HomeMy WebLinkAboutLEVINE-FRICKE-RECON, INC. - 1998-12-03•
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LEVINE-FRICKE-RECON, INC. TO PROVIDE CONSULTANT
SERVICES FOR REMOVAL OF UNDERGROUND STORAGE
TANK FACILITIES
THIS AGREEMENT, made and entered into this r� day of
De Cc M b -R- r?-- - , 1998, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY", and LEVINE-FRICKE-
RECON, INC., a California corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide consultant
services for removal of underground storage tank facilities in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC
Chapter 3.03 relating to procurement of professional service contracts has been complied with;
and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal, and CONSULTANT's proposal dated July 8, 1998 (hereinafter referred to as Exhibit
"A"), which is attached hereto and incorporated into this Agreement by this reference. Said
services shall sometimes hereinafter be referred to as "PROJECT."
CONSULTANT hereby designates Steve Winners 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.
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3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONSULTANT
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed no later than six months from the date of this
Agreement. These times may be extended with the written permission of the CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of
Services on the Work Program/Project Schedule. This schedule may be amended to benefit
the PROJECT if mutually agreed by the CITY and CONSULTANT.
CITY or CONSULTANT shalt be excused for any delays in the performance of
this Agreement unavoidably caused by the act of the other, the act of any agent of the other,
the acts of any governmental authority, public enemy, God, the elements, strikes or walkouts,
or any other causes reasonably beyond that party's control. Each party shall use reasonable
diligence to avoid any such delay and shall resume performance under this Agreement as
promptly as possible.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT a fee not to exceed Nineteen Thousand, Four Hundred Twenty
Nine Dollars ($19,429).
5. PRIORITIES
In the event there are any conflicts or inconsistency 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.
6. 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
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work 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.
The CITY agrees to negotiate an equitable cost adjustment with the CONSULTANT for such
additional services for such additional services.
7 METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A".
B. Delivery of work product: A copy of every technical memo and report
prepared by CONSULTANT shall be submitted to the 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. Any such product which has not
been formally accepted or rejected by CITY shall be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONSULTANT's firm that the work has been performed in accordance with the
provisions of this Agreement; and
completed.
5) For all payments include an estimate of the percentage of work
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 promptly approve the invoice, in which event payment shall be
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made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONSULTANT is in, or has been
brought'into compliance, or until this Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY shall
be invoiced separately to the 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.
8. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps and other
documents, shall be turned over to CITY upon termination of this Agreement or upon
PROJECT completion, whichever shall occur first. In the event this Agreement is terminated,
said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit.
Title to said materials shall pass to the CITY upon payment of fees determined to be earned by
CONSULTANT to the point of termination or completion of the PROJECT, whichever is
applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder.
Reuse of reports, or other materials produced pursuant to this Agreement, by
CITY or others without written adaptation by -CONSULTANT for the specific purpose intended
shall be at the user's sole risk, without liability on CONSULTANT's part.
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9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature) arising
out of or in connection with CONSULTANT's performance of its services under 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 the CITY.
10, WORKERS COMPENSATION INSURANCE
Pursuant to Califomia Labor Code section 1861, CONSULTANT acknowledges
awareness of section 3700 of seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
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within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. if coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's
insurance shall be primary.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering the
work performed by it hereunder. Said policy shall provide coverage for CONSULTANT'S
professional liability in an amount not less than $1,000,000 per occurrence and in the
aggregate. A claims made policy shall be acceptable if the policy further provides that:
The policy retroactive date coincides with or precedes the professional services
contractor's start of work (including subsequent policies purchased as renewals
or replacements).
2. CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following project completion, including the
requirement of adding all additional insureds.
3. If insurance is terminated for any reason, CONSULTANT agrees to purchase an
extended reporting provision of at least two (2) years to report claims arising
from work performed in connection with this Agreement.
4. The reporting of circumstances or incidents that might give rise to future claims.
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13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates 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 policies shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except after thirty days
prior written notice; however, ten days prior written notice in the event of
cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages 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 all said policies of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on ail insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its 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
services to be performed hereunder.
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15. 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 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.
Upon receipt of such notice from CITY, CONSULTANT shall discontinue
services on the date and to the extent specified in the notice. CONSULTANT shall be paid the
amount earned prior to the date of the notice plus reasonable costs incurred by CONSULTANT
in connection with discontinuing the work.
16. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
17. 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.
18. 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
Govemment Code.
19. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or
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by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed as follows:
TO CITY:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
20. IMMIGRATION
TO CONSULTANT:
Steve Winners, Senior Staff Engineer
Levi ne-Fricke-Recon, Inc.
1920 Main Street, Suite 750
Irvine, CA 92614-7211
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.
21. 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.
22. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE NOT USED
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23. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
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.
LEVINE-FRICKE-RECON, INC., a California CITY OF HUNTINGTON BEACH, A
corporation municipal corporation of the State of
California
By: L
Eileen T. Wintemu e, Vice President
AND
ATTEST:
By:
ShU��n k1a.11 City Clerk
print name
ITS: fclyd pne retary/Chief Financial APPROVED AS TO FORM:
Officer) st�ef - reasurer
J— 1-/' arO(L 6A/4. �M rra
REVIEWED AND APPROVED: = -vs-:City At orney J j p�
INIT APPRO !
Cit dministrator
Director of Public Works
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'J . B
OCITY OF HUNTINGTON BEACH
PUBLIC WORKS ENGINEERING DIVISION
REQUEST FOR PROPOSALS
for
Professional Consulting Services
for Removal of Underground Storage Tank Facilities
Cash Contract 1058
June 17,1998
PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be
submitted to:
Doug Kato
Engineering Division
Department of Public Works
City of Huntington Beach
City Hall
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. M. on July 8, 1998. Questions regarding this request may be
addressed to Doug Kato at 714.536.5214.
INDEX
SECTION PAGE
I. Introduction............................................................................................................. 2
11. Schedule of Events....................-............................................................................. 2
Ill. Project Background............................................................................................... 2
IV. Scope of Work......................................................................................................... 2
V. Fee Proposal Requirements.................................................................................... 2
V1. Proposal Requirements...............................................................................:........... 3
VII. General Requirements.......................................................................................1.... "53
CITY OF HUNTINGTON BEACH
Removaf of Underground Storage Tank Facilities RFP
June1998
Page 2
1. INTRODUCTION
The City of Huntington Beach, Department of Public Works, Engineering Division, is
requesting a proposal to initiate corrective action at the -City of Huntington Beach Water
Operations Yard.
II. SCHEDULE OF EVENTS
June 17, 1998 Issuance of Request for Proposal
July 8, 1998 Proposals due at City Half by 4:00 P.M.
August 12, 1998 Issuance of notice -to -proceed {estimated date}
III. PROJECT BACKGROUND
A Corrective Action Plan was developed in response to failed integrity testing of a
gasoline product line. The proposed scope of environmental services to initiate corrective
action are as follows.
IV. SCOPE OF WORK
A. Meet with Orange County Health Care Agency.
B. Prepare and implement a Health and Safety Plan.
C. Provide groundwater sampling and reporting.
D. Abandon wells within the area of proposed excavation.
E. Provide environmental oversight.
F. Analyze soils.
G. Provide Geotechnical Oversight.
H. Provide soil compaction report.
1. Provide agency Closure report.
V. FEE PROPOSAL REQUIREMENTS
In preparing the fee proposal for this project the consultant shall take into
consideration the following:
1. Compensation for services.
2. Compensation for attending meetings with City Staff.
3. The consultant's standard billing rates for all classifications of staff likely to be
involved in the project shall be included with the fee proposal along with the mark-up rate
for any non -labor expenses and subconsultants.
4. The consultant shall prepare progress billings reflective of the project schedule,
and in the City's format The City will provide a diskette of the files in Microsoft Excel,
version 5.0.
W
CITY OF IUNTtNGTON BEACH
Removal of Underground Storage Tank Facilities RFP
June1998
Page 3
VI. PROPOSAL REQUIREMENTS
Although no specific format is required by the City, this section is intended to provide
guidelines to the consultant regarding features which the City will look for and expect to
be included in the proposal.
1. Content and Format
The City requests that proposals submitted be organized and presented in a neat and
logical format and be relevant to these services. Consultant's proposals shall be clear,
accurate, and comprehensive. Excessive or irrelevant material will not be favorably
received.
Proposals shall contain no more than 20 typed pages using a 10 point minimum font size.
The purpose of these restrictions is to minimize the costs of proposal preparation and to
ensure that the response to the RFP is fully relevant to the project.
The proposal should include the following:
• Transmittal/offer letter.
• Page numbering.
• Approach to the Project.
2. Scope of Services
A description of the work program that will be undertaken shall be included in this
section. It should explain the technical approach, methodology, and specific tasks
and activities that will be performed to address the specific issues and work items
identified in the RFP. It should also include a discussion of constraints, problems, and
issues that should be anticipated during the contract, and suggestions for approaches
to resolving them.
I Statement of Qualifications
The information requested in this section should describe the qualifications of the firm
and key staff in performing projects that are similar in scope and size to demonstrate
competence to perform these services.
VII. GENERAL REQUIREMENTS
1. Insurance Requirements
The consultant shall furnish with the proposal proof of the following minimum
insurance coverage. These levels of coverage are required to be maintained for the
duration of the project:
CITY OF HUNTINGTON BEACH
Removal of Underground Storage Tank Facilities RFP
JuneI998
Page 4
A. General Liability Coverage - 51,000,000 CSL (Combined Single Limits)
per occurrence (note: If provided coverage is under a form which includes
designated general aggregate limit, the aggregate limit must be no less
then $1,000,000).
B. Professional Liability Coveracl - $500,000 per occurrence (note: A
"claims made" policy is acceptable).
C. Worker's Compensation Coverage- $100,000 bodily injury by accident,
each accident; $100,000 bodily injury by disease, each employee;
$250,000 bodily injury by disease, policy limit.
The above detailed coverage shall not be subject to any deductible or
self -insured retention, or any other form of similar type limitation. In
additon, the insurance certificates must conform to the required wording of the
City's Risk Manager. A sample certificate is included as Attachment E. The
consultant is encouraged to contact its insurance carriers during the proposal
stage to ensure that the insurance requirements can be met if selected for the
negotiation of a contract agreement.
2. Standard Form of Agreement
The consultant will enter into an agreement with the City based upon the contents of
the RFP and the consultant's proposal.
3. Disclaimer
This RFP does not commit the City to award a contract, or to pay any costs incurred
in the preparation of the proposal. The City reserves the right to extend the due date
for the proposal, to accept or reject any or all proposals received as a result of this
request, to negotiate with any qualified consultant, or to cancel this RFP in part or in
its entirety. The City may require the selected consultant to participate in negotiations
and to summit such technical, fee, or other revisions of their proposals as may result
from negotiations.
4. Assigned Representatives
The City will assign a responsible representative to administer the contract, and to
assist the consultant in obtaining information. The consultant's representative will
remain in responsible charge of the consultant's duties from the notice -to -proceed
through project completion. The City reserves the right to review and
approve/disapprove all key staff and subconsultant substitution or removal, and may
consider such changes not approved to be a breach of contract.
Levine. Fricke •Recon
ENG NEEt?5. NYDAOGEOLOOSTS d APPLIED SCrENrPs7S
July 8, 1998 P0695-98J
Mr. Doug Kato
Principal Engineer
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Proposal to Initiate Corrective Action at the City of Huntington Beach, Water
Operations Yard, 19001 Huntington Street, Huntington Beach, California
(OCHCA Case #95UT3)
Dear Doug:
Levine • Fricke • Recon (LFR) is pleased to provide this proposal to initiate corrective action at the
City of Huntington Beach ("the City"), Water Operations Yard ("the Site").
Briefly, in 1994 a gasoline product line at the Site failed annual integrity testing and a leak was
discovered. The City notified the Orange County Health Care Agency (OCHCA) and an
assessment of the leak was ordered. The City retained LFR to perform this assessment and develop
a Corrective Action Plan (CAP). Working with Mr. Peter Peuron of the OCHCA, LFR prepared
and submitted a CAP to perform a limited excavation of soils likely containing gasoline product.
This CAP was approved in a written transmittal by Mr. Peuron dated July 5, 1996. The following,
eight tasks summarize our proposed scope of environmental services to initiate corrective action:
Task 1: Meet with the OCHCA.
Task 2: Prepare and Implement a Health and Safety Plan
Task 3: Provide Groundwater Sampling and Reporting
Task 4: Abandon Wells within the Area of the Proposed Excavation
Task 5: Provide Environmental Oversiaht
Task 6: Analyze Soils
Task 7: Provide Geotechnical Oversizht
1920 slain Street, Suite 750, Irvine, California 92614-7211 • (714) 955-1390 • fax (714) 955-0683
Offices Vlcrldsvide
Levine•Fricke•Recon
ENGINEERS. HYDROGEOLOG:STS IS APPLIED SCGUMSTS
Task 8: Provide Soil Compaction Report
Task 9: Provide Agency Closure Report
LFR will coordinate our proposed scope of work with the City -selected design/build contractor
during the underground storage tank (UST) upgrade project at the Site to provide the most cost-
effective timeline for the conclusion of the project.
Corrective Action Scope of Work
Task 1: Meet with the OCHCA
LFR will meet with Mr. Peuron of the OCHCA to discuss the impending corrective action. Since
the CAP was approved in 1996, OCHCA has expressed some concern with the delay in
implementation. This meeting is to ensure OCHCA approval of the planned scope of work. LFR
will provide OCHCA at least 48 hours' notice prior to the date of excavation. LFR assumes only
verbal correspondence will be necessary and the meeting will be completed in one day.
Task 2: Prepare and Implement a Health and Safety Plan
LFR will prepare and implement a Health and Safety Plan (HSP), in accordance with Occupational
Safety and Health Administration regulations, as specified in Title 29, Federal Code of
Regulations, Section 1910.120, and LFR's corporate health and safety program. The HSP will
outline potential hazards associated with performing field work, as well as measures to be taken to
minimize risks associated with those hazards. The provisions of the HSP will be reviewed by LFR
project staff and subcontractors prior to beginning field activities.
All LFR project staff and subcontracted personnel within the immediate vicinity of the proposed
excavation will have records of 40-hour OSHA 1910.120 training with current 8-hour OSHA
1910.120 refreshers and level C personal protective equipment. LFR will conduct air monitoring
during excavation activities at intervals specified in the HSP. LFR will notify all personnel within
the vicinity of the excavation of a change in the level of personal protective equipment required by
its project staff and subcontractors. The City may use this recommendation for its own personnel
and subcontractors; however, LFR is not responsible for ensuring the health and safety of City
personnel and City subcontractors other than LFR.
Task 3: Provide Groundwater Sampling and Reporting
The OCHCA has requested quarterly groundwater monitoring as a condition for approval of the
CAP. The following tasks will be performed to satisfy this request for quarterly groundwater
monitoring:
P069S-99HHW0Y.exdisp2.doc: VSC
Levine -Fricke •Recon
EYGIN5FRS, HYJROGEOLOGISTS 3 APPLED SCrENTISTS
• Groundwater sample collection services, including groundwater depth measurements, well
water purging, sample collection, and sample delivery to a state -certified laboratory.
• Laboratory sample analysis for total petroleum hydrocarbons as gasoline (TPHg) by modified
EPA Method 8015 and the constituents of gasoline, benzene, etylberizene, and xyienes
(BTEX), and methyl tertiary butyl ether (MTBE) by EPA Method 8020. Sample analysis will
be performed by a laboratory certified by the State of California for the analyses performed.
• Preparation of a summary report presenting the results of the groundwater sampling and
laboratory analyses.
Teleconferences to provide an explanation of groundwater sampling results and regulatory
interface with Mr. Peuron of the OCHCA.
Task 4: Abandon Wells within the Area of the Proposed Etcavation
Wells currently located within the proposed area of excavation may be damaged during excavation
and may provide preferential pathways for the migration of gasoline to soil and/or groundwater.
These wells will therefore be abandoned prior to excavation to eliminate this situation.
A permit for well abandonment is not required. Permits for well abandonment are waived by the
County of Orange when a municipality is named as owner. Instead, an authorized City
representative must sign the permit for this procedure. LFR will make arrangements to have the
permit signed by an authorized City representative prior to well abandonment.
LFR will retain a drilling subcontractor to pressure grout vapor wells VE5 and VE6 and
groundwater monitoring well MWL Since the top 20 feet of the above three wells will likely be
damaged and removed during excavation, LFR has contacted Mr. Dan Matsui of the OCHCA to
verify that they will only require pressure grouting for the abandonment of these wells.
Vapor wells V1, V2, V3, and V4 are not anticipated to be within the limits of excavation. LFR
proposes that these wells be abandoned at a later date, after OCHCA has agreed to close the case
file pertaining to the site release.
Task S: Provide Environmental Oversight
LFR estimates the City -selected design/build contractor will excavate approximately 600 cubic
yards of soil at the former UST location to fulfill the remedial objectives of the CAP. The actual
volume of excavated soil will depend upon the stability of soils surrounding the intended area of
excavation, the amount of sloping that is required, the extent of gasoline -affected soil, and
OCHCA direction.
P069S-98 HBWOY.ecd'up2.doc:.NIC
Levine. Fricke •Recon
ENGINEERS, HYCROGEOLOGISTS 3 RPPLIE❑ SCIENT1sTs
Based on historical soil analytical results, it is reasonable to assume that a portion of the estimated
volume of excavated soil, including clean overburden, has not been affected by gasoline
constituents. LFR will therefore monitor excavated soils and attempt to segregate gasoline -affected
soils from clean soils, which may be used as backfill material. LFR recommends top -loading
suspected gasoline -affected soils directly into trucks to reduce' volatile emissions. Soils that are
presumed to be clean based on field evidence should be stockpiled adjacent to the excavation for
sampling and analysis by an on -site mobile laboratory.
Segregation of clean soils from gasoline -affected soils during excavation will be verified by
collecting and analyzing one soil sample for approximately every 100 cubic yards of clean
material. LFR's past experience with the Site indicates the presence of relatively high
concentrations of gasoline vapors within soils not affected by gasoline constituents. This situation
rendered the use of an organic vapor analyzer somewhat inaccurate as a tool for segregating soils.
Sample analytical results should provide the OCHCA an adequate representation of the quality of
clean, segregated soils prior to backfill.
Sampling of the excavation bottom and side walls will be directed by a representative of the
OCHCA. This direction is a condition for OCHCA's approval of the CAP. Sample analysis will
provide evidence to the OCHCA that site remedial objectives have been met.
Task 6: Analyze Soils
Soil samples will be analyzed for TPHg by modified EPA Method 8015 and for BTEX and MTBE
by EPA Method 8020. Sample analysis will be performed by a mobile laboratory certified by the
State of California for the analyses to be performed. The laboratory is capable of analyzing up to
20 samples for the above analyses in one I0-hour day. Each sample should take approximately 30
minutes to analyze, and only one sample can be analyzed at a given time. Excavation activities
should therefore be staged around the availability of sample analytical results.
Task T Provide Geotechnical Oversight
A qualified LFR engineering technician will monitor and test the placement and compaction of
backfill within the proposed and former on -site UST locations. The in -place density of compacted
materials will be tested using a nuclear density gauge. The test results will indicate whether the
relative compaction values specified in the site plans prepared by Cash & Associates have been
achieved. The field activities and test results will be documented in daily reports.
Prior to fill placement, laboratory tests will be performed to evaluate the maximum density and
optimum moisture content for materials to be compacted. LFR proposes to test a sample of
crushed aggregate base, to be provided by the design/build contractor, and two samples of on -site
materials to be utilized as backfill at the former UST location and as subgrade for pavement.
P0695 9&tMWOY.c%disp2.dce:.NlC 4
Levine-Fricke-Recon
ENGINEERS. MYDROGEOLOG.STS S APPLIED SCIENTISTS
Task 8: Provide Soil Compaction Report
LFR will prepare a letter report summarizing our observations and results of field and laboratory
testing of structural fills and compacted subgrade. The report will include a summary table of field
density test results. LFR will provide conclusions and recommendations associated with the work
we have observed. LFR will provide two original copies of the compaction report to the City and
one original copy to Cash & Associates.
Task 9: Provide Agency Closure Report
Closure of the regulatory agency file pertaining to the site release is at the discretion of the
OCHCA and the Santa Ana Regional Water Quality Control Board (RWQCB) and is assessed on a
case -by -case basis. After the completion of the above proposed corrective action and once a verbal
agreement is reached with the OCHCA regarding fulfillment of remedial objectives, a formal
written report will be submitted requesting agency closure of site case number 95UT3. LFR will
provide three original copies of the closure report to the City and one original copy to the
OCHCA.
Disposition of Gasoline -Affected Soils and Water
At the City's request, LFR will provide options for the cost-effective, off -site disposal. of waste
generated at the Site. However, the City will make the final determination for such disposal and
direct LFR to make such disposal accordingly. LFR is not and will not be interpreted to be an
arranger for disposal of hazardous waste or hazardous substances.
LFR has contacted a waste management subcontractor and obtained price estimates for the option
to transport and dispose of gasoline -affected soils at the following three facilities:
Option I: Thermal Desorption at ART, Lynwood, California S491ton
Option H: Thermal Desorption at TPS, Adelanto, California $52/ton
Option III: Feedstock for Asphalt Production at CDE, Devote, California $431ton
These facilities have accepted the profile of on -site waste based on analytical results provided in
historical assessment reports. The above quoted transportation and disposal costs represent
subcontractor cost per ton of soil transported and disposed of, plus a I5 percent LFR subcontractor
administration fee. The waste management subcontractor proposes that there be a 23-tan per load
minimum, that the waste management subcontractor provide 15-cubic-yard trucks in a timely
manner that will not impede excavation, and that truck loading time not exceed 30 minutes. The
waste management subcontractor further proposes that truck standby demurrage be invoiced at a
cost of $75 per hour.
P0695-98HB W OY.exdtsp2.doc: NtC
Levine. Fricke•Recon
ENGINEERS_ HYDROGEOLOGISTS a APPLIED SCIENTISTS
Approximately lb 55-gallon drums of monitoring well purge water, drilling rig decors water, and
drilling rig auger returns are stored on site from past assessment activities. The waste management
subcontractor proposes that auger returns be removed from their drums and loaded into trucks
during excavation. The waste management subcontractor proposes that decon water and purge
water be dispersed into gasoline -affected soil loaded into trucks. The waste management
subcontractor proposes empty drums be disposed of at an additional cost of $12 per drum plus a
$173 mobilization charge. When the City has selected a disposal option, LFR will provide an
estimate of waste disposal costs as an addendum to this proposal.
Cost Estimate
LFR proposes to perform the above scope of work on a time -and -materials basis, in accordance
with our Southwest Region Schedule of Fees (attached). Estimated costs are provided in Table 1
(attached). The final cost may vary somewhat from the costs outlined in Table 1 due to the
conditions of soils in the area of excavation and OCHCA direction. However, LFR will make
every attempt to control project costs and notify the City of changing project conditions that may
affect the final cost.
Schedule
LFR will coordinate our proposed scope of work with the City -selected design/build contractor
during the UST upgrade project at the Site to provide the most cost-effective timeline for the
conclusion of the project.
Qualifications
LFR's project team will consist of Steve Winners, Mark Feldman, John White, and Chris Nardi.
Mr. Winners is a Senior Staff Engineer with extensive experience directing excavations in the
immediate vicinity of the Site. He has managed the Water Operations Yard project since initial
discovery of the gasoline product line leak in 1994 and worked with Mr. Peuron of the OCHCA to
develop this CAP. Mr. Feldman is a Senior Geochemist with extensive experience managing
excavation projects in Huntington Beach and negotiating with a wide range of regulatory agencies,
including the OCHCA and the RWQCB. Mr. John White is a Senior Engineering Technician with
extensive experience providing oversight on large construction projects. Mr. Chris Nardi, G.E., is
a Senior Associate Geotechnical Engineer with extensive experience directing construction and
grading projects in the Los Angeles basin.
If this proposal is satisfactory as presented, you may authorize us to proceed by signing both
copies of the attached Master Services Consulting Agreement and Approval and Acceptance page
and returning one complete, original work order to us. We appreciate this opportunity to provide
F0695-98HB«OY.exd'up2.doc::41C
•
Levine. Fricke •Recon
ENG :PEERS, HYOROGEOLOGISTS 3 APPUEO SC£YTISTS
the environmental services you require. If you have any additional questions, please contact either
of the undersigned at (949) 955-1390.
Sincerely,
Steve Winners
Senior Staff Engineer
Attachments: Table 1
Southwest Region Schedule of Fees
Master Services Consulting Agreement
Approval and Acceptance
Mark Feldman
Senior Geochemist
P059S-99HB WOY.exdisp2. doc..KC
Levine. Fricke -Recon
ENG :NEERS, HYDROGEOLOGGTS & APPUED SC IMSTS
APPROVAL AND ACCEPTANCE
July 8, 1998
P0695-98J
Approval and acceptance of this Work Order to initiate corrective action at the Huntington Beach
Water Operations Yard, 19001 Huntington street, Huntington Beach, California, are acknowledged
by the signatures of duly authorized representatives of the City of Huntington Beach ("the Client")
and Levine - Fricke - Recon Inc. (LFR).
At the Client's request, LFR shall provide options for the cost-effective, off -site disposal of waste
generated at the site. However, the Client shall make the final determination for such disposal and
shall direct LFR to make such disposal accordingly. LFR is not and will not be interpreted to be an
arranger for disposal of hazardous waste or hazardous substances.
City o1 Huntington Beach
Signature
(Please print name and title)
Levine- Fricke- Recon Inc.
bA
Eileen T. Wintemute, Vice President, Principal Engineer
Date
u
L�
1998 SCHEDULE OF CHARGES
WESTERN REGION*
Levine4 icke•Recnn
ENGNEERS. HYGROGEOLOGiSTS 6 APPUEO SCiEPIMSTS
Charges for work performed on a project will be calculated and billed in U.S. currency at the rates and by
category shown below (a separate schedule lists Levine•Fricke-Recon equipment rental rates). Labor rates include
all fringe benefits, burdens, and fees. This schedule is revised annually at the beginning of each year. Changes
within a calendar year will not be made on a project in progress without prior notification.
Professional Services"
RATE PER HOUR
Principal
S 170 - 225
Senior Associate
145
Senior
136
Senior Project
122
Project
108
Senior Staff
92
Staff
60 - 77
Field and Technical Support Services
Environmental Technician
45 - 85
Engineering Technician
39 - 73
Construction Engineer
68 - 73
Engineering DesigneriCADD Operator
55 - 78
ProjectiAdministrative Assistant
48 - 78
Laboratory Services
Laboratory Manager
118
Laboratory AnalystlTechnician
54 - 82
DatabasE-information Systems Support/Computer Services
Information Systems/Database Support Specialist
48 - 8l
CADD Computer Services
12
Scientific Computer Services
18
Databaseilnformation
upon request
Publications and Graphics Support Services
Techrtical Editor
56 - 77
Illustrator
55 - 78
Reproduction
42
'Western Region is defined as project locations within the following states: California, Nevada. Oregon, and
Washington.
"Includes Engineer, Hydrogeologist, Chemist, Scientist, Information Technologies AnalystiDeveloper, etc.
Expert Wimess = 1.5 tithes billable race.
Fifteen percent (15 a) will be added to direct expenses to cover administration of travel, subsistence, contracted
printing costs and photographic work, materials and supplies, and other out-of-pocket expenses. Outside services
for which Levine -Fricke •Recon administers a subcontract, such as drilling, laboratory services, special
consultants, or other outside services such as rental equipment, will be charged at cost plus fifteen percent (15%).
This charge includes insurance costs, business taxes, administrative fees, processing fees, and carrying costs.
Internal costs for telephone, routine postage, and per page photocopying will be covered by a 2.4%
communication fee based on total project invoice. Time spent in domestic travel will be billed with the foregoing
schedule, except that no more than eight hours of travel time will be billed in any one day. Overtime hours will
be charged at the rates quoted above.
LNrVOLCES AND PAYMENT
Invoices will be issued routinely on a final or partial basis. Payment is due upon receipt. Interest of one percent
per month (12 % per &mum) will be applied to the outstanding balance for accounts not paid within thirty (30)
calendar days from receipt of the invoice. This does not constitute a credit agreement. Client shall pay any
attorney fees, court, and other costs associated with collection of anv delinauent amount.
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CONFERS! NO RIGNTB UPON THE CER11R.J1 I E HOE DER. THIS CERTIFICATE
0*810y, Renton Assou i otes
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Attn: E. Borrow
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
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CERTIFICATE MAY BE ISSUED AR MAY PERT AIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEE) HEREIN IS SUBJECT TO ALL THa TENwIS.
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flE�pFLOTION OF ITEM■
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insureds to general and autoliabilitywith primary insurance per.poiiey form
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SHOULD ANY OF THE ABOVEDESCRIBED POLICIES HE CANCELLED DEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL. C-04% 06A 116
MAIL 30*DAYSWRITTEhNOTICFTOTHECEnliFICATEHOLDERNAMEDTOIHE
City of Huntington Eleach x LEFr:�
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Attn: 0aug Kota 1 a s ncr ce ar aTT-. aSTnlen o prQm�ci
P O Box t90*E�cce
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Huntington Beach, CA 9yy26AEI
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