HomeMy WebLinkAboutKOMEX WATER SCIENCE - 2002-06-03California Renal Water Quality Ceitrol Board ,.
Santa Ana Region j
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Winston H. Hickox Internet Address: http://www.swrcb.ca.gov/rwgcb8 Q-j-1rj -02 = Gray Davis
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July 9, 2002
Mr. Robert Beardsley, P.E., Director of Public Works
City of Huntington Beach AM WDEAPART OF 7W gg_= ATTi
2000 Main Street COLMOLMEETWOF -i - o Z
OffKX OF THE CITY CLERK
Huntington Beach, CA 92684 00WA BROCKWAY. CITY CLERK
mom• �¢
RESCISSION OF CLEANUP AND ABATE1vIENT ORDER NO.00-86 �/�U�' z-eQ1
Dear Mr. Beardsley,
We have reviewed the June 6, 2001 Final Report, "Downtown Huntington Beach
Hydrogeological Investigation" (Komex, June, 2001), submitted by�the City_of Huntington Beach
in compliance with Item No. 3 of Cleanup and Abatement Order (CAO) No. 00 8& This Report
documents the findings of the hydrogeological investigation completed by Komex, on•behalf of
the City, to determine the vertical and lateral extent of sewage contamination from sewers in
Huntington Beach. We concur with your consultant that the investigation\ did not find any _
evidence of groundwater pollution caused by the leaking sewers, and that at this time there is no
need for further investigation.
Since the hydrogeological investigation did not find any -evidence of groundwater pollution
caused by leaking sewers, Items No. 4, 5, and 6 of CAO No. 00-86 are no longer' appropriate.
The investigation, remedial action plan, and cleanup required by those items are not necessary.
Therefore, the City of Huntington Beach has fully complied with the requirements dfCAO No.
00-86, and Cleanup and Abatement Order No. 00-86 is hereby rescinded. By copy of this letter,
. are notifying the Orange County District Attorney's office that the City has fully complied
with the Order.
During the course of implementing CAO No. 00-86, several of my Ietters requested the City to
submit and implement plans -for repairing the leaking sewers. Although this was not specifically
required by CAO No. 00-86, we commend the City for undertaking such a large sewer
.rehabilitation program and we would like to continue to work with the City to ensure that the
City's sewage collection system is properly operated, maintained, and funded. The Regional
Board has adopted waste discharge requirements for all sewage collection agencies in Orange
County that establish consistent monitoring, reporting, operations, maintenance, and funding
requirements. As you know the City of Huntington Beach is named in these waste discharge
requirements.
California Environmental Protection Agency
(d Recycled Paper
Robert Beardsley - 2 - July 9, 2002
We would like to thank you, your staff, and the City Council for working with us to. address
leaking sewage collection systems in Huntington Beach. Please -contact Ken'Theisen at (909)
320-2028 or Michael Adackapara at (909) 782-3238, if there are any questions regarding this
letter.
Sincerely,
Gerard J. Thibeault
Executive Officer
cc: Wade Major, Komex
Robert C. Gannon, Jr., Assistant'District Attorney, County of Orange
California Environmental Protection Agency
ea Recycled Paper
Su-- ity Contracts Checklist for Submittal to
} City Clerk's Office
Hunt g o Beach's
(Please transmit this form when your contract is ready to be filed in the City Clerk's office)
To: Connie Brockway, City Clerk
x5404
N t._
1. Name of Contractor: ~' '
6�'Yt2X, zD C�.C,nC-Q-,lv)
J -
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
C;-
3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your
department if the file is ready to inactivate.
11 I, ( o3
4. Amount of Contract: 1t 9,
gJ4,� go
A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? ❑ YES t�LNO
B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? BL YES Q N/A
OR Is the attached contract a SOLE SOURCE? ❑ YES OLN/A
C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? P YES
PLEASE INCLUDE:
Geraldine Lucas
Name/Extension
Public Works
Department
June 4, 2002
Date
(_ITV ('I FRK'C (1FF1rI= I ICF nril V-
g:/forms/city clerk contract checklist.doc
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Inc —
FOR
&rct.yt+ Praos�p�eDara�:a�,
Table of Contents
1
Scope of Services.....................................................................................................1
2
City Staff Assistance.............................................................................:..................2
3
Term; Time of Performance.....................................................................................2
4
Compensation................................................................:.........................................2
5
Extra Work...............................................................................................................2
6
Method of Payment..................................................................................................3
7
Disposition of Plans, Estimates and Other Documents...........................................3
8
Hold Harmless.........................................................................................................3
9
Professional Liability Insurance ............ :............................................................ ....
4.
10
Certificate of Insurance............................................................................................5
11
Independent Contractor............................................................................................6
12
Termination of Agreement.......................................................................................6
13
Assignment and Delegation......................................................................................6
14
Copyrights/Patents...................................................................................................7
15
City Employees and Officials..................................................................................7
16
Notices.........................................................................................7
17
Consent....................................................................................................................8
18
Modification.............................................................................................................8
19
Section Headings.....................................................................................................8
20
Interpretation of this Agreement..............................................................................8
21
Duplicate Original....................................................................................................9
22
Immigration...............................................................................................................9
23
Legal Services Subcontracting Prohibited................................................................9
24
Attorney's Fees..........................................................................................................10
25
Survival.....................................................................................................................10
26
Governing Law.........................................................................................................10
27
Entirety.......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Kc.►mex, Nz.Q ScAeioce „ Ine .
FOR
b ron-t P-r t)cS�l 24-EPa=ra--hVa
THIS AGREEMENT ("Agreement") is made and entered into this '�`� day of
�_rx_ , 2002, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
K �x , �-{ 2 0 Qc k" e7 1 In C-. , a C& n ►f o -an
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.63, 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 Wade Ma (I yr who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profsery 10/15/01 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on 1 1 1 I 0 3 unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than `+ I O 1 UPR, , from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The.time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT. ,
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," a fee, including all costs and expenses, not to exceed
�v►e �ha U.Sc+..rnj , E ic�ht 1-E-i,�v�red
For4 y—ei!�h t cAo lla y-� hd E .,(e.jx Dollars ($ ; 8 4 . W ).
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/profserv10/15/01 2
0
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," which
is attached hereto and incorporated by reference into this Agreement.
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. CITY
agree/forms/profsery 10/15/01 3
shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY
in enforcing this obligation. 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 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
agree/forms/profsery 10/15/01 4
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 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.
agree/forms/profserv10/15/01 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 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.
agree/forms/profsery 10/15/01 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. 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: _j)ay i'A WZh�)
2000 Main Street
Huntington Beach, CA 92648
agree/forms/profsery 10/15/01 7
TO CONSULTANT:
1 iay-A mdl or
ow►e x, I-F t3 S-i wce- , ( nL.
5� � 'ia,��vg� ny� @�l,ld.
20 FI oo1r
W St M-1 iaifin 92Z I
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 fitles, 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.
agree/forms/profserv10/15/01 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.
agree/forms/profservl0/15/01 . 9
24. ATTORNEY' S FEES
Except as expressly set forth in Section 8 of this Agreement, in the event
suit is brought by either party to construe, interpret and/or enforce the terms and/or
provisions of this Agreement or to secure the performance hereof, each party shall bear its
own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to. executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not •expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
agree/forms/profservl0/15/01 10
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 offices the day, month and year first above
written.
CONSULTANT,
_Koyrte-y actenref Irt
0, Cal;
By:
print name
ITS: (circle one) Chairma resid ice President
MME
By
S, L< d-l2GZ
print name
ITS: (circle one) Secretary Chief Financial Officer/ sst.
Secretary — Treasurer
agree/forms/profserv10/15101 11
CITY OF HUNTINGTON BEACH,
a mun' ' corporation of the State of California
Director of u [c Goo
(Pursuant To HBMC §3.03.100)
APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED:
1ty.Administrator
(only for contracts over S50,000.00)
•
•
May 10, 2002
Proposal P1158
City of Huntington Beach
Public.Works Department
2000 Main Street
Huntington Beach, California
92648
Attn: Ms. Geraldine Lucas, P.E. — Environmental Engineer
KOMEX • H2O SCIENCE • INC
5455 GARDEN GROVE BOULEVARD, 2N: FLOOR
WESTMINSTER, CALIFORNIA 92683-8201
TEL. (714) 379-1157
FAX. (714) 379-1160
web site: www.komex.com
email: info@losangeles.komex.com
ENVIRONMENT AND WATER RESOURCES
Re: Proposal to Prepare Proposition 13 Funding Application for a Constructed
Wetland on Behalf of the City of Huntington Beach .
Dear Ms. Lucas:
We would like to thank you and your colleague, Mr. David Webb, for meeting Dr. Tony
Jones and myself last week. -We are pleased to submit this proposal for the above noted
project. Please note that we have presented the description of the proposed scope of work
and the estimated costs in brief due to time constraints regarding the submission of this
proposal as well as those that apply to the Proposition 13 Funding Application. This
proposal has been structured as follows:
• Introduction;
• Task List;
• Estimated Budget;
Schedule; and
e Closure
1.1 INTRODUCTION
The City of Huntington .Beach (City) had submitted concept proposal No. 88,, Natural
Treatment System - East Garden Grove Wintersburg Channel Constructed Urban Runoff Natural
Treatment System to the Regional Water Quality Control Board (RWQCB) as part of the
Request for. Grant Concept Proposal from the State Water Resources Control Board. The
P1158 Proposal.doc 1 KOMEX
USA, CANADA, UK AND WORLDWIDE
0 . 0
RWQCB determined that the concept proposal met the eligibility requirements and invited
the City to submit a full proposal as part of the Coastal Nonpoint Source Program grant
selection process. This full proposal is due on Friday, June 7, 2002. The basic concept as
described in the City's initial submission was to divert up to six million gallons per day of
urban runoff from the East Garden Grove Wintersburg Channel to the Huntington Beach
Central Park area where a constructed wetland would serve to naturally treat the runoff
and reduce concentrations of particular contaminants found in the urban runoff.
1.2 TASK LIST
The Proposition 13 Application Form consists of the following eight sections:
• Part A - Cover Page;
• Part B - Proposed Scope Of Work;
• Part C - Budget Summary Sheets;
• Part D - Questionnaire;
• Part E - Map;
• Part F Environmental Information Form;
• Part G - Land Use Questionnaire; and
• Part H - Supporting Relevant Documents.
On the basis of the application form structure and other additional information the City has
provided, we have developed our proposal based upon the following 14 tasks:
• Task 1, Project Team Brainstorming Meeting. This meeting will bring together the
senior members of the project team to discuss options for the constructed wetland
project so that all necessary components of the Proposition 13 application have been
clearly detailed and understood;
• Task 2, Internal Progress Meetings. This task will consist of two, 30-minute progress
meetings as part of the application preparation process;
• Task 3 Through Task 10, Application Form PART A Through PART H Preparation.
These tasks will consist of undertaking all necessary background research and
information compilation so that the application form can be completed;
• Task 11, Meet With City, Revise And Submit To RWQCB As Draft. This task will
encompass a meeting with the City, to discuss any changes to the draft prior to a revised
draft being issued to the RWQCB for their review. This will occur before the June 7,
2002 submission deadline so that feedback from the RWQCB can be incorporated into
the final submission to ensure a higher probability of success with funding;
P1158 Proposal.doc 2 KOMEX
USA, CANADA, U.K AND WORLDWIDE
• Task 12, Meet With RWQCB To Discuss Draft. A pre -submission meeting will be held
with the RWQCB to discuss any changes to the draft application that could increase the
probability of funding success;
• Task 13, Prepare Final And Submit To RWQCB. This task will include revisions as per
discussions with the RWQCB and submitting the final application for funding. on
Friday, June 7, 2002;
1.3 ESTIMATED BUDGET
An estimated budget for preparing the Proposition 13 Funding Application has been
included with this letter as Table 1 and includes details of personnel and the level of effort
expected for each of the tasks described above. The total budget for this project is $9,850
and involves 95 person -hours of labor to prepare the application.
1.4 SCHEDULE
The schedule for the completion of this project and the submission of the final Proposition
13 Application to the RWQCB is as follows:
• Friday, May 10, 2002
• Monday, May 13, 2002
• Monday, May 27, 2002
• Wednesday, May 29, 2002
• Friday, May 31, 2002
• Tuesday, June 4, 2002
• Friday, June 7, 2002
1.5 CLOSURE
Proposal submitted to the City for approval;
City approves proposal and budget;
Submit draft application to City for review;
Meet with City to discuss revisions;
Submit revised draft to RWQCB for review;
Meet with RWQCB to discuss revised draft; and
Submit finalized application to RWQCB.
We hope that this proposal meets with your satisfaction and look forward to working with
the City on this interesting and challenging project. I will be out of the office from Monday,
May 13 through Wednesday, May 15, 2002, so please feel free to contact Dr. Tony Jones of
this office at (714) 379-1157 Extension 107 to discuss the content of this proposal.
Sincerely,
KOMEX
6"�ryyl'op , . .
Wade Major
Environmental Engineer
Pl 158 Proposal.doc 3 KOMEX
USA, CANADA, UK AND WORLDWIDE
• •
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall.be based upon the following hourly rate and
cost schedule:
B. Travel
1. Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. 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.
3, 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.
C. Billing
1. 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.
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
agree/forms/exB-hourly fee/5/17/02 EXHIBIT B 1
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
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
agree/forms/exB-hourly fee/5/17/02 EXHIBIT B 2
Hourly Payment
•
EXHIBIT "B"
•
Payment Schedule (Hourly Payment)
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.
agree/forms/exB-hourly fee/5/17/02 EXHIBIT B 3
Hourly Payment
TABLE 1
Constructed Wetiand - Estimated Budget For Preparation Of Proposition 13 Funding Applic
City Of Huntington Beac
Lucy �?►+--- 5
P1158
10 May 02
Task
Description
Quantity
Unit
Unit Cost
Mark-up
Line Item
Task Total
Total
1
Project Team Brainstorming Meeting
Labor
Project Manager
1
hour
$11000
004
$11440
Project Microbiologist
1
hour
$10000
004
$104.00
Project Engineer
1
hour
$10000
004
$10400
Senior Staff Scientist
1
hour
$90 00
004
$93 60
41600
2
Internal Progress Meetings
Labor
Project Manager
1
hour
$11000
004
$11440
Project Microbiologist
1
hour
$10000
004
$10400
Project Engineer
1
hour
$10000
004
$10400
Senior Staff Scientist
I
hour
$90 00
004
$93 60
...,..�.,.w
3
Application Form PART A COVER PAGE Preparation
Labor
Project Microbiologist
I
hour
$10000
004
$10400
.._.u„
_.......a.
.,.,� .
....� _.
._..�.3.�10400
4
Application Form PART B PROPOSED SCOPE OF WORK Preparation
Labor
Project Manager
I
hour
$11000
004
$11440
Project Microbiologist
6
hour
$10000
004
$624 00
Project Engineer
6
hour
$10000
004
$624 00
_ ... ... ._ .._ y_..._.__.,,. _e_...,.. . ,_..
..h ...._
�....,W
_.,�..,..
.......
sue....
_, J 136240
5
Application Form PART C BUDGET SUMMARY SHEETS Preparation
Labor
Project Manager
1
hour
$11000
004
$11440
Project Microbiologist
8
hour
$10000
004
$832 00
Project Engineer
8
hour
$10000
004
$832 00
6
Application Form PART D QUESTIONNAIRE Preparation
Labor
Project Manager
1
hour
$11000
004
$11440
Project Microbiologist
8
hour
$10000
004
$83200
Project Engineer
8
hour
$10000
004
$83200
$1,778.40
7
Application Form PART E MAP Preparation
Labor
Project Manager
1
hour
$11000
004
$11440
Senior Staff Scientist
8
hour
$90 00
004
$748 80
Task Sutrtotaj .�,�
` ,
. ,,
-. ' 863 20
8
Application Form PART F ENVIRONMENTAL INFORMATION FORM Preparation
Labor
Senior Staff Scientist
4
hour
$90 00
004
$374 40
,;
fS74.40
TABLE 3 P1158
Constructed Wetland - Estimated Budget For Preparation Of Proposition 13 Funding Applic 10 May 02
City Of Huntington Beac
Task
Description
Quantity
Unit
Unit Cost
Mark-up
Line Item
Task Total
Total
9
Application Form PART G LAND USE QUESTIONNAIRE Preparation
Labor
Senior Staff Scientist
4
hour
$9000
004
$37440
10
Application Form PART H SUPPORTING RELEVANT DOCUMENTS Preparation
Labor
Project Microbiologist
4
hour
$100 00
004
$416 00
416.00
11
Most With City, Revise And Submit To RWQCB As Draft
Labor
Project Manager
2
hour
$110 00
004
$228 80
Project Microbiologist
4
hour
$100 00
004
$416 00
Project Engineer
4
hour
$100 00
004
$416 00
Task Subtotd,e1,�.
$1080.80
12
Meet With RWQCB To Discuss Draft
Labor
Project Manager
1
hour
$11000
004
$11440
Project Microbiologist
15
hour
$10000
004
$15600
Project Engineer
1
hour
$100 00
004
$104 00
13
Prepare Final And Submit To RWQCB
Labor
Project Manager
1
hour
$110 00
004
$114 40
Project Microbiologist
2
hour
$100 00
004
$208 00
Project Engineer
2
hour
$100 00
004
$208 00
Ttitak Suht•tai .. '.
-..
---
a�o:40
Project Tota
$9,8".8G
•XCkLAjja.v(T-83I P.002/002 F-185
May-31-2002 08:42am From- ♦ 1'Ir 1�►K1 F ��'�AiV4��"' , cwIIr0.NICHUM p6H
T ., ... �.. • ; ;� LOS-00 8247A•00
PRODUCER
MARSH RISK & INSURANCE SERVICES
ATTN: LAC)NDA S PYLE
777 S FIGUEROA STREET
THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEFEIN.
23RD FLOOR
LOS ANGELES. CA 90017
COMPANIES AFFORDING COVERAGE
213-346.5319
COMPANY
00000-a11•all-2001
A Commerce & Industry Insurance of Canada
INSURED �-
COMPANY
KOMEX H2O SCIENCE, INC.
5455 GARDEN GROVE BOULEVARD
2N0 FLOOR
WESTMINSTER, CA 22683
S XL Specialty Insurance Company
COMPANY
C Commerce & Industry Insurance Company
COMPANY
0
COVERAGES
.77.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED MERSIN HAVE REEl1 ISSUGO TO T'H6 INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWRHSTANDING ANY FtMUREMEW, TERM OR CONDITION OF ANY CONTRACT OR OTHER oocumEN r IMTN 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. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MrriOD/rr) DATE (MNIODW)
A
GENERALLIABILITY
CGL1959485
04/10102
04/10/03
GENERALAGORECATE
S 1,000,000
COMMERCIAL GENERAL LIABILITY
PRODUCTS - COMPIOP AGG
a 1.000,000
CLAMS MAOD OCCUR
OWNERS&CONTRACTOWSPROT
PERSONAL & AOV INJURY
E 1,000,000
HACHOCCURRENCE
$ 1,000.00D
FIRE DAMAGE IAmr wM In)
$ 260,000
MEO EXP JAny OM P&SM)$
. 10,000
C
AUTOMOBILE
LIABILITY
CA5054379
04/10/01
04110/03
COMBINED SINGLE LIMIT
S 1,000,000
X
ANY ALTO
BODILY INJURY
(P&' perEDrl
s
ALL OWNED AUTOS
SCHEDULED AUl'06
X
BODILY INJURY
(P&OCdoenq
NO= AUTOS
NON-OWNEDAUTOS
' +,. a. +
r+ T' 'P ,,i C-it
Dines
X
PROPERTY DAMAGE.
GARAGE LIABILITY
ANY AUTO
B-y %. D A Ill t 3 .0 j- t'•T Att o
n e '
AUTO ONLY - EA ACCIDENT
$
OTHCR THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
S
EXCESS
LIABILITY : r:•
= ;.. -"_ -
@ACH DtxugRENCI
AGGREGATE
UMBRELLA FORM
JI
OTHER THAN UMBRELLA FORMVA
B '
EYPLovERs uA811iTY °
WEC0009905
09/01/01
09/Otro2
X T ruMrcs
EL EACH ACCIDENT
3 1.000,000
EL DISEASE -POLICY LIMIT
$ 1,000,000
THE PROPRIETOR/ INCL
PARTNERS IEXECUTIV6
OFFICERS ARE; RFXCL
EL OISBASE-6ACH EMPLOYEE
$ 1.000,000
OTHER
Contractors Operationb
COP9526809
04/10/02
04/10/03
PER CLAIM 10,000,000
and Professlonal Services
AGGREGATE 10,000,000
)ESCRIPTION OF PERATIOWMCATioNSNENICLE9+SrECrALITEk6ILWTS MAY BE SUR6JlCT
TO DEDUCTIBLES OR RETENTIONS)
AIHERE REQUIRED BY WRITTEN CONTRACT, THE CITY OF HUNTINGTON BEACH ITS AGENTS. OFFICERS AND EMPLOYEES ARE INCLUDED AS
1DDITIONAL INSUREDS (EXCEPT FOR WORK COMP) AS RESEPCTS THE OPEiWIONS OF THE NAMED INSURED. A WAIVER OF SUBROGATION
S AWARDED IN FAVOR OF THE CERTIFICATE HOLDER.
)ERTJF,ICA¢f:HQIDEQ, ..';�'
CANCELLATION. A.. iPP:. t:T
EAOYLD ANY 00 THE POLIGCS OESCRIEEO wERBIN BE CANCE4,ED BEFORA TdE MWiRATION DATE TrIEREM.
•
THE IISIIRER AFFORDNG COW&RAGE WILL EkWMVAm• MAL �$Q DAYS WRITTEN NOTICE TO THE
CITY OF HUNTINGTON BEACH
ATTN: RISK MANAGEMENT
CERTIFICATE wOLDER NAMED HEREIN.
2000 MAIN STREET
HUNTINGTON BEACH. CA 92648
AXXXXXlKKKXY = xxx
M�ARSHUsAt C.
�L.� / ,
BY: John F Wesley
' ` ;�. �.'"
MM1(9/99j • I. „1.1 I I 'Y'I1W0",AS:OF: csl3irD;:; �, ��i".
Uay-18-1002 01:320m From-
0
• T-543 . P.003/003 F-071
POLICY NUMBER: CGL 1959465
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1. Name of Person or Organization:
The City of Huntington Beach
Its agents, officers and employees
Attn: Kristie Mendoza
2000 Main Street
Huntington Beach, CA 92648
(If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" fcor that insured by or for you.
.FFQVLD LS TO OrtaLttornesr
L'UTTO-5, OitY
GgIL
B DePutY
a.
CG 20101185 Copyright, Insurance Services Office, inc.,1984
May-31.2002 08:42am From- •
racsimile
Transmittal
Sheet
Marsh Risk and Insurant:c Services •
777 S Figueroa Street
23td Floor
Los Angeles, CA 90017.5822
Phone: 213 346 5319 Fax: 213 346 $935
California License No. 0437153
Date: May 28, 2002 Pages, with cover: 3
To:
Company:
From:
Subject:
P"an�d
Kristie Mendoza
The City of Huntington Beach
Lacinda S. Pyle
Certificate of Insurance
Kristie,
Fax: 714-374-1597
T-631 P.001/002 F-165
MARSH
An MMc Company
The following is the Certificate ol'Insurance along with the endorsement for additional Insured status. I
am hoping that this should clear up all the requirements. Let me know if you need additional information.
Thank you,
Lacinda S Pyle
Client Representative
Risk Management
cc: Margin Travis,
Komex H2O Science, Inc.
114- 3%1 11( 0
The information contained in this facsimUo message is confidential, ntay be privileged, and is intended for the use oJ'the
individual or entity named above, #f Wx the reader ofthis message, are not the intended recipieni, the agenr, or employee
mponsible for delivering this Iransmisslon to the intended recipient, you are expressly prohibited from copying
disseminating, distributing, or in any otAer way using anv of the information contained in this faesLnile message.
May-28-2002 01:32pm From- T-5d3 P.001/003 F-OTt
•
Facsimile Marsh Risk and Insurance Services .
777 S Figueroa Street
Transmittal 23rd Floor
Loa Angeles, CA 90017-5822
Sheet Phone: 213 346 S319 Fax: 213 346 5935
California License No. 0437153
MARSH
An MWKCompany
Date: May 28, 2002 Pages, with cover: 3
To: Kristie Mendoza Fax: 714-374-1597
Company: The City of Huntington Beach
From: Lacinda S. Pyle
Subject: Certificate of Insurance
Kristie,
The following is the Certificate of Insurance along with the Indorsement for additional Insured status. I
am hoping that this should clear up all the requirements. Let me know if you need additional information.
Thank you,
Lacinda S Pyle
Client Representative
Risk Management
cc: Matcine Travis,
IColnex H2O Science, Inc.
7t*1r `3+- i I `o
77te information contained in this facsimile message is eotfideatial, may be privileged, and it intended for the use of the
Individual or enilty named above, lj you, the reader ofrhis mes.iage, are not the intended raiciplear, the agent, or employee
responsible Jor delivering this transmission to the intended reclpient, yaw are expressly prohibited from copying,
disseminating, distributing. or in any other way using any of ilie information contained In this facsimile ►nessago.
WCYOttm!
SuxlitHy PROFESSIONAL SERVICE CONTRACTS
„u�fi i ,�nchv PURCHASING CERTIFICATION
1. Requested by: )-. Pev l.,Q.lj vla-
2. Date: `j 1 -7• 2 00 Z
3. Name of consultant:
4. Description of work to be performed:�j
5. Amount of the contract: r
6. Are sufficient funds available to fund this contract?Yes, ❑ No
7. Company number and object code where funds are budgeted:
10O1315 20 I - 69 3� S
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? Kyes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
kthe ist of professional service. contracts approved by the City Council?'
Yes, ❑ No
10. Wgre (at least) informal written proposals requested of three consultants?
Yes, ❑ No
11. Attach list of consultants from whom pr posals were requested (including a
contact telephone number). L; Gt
12. Attach proposed scope of work. — !j e.2
13. Attach proposed payment schedule.
o�MCF ARD AMADRIL, Manager
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require "approval from the City Council.
Document] 5/17/2002 10:54 AM
R55BUDGET. 5/17/02 11:14:25
City of Huntington Beach
Available Budget Page - 1
As of May 31, 2002
Description
Funds
BA-YTD
AA-YTD
PA-YTD
Available
10085201 Engineering Design/Construct
00100 General Fund
69365Other Professional Services
55,000.00
6,610.75
34,169.25
14,220.00
00100 General Fund
55,000.00
6,610.75
34,169.25
14,220.00
10085201 Engineering Design/Construct
55,000.00
6,610.75
34,169.25
14,220.00
k
Citywide WQMP Consultant Proposals Received
1. Komex - Wade Major - 5455 Garden Grove Blvd., Westminster,
CA, (714) 379-1157
2. CDM — Don Schroeder — 2920 Inland Empire Blvd., Ontario, CA
— (909) 945-3000
3. Tettemer & Associates — John Wolter - 2955 Redhill Ave., Costa
Mesa, CA — (714) 668-7181