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HomeMy WebLinkAboutSCS ENGINEERS - 1987-05-04 REQUE I=OR CITY COUNCOAC�TItON + NNNNN�wvI��`` Date Aunust 14,_987Al Cl - LU Submltt ;to: Honorable Mayor and City Council i Ui��,,, Suf;miitted �. : s W. Thompson, City Administ at Y Charles p , y Prep r6d by: Paul E. Cook, Director Pf Public tNorks<� �;� Z,Ct Subjeot: Supplemental Agreement to Site Characterization Study at McCallen Park; CC-544 Consistent With Council Policy? [X] Yes [ J New Policy or Exception Statement oflssue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: j Statement of Issue: In order to complete a clean-up plan for b4c Callen Park, additional work roust be accomplished. Recommendation: Approve a contract amendment to the SCS Engineers agreement and authorize the Mayor and City Clerk to execute the rupplemental agreement for a fee not to excee:i $4,740. Analysis: On March 16, 1987, the City Council approved the termination of the construction contract for Phase I of Marcus McC:allen Park because the contractor encountered non-toxic oil deposits at the bottorn of the storrl, drain retention basin. In accordance with Chripter 6.5 of the California Health and Safety Code and Title 22 of ine California Administrative Code, the city cannot proceed with the construction of Phase 1 improvements until a site characterization study has been submitted and reviewed by the Orange County Health Care Agencv. Therefore, pursuant to Chapter 3.03, "Professional Services" of the Municipal Code, requests were solir.ited from qualified consultants to prepare; We study. The stur,y has been completed and submitted to the Health Department for approval. The clean-tit) method proposed by the consultant has been approved. The task that rntist be accomplished now is a deterrninWion of how much undesirahle material must be excavated so plans and specifications can he prepared. Fundinq Source: Revenues to cover additional consultant costs of $4,740.00, will be obtained from the unappropriated fund balance of $159,871 in fiscal account 790611 (MrCallen Improvements). Alternative Action: 1. Select another consultant to complete the work. 2. Deny approval of selecting any consultant and direct staff ^n how to proceed with preparation of site characterization study. Attachments: Supplemental Agreement C WT:PEC:LE:dw No 5/85 e iTY' CIF Hl.rOiVTINGTCrN E3zr=Ac 2000 MAIN STREET CALIFORNIA 0648 OFFICE OF THE CITY CLERK January 19, 1988 Kenneth V. LaConde SCS Engineers .4014 Lang Beach Blvd. Long -Beach, CA 90807-2087 The City Council of the City of Huntington Beach at its regular meeting held September 8, 1987 approved a Consultant Agreement between the City of Huntington Beach and SCS Engineers for Consulting Services relative to the side characterization study at McCallen Park. Enclosed is a duly executed copy of said agreement together with a copy of the insurance certificate which you submitted. Alicia M. Wentworth City Clerk At•IW:CB:me Enclosure CC: Les Evans, Acting Director of Public Works Don Noble, Contract Administrator, DPW .. Wayne Lee, finance Department (TeWphone:71 4-536-5227) ROBERT P STEARNS.PE SCS ENGINEERS ET.coNRAD.pE STEARNS,CONRAD AND SCHMIDT CONSULTING ENGINEERS,INC. Terrill J Chang.PE Miles J Haven 4014 LONG BEACH BOULEVARD MlChae!W.MCLaughlul LONG BELCH.CALIFORNIA 9W?.M ? Gary L.Mitchell,PE 013)4mg 44 Dean A Rlchesm.CEG David E Ross,PE Krishan K.Saipal,PE August 11' ,:J 9 8 7 William L Schubert File 'No . 18 718 James J Walsh.PE Mr . Les: Evans 'City Engineer City 'of Huntington Beach -2000 ,Main Street P O. Box . 190 Huntington Beach, California 92648 Sub-;R (-•t : Excavation of Contaminated Soils at the .McCallen Park Redevelopment Site , Huntington Beach, California Dear Mr . Evans, This letter serves to inform you of the status of our activities for the McCallen Park Redevelopment. site . Following our meetings and telephone: conversioiis with city officials in late July and early August, it was agreed that excavation and on-site landfarming of Contaminated soils Would probably be the most viable remedial action for the site . . 1n .`order to implement this action, on August 1, 1907, representatives of SCS met with Mr . Lee Gietley and Mr . William Diakmann of Orange County Department of Environme--ita? Health (OCDEH). :o discuss landfarming and other possible remedial measures for the site . While Mr . Gietley and Mr . Diekmann agreed in principle to landforming, they suggested other alternatives which they felt may be appropriate . These are as follows : 1 ) Excavation, transport and disposal of contaminated soils within a Class 3 landfill . This approach would be dependant upon permission from the Regional Water Quality Control Board (RWQCB ) . It would need to be demonstrated that the contamination will not impact any underlying ground water or aquifers . 2 ) Excavation, transport and use of the contaminated soils 'as roadbed material at a site within the city. Again, this would be dependent upon the RWQCB accepting 'the fact these materials will have no impact on underlying ground water . We believe these two alternatives are . unacceptable for the . follo%ing reasons . By law, since these-soils are classified as hazardous materials, they must be transported with all the appropriate 'documentation to a Class . l landfill . Presently, the --losest Class 1 landfill is ir► Kettleman Hills, California . The associated transportation, documentation and OFFICES IN FIESTON.VIRGIHIA•LON-3 BEACH.CALIFORNIA.DUBUh CAL.FOPNIA.BELLEVUE V%A;.41NGY0O. COVINGTON.KENTUCKv ,r. r. Mr Les Evans August 11, 1987 Page Two ,.. }' ' ".S x� .:iix� - its '� - : �a.:^_< . .� ',. r�1&xt',� <a. . even 'if the. contaminated soils;- could tie exempted from ' JWPK�l.. YA.'3.` .... Q.J69..jr hazardous y.waste regulat�i'ons. and wdi"sposed 'of focally , in come .:;.a a .manner, appi val for. their 'disposal by the RWQCB would require an expensive and time-consuming investigation . Considering these -objections, excavation and on-site landfarmina is pibbably ,the , most practical remedial action for the City. 'of Huntington Beach regarding the McCallen •Park Redevelopment ; site . However, before excavation and landfarming can be undertaken, several additional factors need to be addressed . . Since the ` •aiume "�of co'htam-mated soils, and protacols regarding their recognition during excavation and grading are unkna4n. SCS pr6poses that a feasibility study is necessary prior to the a ctual ` excavation and grading for the. entire site . The goals of this proposed feasibility study would be as follows : 1 ) Estimate the volume of contaminated soils through a better understanding of the vertical and horizontal extent of_ contamination detected in the exploratory boreholes . The contaminated soils appear to be localized, 'not extending more than a 10 feet vertically and 10 to 20 feet horizontally. Once an estimate for the volume of contaminated soils is known, the area required for spreading and landfarming can be more accurately determined . 2 ) Determine if contaminated soils can be excavated in a cost effective manner . In order to comply with OCDEH requirements, total -r7overable petroleum hydrocarbon (TRPH ) concentrations for soils should fall below the 1, 000 mg/kg ( ppm) level . There are no state action limits for TRPH, but OCDEH has indicated that levels below 1, 060 mg/kg would be acceptable considering the proposed use for the site . In order to excavate the site in the most cost effective manner , soils with TRPH levels less than 1, 000 mg/kg should be left in place . Al-hough high levels of soil contamination are easily recognized, it is presently not known whether the cut-off point . for low levels (below 1, 000 mg/kg .7RPH ) can be determined in the soil by personnel during excavation . Mr Les. Evans August ll, 1987 Page Three To conduct the feasibility study and . acco;nplish the stated goals, the fullowi'ng tasks are proposed : Task T1 � on Cite , Investigation -. .In one or: two of ,.the areas of knowm- cuntamination,, a .,backhoe will be `used to excavate trenches to determine th_e vertical arid 'horizontal extent of the obvious oil-contaminated sail horizons . Keas.urements regarding areal extent of. contaminaticn will be rec`or`ded , and `used to estimate the volume of : contaminated soils . . . Near the margins of these .areas, samples will be collected dnd later analyzed for TRPN . This will determine if the ' bo'undary .or zone between coiitaminated and "acceptable " soils can . be readily and predictably discerned . A total of 15-25 trenches will be excavated and a total of no more than 15 samples collected from the site . Actual on-site time will be restricted to no more than 8 hours . Task 2 ) Laboratory Analyses - A total of n* more than 15 samples will be analyzed for TRPH . Task 3 ) Report Preparation - A short report will be prepared which will address the following items : o On-Site Investigation o Laboratory Results o Correlation of Field Observations with Laboratory Data o Estimated Volume of Contaminated Soils o Conclusions Regarding Full-Scale Excavation and Land- farming As we previously discussed, a backhoe (with an operator provided by the city) would be available for use to perform this phase of the on-site work . Therefore, as shown in our enclosed cost estimate ( Exhibit t) , no costs are included for backhoe rental . If a backhoe is unavailable , rental costs will range between 70 and 90 dollars per hour . If ; you have any questions regarding this submittal, please feel free to contact one of the undersigned . v`v � Kevin Breen Staff Geologist Kenneth LaCon`de Project Director SCS Engineers 1 w EXHIBIT 1 4'4+d1A ,f EST I MATED'{COS TS#P ' PERFORM: A . FEAS I B I To I.T�Y STUDY . FOR; FXCAVATIO.N :AND; E"ANDEARMING OF CONTAMINATED';xS01LS AT THE -McCALLEN PARK REDEVELOPMENT SITE.. HUNTINGTON BEACH Task . 1 site ' Inves'tIgatiOn o Assuming 8 hours sampling time to excavate up to . 20 on-site trenches using a backhoe . Includes supplies , travel time and mobilization, geologist to direct sampling Ad report 6ni -site , act;vities, and transportation of samples to the SCS laboratory. A total of 15 soil. samples will be colleted . Task: 1 ':'otal . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . $ 800 Task 2 - Laboratory Analysis of soil samples o 15 samples for TRPH ( @ $60 each* ) Task2 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 900 Task 3 - Report Preparation o Prepare written report . Document will include a discussion of the on-site investigation, results of the laboratory analyses , and a =onclusion regarding , the feasibility of excavation and landfarming for the site . Task '3 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750 Total Estimated Cost for Tasks 1 through 3 . . . . . . . . . . . $ 245 Miscellaneous Direct Costs - Milea'ge, phone, repro, etc . . . . . . . . . . . . . . . . . . . . . $ 250 Subtotal Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2700 coordination and administration** . . . . . . . . . . . . . . . . . . . . . 51250 2b% Contingency to cover unexpected problems . . . . . . . . . . $ 790 TOTAL ESTIMATED COST . . . . . . . . . . . . . . so , . . . so . * * . . . . . . . S4740 * Please . note that lab costs are on a non-rush basis . x* Includes one meeting each with the city and OCDEH . i y i CITY; OF HUrVTNNGT iV BEACH r 2 'M, N STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 6, 1987 Kenneth V. LaConde SCS Engineers 4014 Long Beach Blvd. Long Beach, CA 90807-2687 The City Council of the City of Huntington Beach at its regular meeting 'held 61ay 4, 1987 approved a Consultant. Agreement between the City of Huntington Beach and SCS Engineers for Consulting Services. Enclosed is a duly executed copy of said agreement together with a copy of the insurance certificate which you submitted. Alicia 1-1. Wentworth City Clerk AM-1:CB:js Enclosure cc: Paul Cook, Director of Public t-Porks '- •� ..' REQUES FOR OTY COUh1O CTION pale April90'1987 ' k,ift -t Ho `'norable Mayor and City SuGmi.ted to: Y Y Council ` APPROVED By CI'CI' COUNCIL Subnuttecl by: Charles W. Thompson, City Adrnl6litra o �. Prepa► "by: Pa Lit E. Cook, Director of Public Works , l �.G,19...V Subject: Site Characterization Study at McCallen Park; CC— 44 CITY CLi•RK_ Consistent with Counal Policy? [xJ Yes [ j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: Proposals were requested from qualified consultants to perform a site characterization study aCMcCallen Park. Recom'me'nd.at16n: Approve the selection of SCS Engineers and aufloorize the Mayor and City Clerk to execute the attached consultant contract for a fee not to exceed $ 15,690.00. ,Analysis: On March 16, 1987, the City Council approved the termination of the construction contract for Phase I of Marcus McCallen Park because the contractor encountered non-toxic oil deposits at the bottom of the storm drain retention basin. In accordance with Chapter 6.5 of the California Health and Safety Code and Title 22 of the California Administrative Code, the city cannot proceed with the construction of Phase I improvements until a site characterization study has been submitted and reviewed by the Orange County Health Care Agency. Therefore, pursuant to Chapter 3.03, 'Professional Services° of the Municipal Code, requests were solicited from qualified consultants to prepare the study. Staff has reviewed proposals received from Jaykim Engineers, inc., Lockman R Associates and SCS Engineers. Based on this review, the Director of Public Works recommends the selection of SCS Engineers and suggests that the Mayor and City Clerk be authorized to approve the attached consultant contract for a fee not to r.xceed $15,690.00. Funding Source: Revenues to cover consultant costs of $15,690.00, will he obtained from the unappropriated fund balance of $159,871 in fiscal account 790611 (McCallen Improvements). Alternative Actinn: I. Seleji one of the other consultants. 2. Deny approval of selecting any consultant and direct staff on how to proceed with preparation of site characterization study. R Attachments: SCS Consultant Contract ./ CWT:PEC:DRN:lw No fins .r� ?f� N r SUPPLEMENTAL AGREEMENT NO. I TO CONSULTANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCS ENGINEERS FOR CONSULTANT SERVICES WHEREAS, the CITY OF HUNTINGTON BEACH ("CITY"), a municipal corporation of the State of California, and SCS ENGINEERS ("ENGINEER") have heretofore enterer' into I n agreement for the provision of certain professional and engineering services to CITY by ENGINEER. The parties mutually desire to adopt this Supplemental Agreement No. 1 to amend the Agreement. NOW, THERECORE, THE PARTIES CONSENT AND AGREE AS FOLLOWS: 1. Reaffirmation of Existing Aqreement Except as herein provided, the Agreement shall remain in fell force and effect. 2. Chanqe in Total Compensation 1 he total compensation due ENGINEER is increased by an additional Four Thousand seven hundred and forty dollars ($4,740). 3. Change in (Work Statement In consideration of the change in compensation contained in this Supplemental Aqreement No. I, ENGINEER agrees to perform Lhe additional work and effort described in Exhibit A to this Supplement Aqreement No. I which Exhibit is incorporated by reference as though fully set forth herein. IN WITNESS WHEREOF, said parties have executed this Ag^ee:ment the date first herein F,00ve written. Dated CITY OF HUNTINGTON BEACH SCS ENGINEE A municipal corporation "of the State of California � -� P y K6nnet:h V. sonde i By Mavor David Ross ATTEST: ity Clerk APPROVED AS TO FORM: INITIATED AND APPROVED ity ttorne Uirector of Public Works REVIEWED AND APPROVED: City dministrator 0! do _ ISSUE DATE (MfAlDDIYY) IS 6 9/29/87 REVISE PRODUCER THIS CERTIFICATE IS ISSUED•4S A MATTER OF INFORMA710H ONLY AND CONFERS PHD INSURANCE BROKERS, INC.. NO RIGHTS UPON:THE CERTIFICATE HOLIER.THIS CERTIFICATE DOES NOT AMEND, P. 0. BOX 3205 EXTEND OR AL;:.R THE COVERAGE AFFLgDEO BY THE POLICIES BELOW. GARDEN GROVE, Ca,. g:?642 COMPANIES AFFORDING COVERAGE 71, PHOMM S: (714) 534-6310 (714) 7 51—3 39.0 COMPANY/ 'A. ' t G LETTER PA "' I.OY E 5 INSURANi r CO'MPANY Lc P� COMPANY El / ( LETTER SC.S F dG I�IEE RS J u L! c(1faPANv C - 4014 LONG BEACH BLVD. LETTER LONG BEACH, CA 90807 "Z COYPANv 0 �: ��•LETTER , • (t: C I "4 E.�I;ornoY ,. i:•:;'e 1 i COMPANY LEITER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE:INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEC. NOTWITHS'i ANDING ANY REQUIREMENT,TERN OR CONDITIGN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE M'.Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEUECT TO ALL THE TERMS, EXCLUSIONS, AND CC:401• TIONS OF SUCH POLICIES. CO - �a"T eMcf%j �1,*., E�Y�:�nh LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER :•t .v4!TX?^f;, [Ali,vN'DG�,,. EEC+• AGGPEGATE G�.CuPQEvCC. GENERAL LIABILITY ©ODD C0lAPPEHEJliSN'[ FORM INJURY PREMISESJOPEF+ADONS PRO?EPT`r W,DE PGPOU'Q ! DAMAGE C, £AS'tCSKJ`I L COLL>'v''SE N�:RD CO!iTPACTUA: i C 3 Po 5 S oua•iE.a 11,0RKNDEIJ i C!iTP�Cr(}tS BRO�J FO:,�a Fhti'E.AT'i D-lJl�tz£ } PEnS?iA: t!iJ'unt j f aEF350NAL INJURY AUTOMOBILE LIABILII Y is i ALL O',ti.".J AUT,`rS�F��1 pi.`iS'� I } _ i rck;vEcasY I a�u�.,� `.ait?r,sk �Llro; S _ G=RrC,k L(*-.IT+ } S EXCESS LIABILITY i ttf!iih.�LL� FU^'d � ��� 5 �• �S _.. I A HCRKERS' COMPENSATION �•f ;� I ;:'. `) 1 I ti; f!I f ~ I ,�017t'� a.:;:CE',r AND + S + EMPLOYERS' LIABILITY l 1 ^s z ,7f)(�.`,ISE PO:'Cv Lt►.•�il OTHER I 1 ; I t)ESCFf :tp!t OF OPERAlip`iriL*JCATtO+sS"JEf+r�LESSPE:CSAL IT, r; J01i S ITi� : t!t.'';f I':+";'Clli' I11::1Ct� , t'r1 CITY OF HUNTI NGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATIP i DATE THEREOF, THE ISSUING COMPANY +,PILL:f:RsStR�.4Q{�{.QE;Z CITY CLERK MAR, PSI DAYS'WTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: CONNIE, BROCKi AY t�FT}:TCKxlC}�t�ll!*UCJtstEOEEtW[7CE;3TS:ixuhCi9E�tK= XTE^.IFt�Ri.�G!{a[]?.*Ix 2Q�0 IMIN STMET, P.O. 90K 190 aexx�xrx axacclac x�cxr� -la;xT�sx xtc�►�v E:x 11UN'TINGTON BEACII , 0% 92(48 AUTHORIZED REPRESENTATIVE � 1,Eljltdp J. HENT)HE L.Y �•51)A./cI; all City of Huntin„'±....ch .. TO / Insurance&Benefits Division P.O:Box 190 CITY'OF HUNTINGTON BEACH, CALIFORNIA City Ano►r ey Huntington Beach,`CA 97.648 " IMC A MUIPAL CORFORATION il.1r This into certify that the policies of Insurance as described below havc been issued'to the insured b ersi nod and are in f . PEA avor at this time. If those policies are cant,0led or changed in.such a manne ate the i surance company sr that will affect this certi 4 to give 3 days li ior'wrltten notice,by mail, to City of Huntingtoii Beach, Insurance and Benefi DiVis n Pi Box 190, Huntington Beach, Califrrnia 92048. Name of Insured SCS E N G I N E E R S Address of Insured 4014 LONG BEACH BLVD, LONG BEACH , CALIFORMA 90807 ,_ McCal l en Park ReiieVelopment Si to, Hunti nr on St H` " Bch Location of Work or Operations to be performed CA. _ 1 ant b:. ` Hazarwdotis ateri al s i nvesti ati" an ' asses mat " flip la�r�i i Description of Work or Operations .9 (L��.....y.___ S ni. 'o f en Ea.rk. _ POLICY DATES LIMITS OF LIABILITY INamaoflnsurancoCo.& POLICIESIN FORCE POLICY NO. Effective Expiration In Thousands i0C0) Self Insured Rotation or P Deductible. rr....�..r. .GENERAL LIABILITY ,a IXI COMPREHENSIVE FORM 1,000 000. National Union FIre [XI PREMISES OPERATIONS EGA540- $ CSL Insurance Company 2961RA 4/7/87 4/7/88 E.;h Occurence EXPLOSION AND COLLAPSE HAZARD I 1 UNDERGROUND HAZARD IXI PRODUCTS COMPLETED OPERATIONS HAZARD (XI CONTRACTUAL-INSURANCE r! BROAD FORM PROPERTY DAMAGE IXI INDEPENDENT CONTRACTORS [ I PROFESSIONAL-LIABILITY/ E%RORS&OMISSIONS <.-v'��AkS'S:.z x4 r.:.. ?'fit:.. 'i�`a• AUTOMOBILE LIABILITY [XI COMPR&ENSIVE FORM D16008564 4/1/87 4/1/88 $11000,000. CSL Cigna Insurance ' I I OWNED S --CSL Company Each Occurence I l HIRED I 1 NON-OWNED EXCESS LlAB1LITY I 1 UMBRELLA FORM s I 1 OTHER INSURANCE COVERAGE WORKERS'CO►,ei•ENSATION AND Waiver of subrogation from Workers'Compensation Insurer. Additional Insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows (excluding worker's comp.) The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boa!ds and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach,when acting as such are additional insureds hereunder. Such insurance is primary and not excess or contributing to any, other insurance of the City of Huntington Beach.As respects liability cov rap n n�.Qnly aaSS re, ects.work ❑er orIT 3 v ma d IncurPd ' r�Th C'i H nt'n } This cartr 'cate rs cussed as ii matter o�in ormation.This cert�fiwte is noun ins�anfe lic�and�oes�o Ar�eld;���n�br alter the coverage afforded by the policies listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this cartificate of insurance may be issued or ma►pertain,the insurance afforded by the policies described herein is suh;ect to all the terms, exclusions and conditions of such policies. PHD: INSURANCE BROKERS, INC. NATIONAL UNION FIRE INS. CC. / CIGNS INS. CO. Apancy or Brokerage Insurance Company 12966 EUCLID, #500t GARDEN GROVE, CA. rasaHome roe l Nartte of Person to be Contacted Authorised Signature �l,i Date (714) 534-6310 r j NOTE:Authorised signature may be the agents if agent has placed insurance Telephone number through an agency agreement with the insurer. If Insurance is brokered, authorlsed signature must be that of an official of the insuranc-i company. SEE REVERSE SIDE FOR HOLD HARMLESS AGREEMENT ti ' _ - `•mot The City ou untington each requires by ordinance that a Certificate of Insurance be on file with us for the issuance of a permit or license;and that it be kept current for as long as that permit or license is in force. The certificate.you now,have on file with the City,will expire on the data shown on bottiim of retailing label. Please have your agent submit an updated Certificate of Insurance, an'this form prior,to this expiration date. Failure to comply may result in the cancellation of your permit ar license arid closing down of your operation or event. This is the only notice of cancellation you will receive from ...,.� the City of Hun*tington Beach. THE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL NAMED INSURED. rill Certificates o; Insurance should'be mailed to`the lnsurance and Benefits Office, City of Huntington Beach, P. O. Box 160, Hunt ing• :. ton Beach, California 92648. If you have any questions, please call this office at 536-5990. DEFENSE, INDEMNIFICATION AND'HOLD HARMLESS�AGREEMENT ,,:,," t A•.: ,... r. p. ... - ...I, /-+r:�'1�^C` 7aR"3. ,The unaersignrd'�Ins tred;Contractor, a Sole Proprietor/General Partnership/California Limited Partnership/Cai�forWi orporation/ oth r3✓rRC�^r% ('P+��R�ATro^? ' „r(you must circle the appropriate choice or fill in the blank) hereby agrees to defarid, indemnify and hold harmless the City'of Huntington'Beach,`its officers, emploYees and servarits`(hereinafter collectively referred to as City)'from"any and al loss,damage, cost, expense, liau�ility,Uclaims; demands or judgments arising directly or indirectly'out of the work, pro ject, `event or ather'pur`pose'for which the accornpatiymg certificate of insurance is provided; regardless of the active:or.pasiive natare of'am,� negligence liy„City except when 'iuch'liabflity:arises from the sofa,negligence or.wrongful misconduct of Ahe City. This agreement extsnii:;to-;c`ovsr the:actions,and.omissions.of,third parties as well as those of,the Insured Contractor lindemnitor) And the City_'(tndeninitees) The legal defense required by this agreement shall be provided upon request by the'City and at the sole expanse"of the Insured"Contractor."Any costs of defense;br attorneys' fees incurred by City in enforcing this agreement shall be reimbursed"to city or r say be awarded to' Ity by a court of competent juris"diction. DAVID.E. ROSS SIGNED: By: r -- Title: VICE PRESIDE By: Title: (C.Gf's L7,51 raia+►i. 7 - ,r'"�trhar. ••; '_ e ,y - (f;a Corporat�an, TWO OFFICERS 'must sign; art in the alternative, present satisfactory evidence of your authority to bind your Corporation. P10 6/86 • CITY OF HUNTINGTON BEACH Insurance & Benefits Division '4 P.O. Box 190 �,..i•��,w��.�« Huntington Beach, CA 92648 S1►a13N�N. , VN CONSULTANT AGREEMENT BETWEEN THE CITY 0:_4' HUNTINGTON BEACH AND SCS ENGINEERS FOR CONSULTING SERVICES THIS AGREEMENT, made and entered into this sue' day of 1987 , by and between the CITY OF HUNTINGTON BEACH , a municipal corporation of the State of California , herein- after referred to . as "CITY , " and SCS Engineers , authorized to do business in California , hereinafter referred to as "CONSULTANT . " WHEREAS , CITY desires to engage the services of a consultant to prepare a report for preliminary hydrogeological and site assessment for hazardous waste at McCallen Park , Huntington Beach . CONSULTANT has been selected to perform said servicesr NOW, THEREFORE , it is agreed by CITY and CONSULTANT as follows : 1 . PURPOSE CITY hereby contracts with CONSULTANT to provide assistance to CITY in addressing specific questions as set forth in Exhibit "A" which is dated April 4 , 1987 , and entitled "Proposal for Preliminary Hydrogeologic«l and Site Assessment at McCallen Park" hereinafter referred to as Exhibit "A" and incorporated herein by this reference . 2 . SCOPE OF WORK CONSULTANT will provide the services to be rendered as set forth in Exhibit "A, " workplan for addressing specific issues relating to hazardous waste investigation . The elements of this work plan are as follows : 1 . 1 . Brief site history . 2 . Project setting . 3 . Regional/local . geologic. setting , 4 . Site map with proposed location of borings . 5 . Sampling and analysis plan . 3 . GOST:, FEE, AND PRICE CITY agrees to pay CONSULTANT consideration for its services as described herein . The maximum price , to be paid by CITY to CONSULTANT, shall not exceed Fifteen Thousand Six Hundred and Ninety dollars ( $15 , 690 ) . 4 .. TIME PERIOD The term of this Agreement shall be for trree ( 3 ) months . CONSULTANT shall complete and submit all work products to CITY in accordance with the schedule set forth in Exhibit "A. " 5 . INVOICES CONSULTANT shall submit an invoice monthly in duplicate to CITY . CONSULTANT shall be compensated for the services of those personnel employed as required in the performance of the Agreement on the basis of standard billing rates of said personnel for the time such personnel are utilized in connection with the work necessary to fulfill the terms of this Agreement . 6 . PAYMENT Payments by CITY shall be made monthly after the service has been provided . CITY shall pay in accordance with the work on the project actually completed, as certified and billed by 2 . r CONSULTANT in his invoice . Payments for services performed directly by CONSULTANT shall be by voucher or check payable to and mailed first class to: SCE ENGINEERS 4014 Long Beach Blvd . Long Beach, CA 90807-2687 7 . TRANSFER OF TITLE TO EQUIPMENT Equipment and supplies purchased by CONSULTANT as a direct charge item in connection with the performance of this Agreement shall . become the property of CITY upon payment of invoice for that equipment and supplies submitted by CONSULTANT. 80 INSPECTION CONSULTANT shall permit the authorized representatives of CITY to inspect and audit all data and records of CONSULTANT relating to performance under this Agreement for a period of three ( 3 ) years following final payment for services rendered . 9 . TERMINATION If , through any cause within its control , CONSULTANT shall fail to fulfill, in a timely and proper manner , its obligations under this Agreement , or if CONSULTANT violates any of the terms or stipulations of the Agreement , CITY will notify CONSULTANT in writing of the deficiency . IF deficiency is not removed within two ( 2 ) weeks , CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and to specify the effective date thereof, at ?.east five ( 5 ) days before the effective date of such termina- Lion . In that event , copies of all finished or unfinished 3 . '-documents , reports, and other materials prepared by CONSULTANT under this. Agreement shall , at the option of CITY, be made available to CITY , and CONSULTANT shall be entitled to receive compensation for all .appropriate labor and materials costs -incurred prior to termination date . Notwithstanding the above, CONSULTANT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of Agreement by CONSULTANT, and CITY may withhold any payment to CONSULTANT for the purpose of set off until such time as the exact amount of damage due to CITY from CONSULTANT is determined . The maximum amount of such damages shall not exceed the total amount of this Agreement . CITY shall be liable for all costs and a prorate of the fixed fee incurred prior to the stopwork period and for restart . CONSULTANT shall make all reasonable efforts to minimize costs to CITY . CONSULTANT has the same rights of termination as CITY . 10 . CHANGES , In the event CITY orders changes from the list of work shown in Exhibit "A, " or for ocher causes orders additional CON- SULTANT work not contemplated hereunder , additional compensation shall be allowed for such extra work . CITY shall promptly notify CONSULTANT in writing by change order of all changes in scope. Change orders shall specify a cost limit . All change orders shall be mutually agreed to by both CITY and CONSULTANT . 4 . 11 . INFORMATION AND DOCUMENTS All information, data , reports , records , charts , survey results as are existing and available for carrying out the work as outlined in Exhibit "A" "hereof shall be furnished to CONSULTANT without charge by CITY and CITY shall cooperate in every way possible in the carrying out of the work without delay . All reports , manuals , etc . , produced by CONSULTANT relaying tr. the project shall be owned by CITY . CONSULTANT may retain any: use internal copies of all working papers and project products . 12 . MANAGEMENT During the term of this Agreement , CONSULTANT shall provide sufficient executive and administrative personnel as shall be necessary and required to perform its duties and obligations under the terms hereof . Mr . Kenneth V. uaConde, Vice President will be in direct charge of the project and shall supervise and direct the project . Any change in the management of this Agreement by Mr . LaConde shall be approved by CITY in writing . 13 . MATERIALS RETAINED CONSULTANT shall retain project-related materials and worksheets for a minimum of three ( 3 ) years after the delivery of the final product . Said materials and reports shall be available on request to CITY . 14 . KEY PERSONNEL Key personnel identified as the project team shall be assigned to this work and shall not be replaced by any other . persons without the written approv-;1 of CITY . 5 . '15 . INDEMNIFICATION, DEFENSES HOLD HARMLESS CONTRACTOR hereby agrees to defend, indemnify and hold harmless CITY , its officers 'and employees from and against any and all liability, 'damages , costs , losses , claims and expenses , however caused, arising from CONTRACTOR 'S negligence or willful misconduct in the performance of this Agreement . Any concurrent negligence or willful misconduct of CITY , its officers and employees shall in no way diminish CONTRACTOR ' S obligations hereunder . 16 . WORKERS ' COMPENSATION CONSULTANT shall comply wii:h all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims , demands , payments , suits , actions , proceedings and judgments of every nature and description, including attorney ' s fees and costs prti:sented , brought or recovered against CITY , for on account of any liability under any of said acts which may be incurred .by reason of any work to be performed by CONSULTANT under this Agreement . 6 . 17 . INSURANCES In. addition to the Workers ' Compensation Insurance and CONSULTANT ' s covenant to indemnify CITY , CONSULTANT shall acquire and maintain in force , until the completion of the project and acceptance of all work by CITY , a policy of general liability insurance in which CITY is named as an additional insured . Said policy shall indemnify CITY , its officers and Employees , while acting within the scope of their duties , against any and all claims arising out of or in connection with the project , and shall provide coverage in not less than the following amounts : Combined single limit bodily injury or property damage of $1 , 000 , 000 . 00 , per occurrence . Since policy of insurance shall specifically provide that any other insuL _:,,nce coverage which may be applicable to the project shall be deemed excess coverage and CONSULTANT ' s insurance ,all be primary . A certificate of insurance providing the current existence of said policy shall be delivered to the City Attorney prior to the commencement of any work here:;nder . All insurance and evidence thereof shall be subject to approval by the City Attorney in writing . The certificate of insurance and the policy of insurance or endorsements thereof shall provide that any such policy shall not be cancelled or modified without thirty ( 30 ). days ' prior written notice to CITY . 18 . NOU-DISCRIMINATION in connection with the execution of this Agreement , CONSULTANT shall not discriminate against any employee or 7 . applicant for employment because of race, religion , color , sex , 'age, or national origin . CONSULTANT shall take .affirmative action to insure that applicants are employed , and that employees are treated during their employment without regard to their race, religion , color , sex , age, or national origin . Such actions shall include , but not be limited to the following : employment , upgrading , demotion , or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation , and selection for training , including apprenticeship . 19 . SUBCONTRACTS CONSULTANT shall not subcontract any portion of the work required by this Agreement without prior written approval of CITY . 20 . PROHIBITED INTEREST No member , officer , or employee of CITY during his/her tenure or one year thereafter , shall have any interest , direct or indirect , in this Agreement or t::e proceeds thereof . 21 . NOTICES All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof by registered or certified mail , return receipt requested , and postage paid to the persons named below: TO CITY : TO CONSULTANT : Paul E . Cook , Kenneth V. LaConde Department of Public Works Vice President HUNTINGTON BEACH SCS ENGINEERS 2000 Main Street 4014 Long. Beach Blvd . Huntington Beach, CA 92648 Long Beach , CA 90807-2687 8 . 22 . -SUCCESSION This Agreement shall be binding on an inure .to the benefit of the heirs, execuLors , administrators , and assigns 'of the parties hereto . 23 . HEADINGS The headings or titles to paragraphs of this Agreement are not part of the Agreement and shall have no effect on the construction or interpretation of any part of this Agreement . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized office.:s , the day, month and year first above written . CONSULTANT : CITY : SCS ENGINEERS City of Huntington Beach By G Kenneth V. LaCo de Da id Ross May ATTEST: APPROVED AS TO FORM : L� City Clerk City Attorney (� �. .�.1 REVICWEn A APPROVED: INITIATED AND APPROVED : •r �f Cir min strator Director of Public Works 2939E 4/2D/87 9 . f ROBERTP.STEARNS PE SMENGINEERS ET.CONRAD,PE STEARNS.CONRAD AND SCHWOf CONSULTING ENGINEERS,INC. Terrill J Chang.PE Miles J.Haven 4014 LONG BEACH BOULEVARD Michael W.McLaughl,n LONG BEACH,CALIFORNIA 9M?.2681 Gary L.Mitchell,PE (213)426.9544 Dean A.R+Ches+n,CEG David E.Ross,PE Knshan K Saigal,PE „W = William L,Schubert March:''2 5 , 19 8.7. James J.Walsh,PE 'File No. 118486 `Mr. Les Evans City Engineer ",c,fty of Huntington -Beach `2000 Main Street P.O. Box ,190 Huntington Beach, California 92648 s: Subject: Proposal for Hazardous Waste Investigation at McCallen Park , Huntington Beach Dear Mr . Evans : 'SCS :Engineers is 'pleased to submit a proposal for the referenced site . Prior -to the ,pre�aration of this submittal, I met with Mr . Lee Gjetle'y `of the Orange County Health Care Agency. Since this '`department: will be the ultimate reviewer of any environmental work performed at the McCallen site, it seemed appropriate to determine what ' they. would require prior to actual field work . Mr . Gjetley outlined the following needs : • Obtain good history of site to understand what types of activities have occurred in the past . Additionally, from regional sources, determine depth to first groundwater acid quality (usableness) of same . • Conduct site assessment to determine lateral and vertical extent of contamination. Analytical parameters must include EPA 8010 , total recoverable petroleum hydro- carbons (TRPH) , arsenic, barium, chromium, lead, and soil pH. Initial investigation can be of . soils only. Number and 'depth of borings is left to the discretion of the proposer and to the degree of information required. • Once. study is completed, submit report to their department for review. Further conversations with Mr . Gjetley suggested that severe remedial action might not be necessary even if some measurable level of contaminants were to ,be detected. For example, if the `pr nci'pal contaminants detected are oily residues, we may be able `to demonstrate that no harm will 'come either to the environment or. park users simply by allowing the materials to remain. in place. I While:. a solution such as this. cannot be guaranteed, it is a hopeful target, especially if the wastes prove to be residuals of past 'oil exploration activities. OFFICES IN FIESTON.VIRGINIA•LOHO BEACH.CALIFORNIA.DUBLIN.CALIFORNIA•BELLEVUE.WASHING MN•COVINGTON,KENTUCKY .y. Mr:. -Les Evans March 27 , '1987 Page Two Add�.ti'onally, . please, mote that our proposal contains plans for converting the; exp3oratory soil borings into vapor _monitori,ng wells . our experiences on similar 'sites ,sugges't that in many cases, the presence ;of methane is.. often detected due to the natural degradation of 'oily residues . SCS Eng�neers, is a full service environmental engineering company serving both local and national clients for the past 17 'years . We' have our _ own California State Certified Laboratory to assist in 'the :analytical effort. In addition, we have available geological staff to initiate work in this project at your earliest convenience. Please call if you have any questions regarding this document . . The 'Prices contained in the cost proposal are good for 90 days . Very tr 1 /yours , ' K6nneE V..,: aconde Vice President 'SCS ENGINEERS KVL: 1ms Enclosure cc: David Ross Tom Wright SCS ENGINEERS PROPOSAL FOR PRELIMINARY HYDROGEPLOGICAL AND SITE ASSESSMENT AT MCCALLEN PARK HUNTINGTON BEACH Grading work on the McCalle-n Park 5-acre site was, recently stopped when unknown oily, residues were encountered. Several grab samples were analyzed for benzene , toluene, xy,le'ne ( BTX) and total recoverable petroleum hydrocarbons (TRPH) . While no regulatory action levels exist for BTX. soil concentrations , typically TRPH levels in excess of 1 , 000 mg/kg (parts per million) are cause for concern and .their extent and/or origin 'must be investigated . To perform this project , we have identi- fied the following series of tasks : Task 1 - Obtain Background Data . Task 2 - Prepare Work Plan. Task 3 -- Conduct Field Study. Task 4 - Prepare Report . A more detailed explanation of each Task is contained in the following narrative . TASK 1 - OBTAIN BACKGROUND DATA As a beginning step, it is necessary to better understand what activities transpired on the subject site over the, past 50 or 60 years . Obviously, a comprehensive historical study is not necessary; rather a cursory review of city information, aerial photographs , etc. will be helpful in understanding how the site may have been impacted by oil drilling explorations or other industrial activities . Note that our estimate includes costs for an initial project meeting with Huntington Beach personnel to discuss the various activities , schedule of events , etc . TASK 2 - PREPARE WORK PLAN Prior to initiation of field site activities , the Orange County Health Care Agency has requested that they review a copy of the work plan . We feel that this is a very important step, ( havi'ng worked with other similar regulatory agencies - City of Torrance Redevel.opme;it Agency, Orange County Health Care Agency, Regional Water Quality Control Boards , etc. ) since this agency will eventually decide whether the study was performed sufficiently in 'detail to satisfy their requirements . The elements of this Work Plan areas follows : 1 . Brief site history. 2 . Project setting . 3 . Regional/local geologic setting . 4 . Site map with proposed location of borings . 5 . Sampling and analysis plan. t SCS ENGINEERS r Upon 't_ heir review and -approval of this plan, field site activities can be initiated . TASK 3 - CONDUCT FIELD STUDY The field study program will include the placement of 5 exploratory soil borings to an approximate total dPoth of 20 feet . The actual depth of each boring is 'dependent upon field cd ti"ons , 'dep"th to first groundwater , etc. Soil borings will . be terminated whe'n 'groundwater is encountered if less than 20 feet in 'any boring . The 'boriigs will be drilled with a hollow atem auger ; samples will .be taken at depths of 2., 51 10 , 15; and 20 feet . ., using a modified California drive sampler . Three samples from each boring will be analyzed for EPA bolo , TRPH, As, , Ba , Cr , Pb, and soil 'p' H. The 4th and 5th samples will be archived for latter analysis , if needed. Each of the soil borings , rather than being abandoned, will be- converted to a . vapor monitoring hole containing a single gas probe extending between. 10-15 feet below grade . The probes will be allowed to equilibrate for several days and will then be tested with 'a field gas scope capable of reading to 0 . 1 percent of the I:ower Explosive Level (LEL) of methane ( the LEL of methane is 5. percent in air , by volume) . It positive readings above 25 percent LEL are detected, at least 2 samples will be brought to the SCS Lab for further speciation. ( Note that the costs for these latter tests are shown as an optional item. ) All field activities will be conducted under the supervision of a State Certified Engineering Geologist . TASK 4 - PREPARE REPORT This task entails assembling all of the pertinent data into a draft : report -for review by the City of Huntington Beach and the Orange County Health Care Agency. Included in this report will be our tentative recommendations for future site work , if any, and possible remedial action steps . This proposal does not contain any costs for remedial action steps since those are unknown at this time . SCS ENGINEERS COST PROPOSAL - McCALLEN PARK r' TASK 1 - OBTAIN BACKGROUND DATA :Search available literature and attendance at initial project meeting. Project Director 4 hrs @ $84/hr = $ 336 Staff Geologist 15 hrs @ $45/hr = 675 Miscellaneous = 150 Subtotal : $ 1 , 161 TASK 2 - PREPARE WORK PLAN Project Director 4 hrs @ $84/hr = $ 336 Staff Geologist 24 hrs @ $45/hr = 1 , 080 Secretarial 6 hrs @ $26/hr = 15.6 Miscellaneous 150 Subtotal : $ 1 ,722 TASK 3 - CONDUCT FIELD STUDIES A. Drilling - Drilling $ 1 ,750 - On-Site Geologist 11000 Technician 1 , 080 - Supplies 11000 Subtotal : $ 4 , 830 B. Analytical - Soils - 15 soil samples @ $277 ea . $ 4 , 155 -- Gas (optional) - 2 gas samples for speciation @ $300 ea . 600 Subtotal: $ 41755 C. Field Coordination/Management Project Director 2 hrs @ $84/hr $165 Project .Manager 8 hrs @ $68/hr 544 Subtotal: $712 Total Task 3 $ 9 , 697 With Optional 'Lab 600 (Optional) $10, 2971 ; kS ENGINEERS TASK 4 - PREPARE REPORT Project Director, 6 hrs @, $84/hr $ 5r0,4 Project Manager 8 hrs @ 68/hr 544 Staff Geologist 24 ' hrs @ 45/hr 1 ,080 Drafting 'f6 hrs @. $29/hr. 1114 Secretarial 8 °hrs @ 26/hr 208 Subtotal $ 2 , 510 Cost in Task 4 `assume 1 end of Project Meeting Estimated Total 'Cost $15490 With Optional Lab 15 , 690 *N ; . rY y !v t .fr�.y r.,,Y .,.f,;,, ., ;� •S''F{yi�,{+f./�wf .i'1lWi^V�i 'ph�t�lr,«� - ,., .rry ' ,. ,„'a.. ..,.J� >y.' .'ci •%t.,YtXr �'WF.f'L;° :�.';T'ti A,1`'i.it��,�i j . +".�.��rf 1' ,.,(.. .•t��y`�GD4�:4:`��1f�� +:'t�T. ''.(t� . t�.1�,Z r�yli' ' .�y.'.¢:.I',r ;'y1 , .T r .'�'�(, �ts. '.'J, •,h .,tom •7 r'. 7 i. r}��j�+p•♦e'. 14 f i(7 f� •.,s� '�.� k.r .( �.f.j4 ;,�i,f�.'i „ ♦ ,i�{' _ {�1• i 1 + J7 +� }{ •li, ,Y•', tom' Y. {{ ri,�, t• Y •�.J ca � •�.s.�l• > 1. 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