.10) Approve and authorize the Acting Information Services Director to execute the attached Amendment No. 001 to the Microsoft State and Local Government Enterprise Enrollment. Submitted by the Interim Information Services Director. Funding Source. Microsoft will provide $30,000 in product support services or a like amount for the city toward services provided by one of the Microsoft partners for the implementation of the next generation Microsoft networks (Active Directory). $25,000 per the attached agreement (Attachment 1) plus an additional $5,000 from a second Microsoft funding source authorized in the attached email from Microsoft (Attachment 2). Approved 7 - 0 F. Administrative Items - None