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HomeMy WebLinkAboutRGA Environmental - 2010-01-19 T. Council/Agency Meeting Held: / — /9 -co90/v Deferred/Continued to: proved ❑ Co dition II A rov d ❑ Denied Ci ler ' ignatu 7 Council Meeting Date: 1/19/2010 Department ID Number: PW 10-01 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRA PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR F PU C WORKS SUBJECT: Approve Professional Services Contracts for As Needed Hazardous Materials Testing and Inspection Firms Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Public Works Department regularly requires the services of specialized firms that can provide hazardous materials, such as asbestos and lead, testing and inspection for various construction projects. City Council is asked to approve a professional services contract for on-call as-needed material's testing and inspection for hazardous materials. Funding Source: Funds are available within the budgeted capital improvement and maintenance projects. Recommended Action: Motion to: 2 1. Approve and authorize the Mayor and City Clerk to execute Professional Services �� Contract between the City of Huntington Beach and RGA Environmental for As-Needed Hazardous Materials Tesing and Inspection Services; and 2. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Ninyo & Moore for As-Needed Hazardous Materials Tesing and Inspection Services. Alternative Action(s): Do not authorize the contracts and direct staff to request proposals from other hazardous materials tesing and inspection firms for these services for various capital projects. 0�21�fN 0,,q /A �614- ��� REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/19/2010 DEPARTMENT ID NUMBER: PW 10-01 Analysis: The City is legally required to determine the presence of asbestos and lead paint on demolition and renovation projects. As these services are typically a small part of an overall project, staff recommends the City retain the services of qualified hazardous materials testing and inspection firms on an as-needed basis to increase efficiency and save time on procurement. Both contracts are for five-year terms with task order assignments awarded for each individual project,provided the total aggregate amount does not exceed the specified duration and dollar amount of the contract. Cost estimates for each project task order is requested and evaluated by staff prior to issuance of task order or performance of work on a project. Project assignments are assigned to individual consultants based on the company's areas of strength, available resources and task order cost estimates. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Twenty-six (26) proposals were received and ranked based on qualifications listed in the proposals. The proposed contracts are a total not-to-exceed $350,000 per contract for a total of$700,000 over the five year term. Funding sources will be from capital projects or maintenance budgets approved by City Council through the annual budget process. Public Works Commission Action: Not required. Strategic Plan Goal: 1) Maintain, improve and obtain funding for public improvements. 2) Maintain and enhance public safety. Environmental Status: Not applicable. Attachment(sD: Page N'urriher No. Is 1. Professional Services Contract between the City of Huntington Beach oS and RGA Environmental for As-Needed Hazardous Materials Tesing /�L-67 and Inspection Services 2. Professional Services Contract between the City of Huntington Beach and Ninyo & Moore for As-Needed Hazardous Materials Tesing and Inspection Services -2- 1/612010 5:18 PM ATTACHMENT #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH.AND NINYO &MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCE CONSULTANTS FOR HAZARDOUS MATERIALS INSPECTION AND TESTING SERVICES Table of Contents 1 Scope of Services.....................................................................................................I 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 Signatories.............................................................................. .............................,..10 28 Entirety.....;. ..... 29 Effective Date...........:::.....: :..:::. .......................... ...... .I1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NINYO &MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCE CONSULTANTS FOR HAZARDOUS MATERIALS INSPECTION AND TESTING 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 NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCE CONSULTANTS, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the service perform hazardous materials inspection and testing services; and Pursuant to documentation on file in the office of the City Clerk,the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into:this Agreement by.this .reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Dana Williams who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 09-2284/40398 1 of 11 1 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 on , 20ID (the "Commencement Date"). This Agreement shall automatically terminate five (5)years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit"A" shall be completed no later than five (5) years from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "1E3," `which is attached hereto and _incorporated by reference :into this Agreement'..a,fee, including all costs and expenses, not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00). 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 09-2284/40398 2 of 11 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, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,:if any)negligent(or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of 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 09-2284/40398 3 Of 11 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work(including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify 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 repo.rting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for,the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect 09-2284/40398 4 of 11 Consultant's right to be paid for its time and materials expended prior to notification of termination_ CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall famish 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. 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. 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. 09-2284/40398 5 of 11 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. 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. 09-2284/40398 6 of 11 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: TO CONSULTANT: City of Huntington Beach Dana Williams Public Works Department Ninyo &Moore Geotechnical And Environmental ATTN: Eric R. Charlonne Science Consultants 200.0 Main Street 475 Goddard Street, Suite 200 Huntington Beach, CA 92648 Irvine,CA 92618 17, CONSENT When CITY s consent/approval is required under this Agreement, its Pp q g 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. 09-2284/40398 7 of 11 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number,shall be deemed to include the other whenever the context so indicates or requires. Nothing contained Herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or Riture 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 09-2284/40398 8 of 11 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 09-2284/40398 9 of 11 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not,in fact,held by the �figbatory or is withdrawn. CONSULTANT'S initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties,:oral or otherwise, have been made by'that'party.or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or.circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 09-2284/40398 10 of 11 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. NINYO &MOORE GEOTECHNICAL CITY OF HUNTINGTON BEACH,a AND ENVIRONMENTAL SCIENCE municipal corporation of the State of CONSULTANTS Calif is By: May r print name ITS: (circle one)Chairinar4Eden ice President ty Clerk !-lq-10l � AND By./ � G � INITIATED AND APPROVED: Margot A ves print name ITS: (circle one Secretary/Chief Financial Director o Public Works/'� Office Asst. Secretary Treasurer �'LI+� + 2 REVI ND APPROVED: ty dministrator APPROVED AS TO FORM: oc U �t lam` -` pity Attorney (Y\tl 11-3-61 09-2284/40398 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT shall provide environmental inspection and testing services on an "as needed" basis for projects to be determined during the term of the contract, including federally funded projects under the Community Development Block Grant program and projects funded by other agencies. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach Hazardous Materials Inspection and Testing Services Request for Proposal - Scope of Work (Exhibit A.1). Detailed services shall include, but is not limited to the following scope of work proposed by CONSULTANT as shown in Exhibit A.2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish construction plans and specifications to the consultant as required. 2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. jmp/contracts group/exA/10/23/09 l of 1 Exhibit A.1 City of Huntington Beach Hazardous Materials Inspection and Testing Services Request for Proposal Scope of Work The scope of work for the respective phases of the consultant's services shall include but not be limited to the following items: 1. General Requirements: a. Provide field inspections and testing to determine the existence and extent of hazardous substances including asbestos, lead paint,hydrocarbons, etc. b. Recommend method(s) of remediation on affected work and advise the City of acceptance standards. c. Submit field reports to the City immediately after tests and inspections are completed. Submit and distribute typed inspection and testing reports to the City's Public Works Department in accordance with "UBC" and "Green Book" requirements and to other concerned parties within a week after the work is performed. d. Submit a final report to the City upon completion of each project. e. Communicate effectively both orally and in writing and inspect all types of construction work including but not limited to street improvements, drains,buildings, and pump stations. £ Perform abatement inspection services. g. Each firm must posses and be certified on the following: ® Certified Asbestos Consulting m Certified Lead Inspector + Certified Indoor Environmentalist. h. Each firm must either have staff or sub-consultant that is a Certified Industrial Hygienist. 2. Special Requirements: All inspection and testing work will be completed in strict conformance with applicable Federal, State, and Local codes.and requirements. 3. Reporting Test Results: a. Test results will be submitted to the City immediately upon obtaining the results. b. Test results will include a remediation plan if so requested by the City. EXHIBIT A.2 NINYO AND MOORE METHODOLOGY AND APPROACH As a full-service environmental sciences and geotechnical firm, Ninyo & Moore will conduct surveys and perform project oversight tasks as specified in the RFP requirements. We have ex- tensive experience in reviewing construction documents and designing work plans for the conducting of hazardous building material surveying, testing, and on-site observations associated with construction projects. Specific scopes are discussed on the following pages. Technical Approach,Methodology,and Specific Tasks and Activities Hazardous Material Survey and Observation Service Elements It is expected that the City will encounter hazardous building materials issues as part of the reno- vation or demolition of buildings. We are experienced in performing hazardous building materials surveys (HBMSs) that assess suspected asbestos containing materials (ACMs); sur- faces containing lead-based paints (LBPs); mercury-containing thermostats/switches; fluorescent light tubes; exit signs; FreonTM-containing refrigeration systems; light ballasts, switches, and transformers containing polychlorinated biphenyls (PCBs); and mold. To assist the planning process for each project, we can perform surveys to identify the presence of HBMSs and prepare abatement specifications that instruct contractors to follow safe practices for the removal of these materials. Ninyo & Moore will sample building materials suspected to be hazardous that will be impacted by renovation or demolition activities. We understand that buildings may be occupied at the time of our surveys. For this reason, it is important to: 1) collect samples only when staff and students are not present in the areas to be sampled and 2) utilize non-destructive sampling techniques, wherever possible, to minimize the impact to the areas sampled. We have conducted HBMSs at numerous occupied facilities and implement procedures that minimize disruption to operations. The field team would consist of a California-Certified Asbestos Consultant or Site Surveillance Technician performing the asbestos survey and a California-Certified Lead Paint Inspector/ Assessor performing the.LBP.survey. All samples would be collected, managed, and transported in accordance with relevant local, state, and federal regulations using;industry-standard chain-of:. custody procedures.All field activities would be recorded on existing field forms designed;by Ninyo &Moore for HBMSs. Samples would be forwarded to a qualified laboratory for analysis, and the results reviewed by Ninyo & Moore personnel in accordance with a quality assurance/quality control (QA/QC)program that facilitates compliance with project performance standards, schedules, and budgets. This comprehensive QA plan is outlined in a procedural manual that describes specific QC procedures to be used during projects. The program addresses data generation, management, and quality assessment guidelines for sampling and analysis procedures, as well as methods of abatement and corrective action. Abatement Scope of Work Development Ninyo & Moore has extensive experience in preparing technical specifications and conducting abatement oversight for projects involving removal of asbestos, LBP, PCB-containing equip- ment,mercury-containing equipment, and other hazardous materials. This allows us to provide a 1 of 3 specification document in a very cost-efficient manner that is complete and follows all appropri- ate regulatory requirements. Our hazardous materials specifications and abatement oversight activities are based on our widespread experience in managing abatement projects and cover every aspect of the abatement process, including notifications and permitting requirements, site and worker safety, emergency procedures,work area preparation, material removal, air sampling, clearance sampling, waste determination, disposal of waste material, and proper documentation. Our detailed knowledge of all aspects of abatement projects is essential in ensuring that such projects are completed within the time and budgetary requirements established by the client and Ninyo &Moore. Contaminated Soil Water, and Other Media We understand that services to be performed under this contract may include performing site as- sessment and remedial planning tasks for soil,water,or other media affected by hydrocarbons or other contaminants or wastes. Ninyo & Moore will provide on-call environmental engineering services, field services, and laboratory testing and related services on an as-needed basis for the following general services, as applicable: • Environmental Transaction Screen(ETS) • Phase I Initial Site Assessment(ISA) • Phase U Site Investigation(SI) • Remedial Investigation/Feasibility Study(RI/FS) • Remedial Action Plan/Remedial Action Design(RAP/RAD) • Remediation Oversight • Post-Remediation Monitoring The above-listed services represent a general order of the site assessment process from beginning to end as may be needed under this agreement. However, depending on the project, only one or several of these services may be required. Tasks associated with the above-listed services will be performed in accordance with applicable and appropriate federal, state, and local agency guide- lines,rules,regulations, and criteria. Challenges and Suggested Approaches for Successful Resolution Ninyo & Moore has perfected its system to anticipate and address any potential constraints, problems, and issues in a number of categories,including the following: Project Management System We have developed an on-call contract project management system and approach that allows our project principals, managers, and staff to serve as a synergistic extension of your staff. Para- mount to this is the development of simplified and streamlined communication mechanisms between our team and the City of Huntington Beach. Twenty-four-hour, seven-day-a-week point of contact telephone numbers and e-mail addresses will be provided. City requests will be ad- dressed immediately. We have several facsimile machines, cellular phones for all staff, desktop computers with e-mail addresses for all staff, laptop/portable devices available to all staff, and courier services, all to facilitate project communications and client responsiveness. We have documented success in providing comprehensive yet cost-effective project management to various clients. We are proud of our exceptional reputation for providing high-quality techni- cal expertise while meeting rigorous work schedules and budgets. Our commitment to service 2 of 3 and quality is illustrated by the repeat patronage of our clients and by numerous written client commendations. Mechanisms for On-Time Performance and Quality of Deliverables All project schedules are monitored weekly by Ninyo &Moore during regular project meetings. Strict adherence to established project schedules is a standing primary directive from Mr. Avram Ninyo and permeates throughout our organization. Each key task and milestone of all projects is assigned a due date by the project manager. Contingency time factors are built into schedules for unforeseen or unavoidable delays. The project manager is responsible to ensure that project mile- stones and deliverables are completed and submitted to the client on time or ahead of schedule. In the event that unavoidable delays occur (e.g., adverse weather, regulatory delays, etc.), the City representative for the project will be notified immediately and a new satisfactory schedule will be developed. Ninyo & Moore's large base of professionals as well as sub-consultant professionals enables us ,to be responsive to client needs and to successfully complete project tasks on time. Our current and anticipated workload is such that the personnel assigned to this contract will be able to ac- complish task order deliverables for the duration of the contract. Our project team is currently fully-staffed and equipped to undertake the scope of services anticipated for this contract. Cur- rent backlog for the environmental division of the project office is less than 75 percent of capacity,,providing adequate staffing for the contract. 3 of 3 I 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: See Exhibit B.1 —Proposed Hourly Fee Schedule Total fees shall not ! exceed Three Hundred Fifty Thousand Dollars ($350,000,00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 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 project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. CONSULTANT sub 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''lwork 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 Surfnet Exhibit B hourly 1 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. 5. 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. i Surfnet Exhibit B hourly 2 EXHIBIT B.1 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist......................................................................................... $ 154 Senior Engineer/Geologist/Environmental Scientist............................................................................................. $ 148 Senior Project Engineer/Geologist/Environmental Scientist................................................................................ $ 145 Project Engineer/Geologist/Environmental Scientist............................................................................................ $ 142 Senior Staff Engineer/Geologist/Environmental Scientist.................................................................................... $ 128 Staff Engineer/Geologist/Bnvironnxental Scientist................................................................................................ $ 120 GISAnalyst............................................................................................................................................................ $ 120 FieldOperations Manager...................................................................................................................................... $ 95 SupervisoryTechnician.......................................................................................................................................... $ 86 Nondestructive Examination Technician,UT,MT,LP........................................................................................ $ 85 Senior Field/Laboratory Technician...................................................................................................................... $ 79 Field/Laboratory Technician.................................................................................................................................. $ 79 ACIConcrete Technician....................................................................................................................................... $ 79 Concrete/Asphalt Batch Plant Inspector................................................................................................................ $ 79 Special Inspector(Concrete,Masonry,Steel,Welding,and Fireproofing).......................................................... $ 79 Technical Illustrator/CAD Operator...................................................................................................................... $ 78 Geotechnical/Environmental/Laboratory Assistant............................................................................................... $ 66 InformationSpecialist............................................................................................................................................ $ 66 Data Processing,Technical Editing,or Reproduction........................................................................................... $ 58 HOURLY RATES FOR THE FOLLOWING TASKS Lead Monitoring,full day rate per person(8-hour shift)plus four(4)lead samples,laboratory analysis(normal turn-around),equipment,materials,travel time,mileage,expenses,and final $ 1,500 reportincluded.................................................................................................................................... Asbestos air monitoring,full day rate per person(8-hour shift)plus six(6)PCM samples,labo- $ 1,500 ratory analysis(normal turn-around),equipment,materials,travel time,mileage,expenses,and finalreport included........................................................................................................................... On-site building inspection per person(8-hour shift)for asbestos excluding sampling costs per $ 1,024 site....................................................................................................................................................... Rate per hour for industrial hygienist exceeding(8-hour limit)....................................................... $ 142/hr RATES FOR THE FOLLOWING TESTS Lead in air,paint,dust,soil-per sample,normal turn-around................. $ 10 /test Lead in air,paint,dust,soil-per sample,rush-same day turn-around.............................................. $ 40 /test Phase contrast microscopy(PCM)—obtain fiber count/per sample,normal turn around............... $ 8 /test Phase contrast microscopy(PCM)—obtain fiber count/per sample,rush-same day service........... $ 20 /test Polarized li ht microscopy(PLM)—bulk asbestos sample/per sEple,normal turn around.......... $ 18 /test NOTES(Field Services) For field and laboratory technicians and special inspectors,regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays.Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours.Field Technician rates are based on a 2-hour minimum.Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours.Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as pre- sented in Ninyo&Moore's Work Authorization and Agreement. Exhibit 1-Nmyo Moore Client#: 704 NINYOMOOR1 . CERTIFICATE OF LIABILITY INSURANCE 1DATE 1/06109D1YY ) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604-2675 510 465-3090 Christine Silan INSURERS AFFORDING COVERAGE INSURED INSURER A: American Automobile Ins.Co... Ninyo&Moore Geotechnical& INSURER B: Fireman's Fund Insurance Co. Environmental Sciences Consultants INSURER c: Lexington Ins.Co. 475 Goddard,Suite 200 INSURER D: 'Irvine,CA 92618 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MM/DD/YY A GENERAL LIABILITY MZG80911156 10/03/09 10/03/10 EACH OCCURRENCE $1,000,000 X I COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE ® OCCUR MED EXP(Any one person) $10,000 X Contractual PERSONAL&ADV INJURY $1,000,000 X RR Cont CG2417 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OP AGG $2 000,000 POLICY X PRO- JECT X LOC A AUTOMOBILE LIABILITY MZG80911156 10/03/09 10/03/10 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS ,A, E+D��' o F BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS a, Efd McG T City 4omey / BODILY INJURY $ X NON-OWNED AUTOS V/ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY CGX71476790 10/03/09 10/03/10 EACH OCCURRENCE $9 000 000 X OCCUR CLAIMS MADE AGGREGATE $9 000 000 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WZP80973506 05/01/09 05/01/10 X WCRY STATU- CE IMI , EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EAEMPLOYEE1$1,000,000 E.L.DISEASE-POLICY LIMIT 1$1,000,000 C OTHER Professional 013001489 10/03/09 10/03/10 $5,000,000 per Claim Contractor's $5,000,000 Annl Aggr. Pollution Liab. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: Master Contract. -As-Needed Environmental Inspection and Testing Services/Hazardous Materials Inspections and Testing Services. (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WINXXX)M (TOMAIL30 DAYSWRITTEN Attn: Public Works Dept. NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFTjWAfX X 2000 Main Street x�xtamcsa�txoc xoxatx�t6oc Huntington Beach,CA 92648 xf�xx�c AUTHORIZED REPRESENTATIVE ACORD 25S(7/97)1 of 2 #M259474 DAC 0 ACORD CORPORATION 1988 7 1A in-y' "d-d" VNIg poa D E S C R 1!PPT GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Huntington Beach, its officers,elected or appointed officials,employees, agents and volunteers. Insurance is primary and non-contributory. A Waiver of Subrogation applies to General Liability,Automobile Liability and Workers Compensation. _�T $ AMS 25.3(07/97)2 of 2 #M259474 POLICY NUMBER: MZG8 0 91115 6 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): Location(s)Of Covered Operations City of Huntington Beach REF: Master Contract. - As-Needed Attn: Public Works Dept . Environmental Inspection and 2000 Main Street Testing Services/Hazardous Huntington Beach, CA 92648 Materials Inspections and Testing Services . GENERAL LIABILITYADDITIONAL INSURED: The Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to This insurance does not apply to"bodily injury"or include as an additional insured the person(s) or "property damage"occurring after: organization(s)shown in the Schedule, but only 1. All work, including materials, parts or equip- with respect to liability for"bodily injury", "property ment furnished in connection with such work, damage" or"personal and advertising injury" on the project(other than service, mainte- caused, in whole or in part, by: nance or repairs)to be performed by or on 1. Your acts or omissions; or behalf of the additional insured(s) at the loca- 2. The acts or omissions of those acting on your tion of the covered operations has been com- behalf; pleted; or in the performance of your ongoing operations for 2. That portion of"your work"out of which the the additional insured(s)at the location(s) desig- injury or damage arises has been put to its nated above. intended use by any person or organization B. With respect to the insurance afforded to these other than another contractor or subcontrator additional insureds, the following additional exclu- engaged in performing operations for a sions apply: principal as a part of the same project. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM Hazardous Materials Ins ection and Testing Services Weight Factor Rater 1 Rater 2 Rater 3 Total Total Rank Scores Weighted Scores Does the proposal clearly address the stated requirements and how their proposed qualifications and services will satisfy those 10 requirements? American Environmental 4.00 3.00 4.00 11.00 110 Citadel Environmental 3.00 3.00 3.00 9.00 90 Environ Network Corp 4.00 3.00 4.00 11.00 110 Executive Environmental &DO 4.00 3.00 10.00 100 Gti Environmental &DO 4.00 3.00 10.00 100 Masek Consulting 3.00 3.00 4.00 10.00 100 Ninyo&Moore 3.00 1 4.00 4.00 11.00 110 RGA Environmental 4.00 4.00 4.00 12.00 120 Technical appraisal and method used for inspection and testing of 25 specfic hazardous material types called out in the RFP. American Environmental 4.00 3.00 4.00 11 00 275 Citadel Environmental 3.00 3.00 3.00 9.00 225 Environ Network Corp 4.00 3.00 4.00 11.00 275 Executive Environmental 3.00 4.00 3.00 10.00 250 Gti Environmental 3.00 4.00 3.00 10.00 250 Masek Consulting 3.00 3.00 4.00 10-001 250 Nino&Moore 4.00 4.00 4.00 12.001 300 RGA Environmental 4.00 4.00 4-00 12.00 300 Qualifications and experience of the key indivivals&sub- 30 consultants. American Environmental 3.00 4.00 3.00 10.00 300 Citadel Environmental 3.00 4.00 4.00 11.00 330 Environ Network Corp 4.00 4.00 4,00 12.00 360 Executive Environmental 4.00 4.00 4.00 12.00 360 Gti Environmental 3.00 4.00 3.00 10.00 300 Masek Consulting 4.00 4.00 4.00 12.00 360 Ninyo&Moore 4.00 4.00 4.00 12.00 360 RGA Environmental 4.00 4.00 4.00 12.00 360 i 10 Clarity of proposal i American Environmental 4.00 3.00 4.00 11.001 110 Citadel Environmental 3.00 &00 3.00 9.001 90 Environ Network Corp 4.00 3.00 4.00 11.00 110 Executive Environmental 3.00 4,00 4.00 11.00 110 Gti Environmental 3A0 4.00 4.00 11.00 110 Masek Consulting 4.00 3.00 4.00 11.00 110 Ninyo&Moore 3.00 4.00 &00 10.00 100 RGA Environmental 4.00 3.00 4.00 11.00 110 i Compliance with proposal requirements including the 20-page 10 limitations. American Environmental 3.00 3.00 3.00 9.00 90 Citadel Environmental &DO 2.00 3.00 8.00 80 s Environ Network Corp 3.00 2.00 3.00 8.00 80 I Executive Environmental 3.00 4.00 3.00 10-00 100 1 t Gti Environmental 3.00 4.00 3.00 10.00 100 G Masek Consulting 5.00 3.00 3.00 11.00 110 t Ninyo&Moore 2.00 4.00 2.00 8.00 80 r RGA Environmental 3.00 4.00 2.00 9.001 90 "s H 1 of 2 r t F '4 i Rater 1 Rater 2 Rater 3 Total Rank Weighted Scores American Environmental 300.00 285.00 300.00 885 6 Citadel Environmental 255.00 275.00 285.00 815 8 Environ Network Corp 330.00 275.00 330.00 935 3 Executive Environmental 285.00 340.00 295.00 920 5 Gti Environmental 255.00 340.00 265.00 860 7 Masek Consulting 315.00 285.00 330.00 930 4 Ninyo&Moore 300.00 340.00 310.00 950 2 RGA Environmental 330.00 330.00 320.00 980 1 2of2 City of Huntington Beach Hazardous Materials Inspection and Testing Services Proposals Received Vendor'Name -E-MaitAddress I Aurora Industrial Hygiene,Inc. grinck'a�auroraih.coni Attn:Grace Rinck 1132 Mission Street, Ste B South Pasadena,CA 91030 562-988-8993 Terracon Consulting Engineers 2 and Scientists iralcarazrzi%terracon.ccnn Attn:Jason Alcaraz 16662 Millikan Ave Irvine,CA 92606 949-660-9718 American Environmental 3 Specialists, Inc. davi&daeshb.com Dave Silveri 15183 Springdale Huntington Beach,CA 92649 714-379-3333 4 Professional Service Industries,Incjustin.bevins(LPpsiusa.com Attn:Justin Bevins 3960 E.Gilman Street Long Beach,CA 90815-1753 562-597-3977 x-247 5 Clark Seif Clark nkramer'a�cscena.com Attn:Norm Kramer 21732 Devonshire Chatworth,CA 91311 949-453-8177 6 Pacific EH&S Services, Inc t.morrisonriphsc-web.com Attn: Timothy Morrison 2192 Martin, Ste 245 Irvine,CA 92612 949-250-6396 7 Sigma Engineering, Inc. mtabbara!u sigmaenizineerin2ine.c Attn: Mike Tabbara 2101 Auto Center Drive, Ste 150 Oxnard,CA 93036 805-983-6262 Haz Mat Inspection Certifications] I of 12/3/2009 City of Huntington Beach Hazardous Materials Inspection and Testing Services Proposals Received Vendor Name E-Mail Address 8 Integrity Environmental Consultants,Inc. mradhari,a integrityenvironmenta; Attn: Massoud Randari 130 Vantis,Ste 130 Aliso Viejo,CA 92656 949-586-1414 x-205 9 Ellis Environmental Management, duanebehrensAcilisenvironmenta Attn: Duane Behrens 430 Silver Spur Road,Ste 201 Rancho Palos Verdes,CA 90275 310-544-1837 x-106 10 Kleinfelder West,Inc. idavisAwkleinfeldencom Attn:Jeff Davis 1370 Valley Vista Drive,Ste 150 Diamond Bar,CA 91765 909-727-4466 11 Bureau Veritas North America,Inc aimee.leckie�i-us.bureauveritas.cc Attn: Aimee Leckie 1565 MacArthur Blvd Costa Mesa,CA 92626 714-431-4118 12 Calvada Environmental Services, I tirocci,calvadaenvironinental.com Attn: Timothy J. Lane 1351 Pomona Road,Ste 250 Corona,CA 92882 951-808-8585 x-103 13 Environmental Network Corporati abiankevoort(d�encorp.net Attn: Alexander Blankevoort 16700 Valley View Ave,Ste 100 La Mirada,CA 90638 714-523-9811 14 Ambient Environmental, Inc. th(n�ambientenv.com Attn: Todd Hill 1464 6th Street Norco,CA 92860 Haz Mat Inspection Certifications 1 2 of 4 12/3/2009 City of Huntington Beach Hazardous Materials Inspection and Testing Services Proposals Received Vendor Name E-Mail Address telephone#not provided 15 Executive Environmental Services Corp vjZaleana,:!j.execenv.cotn Attn: Yesenia Galeana 310 E. Foothill Blvd,Ste 200 Arcadia,CA 91006 626-440-7050 16 RGA Environmental,Inc. stover ar¢aenv.com Attn: Steven Rosas 1466 66th Street Emeryville,CA 94608 949-428-7060 17 Ninyo&Moore Geotechnical& Environmental Sciences Consultants dwilliamsu.ninvoandmoore.cotn Attn: David L. Richter 5710 Ruffin Road San Diego,CA 92123 18 Gti Environmental Inc Jai me"d tienviro.net Attn:Jaime Guillen 979 W. 3rd Street San Pedro, CA 90731 310-514-9246 19 John's Environmental, Inc. emgcornpaIIN Awahoo.coni dba EMG Company Attn:John Pham 7500 Suzi Lane Westminster,CA 92683 714-893-5166 20 Patriot Environmental Laboratory Services,Inc. Txvilsonudmatriotlab.com Attn:Todd Wilson 7271 Garden Grove Blvd. Ste A Garden Grove,CA 92841 888-743-0998 Haz Mat Inspection Certifications I 3 of 4 I2/3/2009 City of Huntington Beach Hazardous Materials Inspection and Testing Services Proposals Received Vendor Name E-Mail Address 21 Citadel Environmental Services, In kwest dcitadelenvirontnental.con- Attn:Kelley West 425 E.Colorado Blvd,Ste 560 Glendale,CA 91205 818-246-2707 22 Winzler&Kelly CatinaTheisseti,d,..w-and-k.com Attn:Carina Theissen 3531 E.Miraloma Avenue Anaheim,CA 92806 858-244-0440 23 Masek Consulting Services, Inc fs1­nntcsN_1 cOx.net Attn: F. Stephen Masek 23478 Sandstone Street Mission Viejo,CA 92692 949-581-8503 24 GeoDesign, Inc. czadoo•ian�ct: e' odesigninc.coni Attn: Christopher J.Zadoorian 2121 S. Town Centre Place,Ste 130 Anaheim,CA 92806 714-634-3701 25 Xeon,Inc. krobertsActles.com dba CTL Environmental Svcs Attn: Kevin Roberts 24404 S. Vermont Ave, Ste 307 Harbor City,CA 90710 310-530-5006 26 ATC Associates, Inc Drengson�'itcatcassociates.com Attn: Steve Drengson,CAC 25 Cupania Circle Monterey Park,CA 91755 323-517-9780 Haz Mat Inspection Certifications i 4 of 4 12/3/2009 CITY OF HUNTINGTON BEACH Professional Service Approval Form PAIN 11 Date: 12/2/2009 Project Manager: Eric R. Charlonne Requested by Name if different from Project Manager: Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVALFORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:Ninyo & Moore 2) Contract Number: PWK (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 350,000 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. ,,AKre r of in ce or designee) Signature RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Approve Professional Services Contracts for As Needed Hazardous Materials Tesing Firms COUNCIL MEETING DATE: January 19, 2010 RCA"sATT CHMENTS `. S'TATUS Ordinance"(w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION'FOR "IVIISSING`ATTACIIVIENTS IEV9;E�lED- FOR A, .D:ED Administrative Staff ) Deputy City Administrator (In ial City Administrator (Initial) City Clerk oFN, EXPLANATION FOR RETURN' ® • RCA Author: Charlonne X 5430 City of Huntington Beach ' 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC e =1" '# JOAN L. FLYNN CITY CLERK January 21, 2010 Dana Williams Ninyo & Moore Geotechnical and Environmental Science Consultants 475 Goddard Street, Suite 200 Irvine, CA 92618 Dear Mr. Williams: Enclosed for your records a copy of the Professional Services Contract between the City of Huntington Beach and Ninyo & Moore Geotechnical and. Environmental Science Consultants for hazardous materials inspection and testing services. Sincerely, J n L. Flynn, CIVIC City Clerk JF:pe Enclosure Ufollowup:agrmthr Sister Cities: Anjo, Japan Waitakere, New Zealand (Telephone:714-536-5227)