HomeMy WebLinkAboutWATERSTONE ENVIRONMENTAL, INC. - 2007-09-14�CONTRACTS SUBMITTAL TO t w
CITY CLERK'S OFFICE "Do Pf, 4:09
, E p
To:. ,LOAN FLYNN, City Clerk
Name of Contractor: Waterstone Environmental, Inc. Amendment
No. 1
Purpose of Contract: For Example: Audjt Services or Water Quality Testing Huntington Lake —Huntington Central Park
Preparation of Remedial Action Plan and Health Risk Assessment for Closed Gun Range Site
Amount of Contract: - $31;1.96:00
Copy of contract distributed to: The original insurance certificate/waiver distributed
❑
Initiating Dept. ❑ to Risk Management
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
Aux_'� Date:
Narrie<Extension`
City Attorney's Office
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G:AttyMisc/Contract Forms/City Clerk Transmittal
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AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WATERSTONE ENVIRONMENTAL, INC. FOR
PREPARATION OF REMEDIAL ACTION PLAN AND HEALTH
RISK ASSESSMENT FOR THE CLOSED GUN RANGE SITE
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"City", and WATERSTONE ENVIRONMENTAL, INC., a Delaware corporation, hereinafter
referred to as Consultant.
WHEREAS, City and Consultant are parties to that certain agreement, dated
September 14, 2007, entitled "Agreement Between the City of Huntington Beach and
Waterstone Environmental, Inc. for Preparation of Remedial Action Plan and Health Risk
Assessment for the Closed Gun Range Site" which agreement shall hereinafter be referred to
as the "Original Agreement," and
Since the execution of the Original Agreement, Consultant has requested additional
compensation; and
City and Consultant wish to amend the Original Agreement to reflect the additional
compensation to be paid by City,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. ADDITIONAL 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 the Original
Agreement, an additional sum not to exceed Six Thousand Dollars ($6,000.00). This
additional sum shall be added to the original amount of $31,196.00 for a new total contract
amount of Thirty Seven Thousand One Hundred Ninety Six and no/100).
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
Signatures follow on Page 2
08-1770/25649 1
IN WITNESS WHEREOF, the parties sed this Agreement to be
executed by and through their authorized officers �4=
-Z , 200 0
WATERSTONE ENVIRONMENTAL, INC
By:
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ITVircle ore) Chairm residen ice President
AND
By�
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print name
ITS: (circle one) Secreta /Chief Financial
Officer/Asst. Secretary - Treasurer
08-1770/25649 2
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Director of Planning,�e� V&r e
REVIEWED AND APPROVED:
City Adminigstrator
APPROVED AS TO FORM:
9
City Attorney'
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' AC®R4 CERTIFICATE OF LIABILITY INSURANCE CSR MB
WATER-2
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05 Ol 08
PRODUCER
BOSWELL INS AGENCY (#OA96080)
Agents & Brokers, Inc.
P.O. Box 4648
Mission Viejo CA 92690
Phone: 949-855-0430 Fax : 949-837-5528
THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Waterstone Environmental, Inc.
4409 Daisy Court
Moorpark CA 93021
INSURER A: Hudson Specialty Ins Cc
INSURER S: Golden Eagle Insurance Corp.
INSURERC:
INSURER D:
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.
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MWID
PATE MM/D>XYl
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 2, 000, 000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F;r7 OCCUR
FEC7000087
10/16/07
10/16/08
PREMISES Eaoccuranca)
$ 50 000
MED EXP (Any one person)
$ 5 000
PERSONAL &ADV INJURY
$ 2, 000, 000
X Incl Pollution
X
Incl Professional
GENERAL AGGREGATE
$5,000,000
GEML AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 5 , 000 , 000
X POLICY JE O- LOC
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
CBP9841869
05/10/08
05/10/09
(EaMBc1dentSINGLELIMIT
$ 1,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-0WNEDAUTOS
VLLDA
O
pINJURY
(per accident)
$
DAMAGE
(Per accident)
(Pa15 e
$
T��� \�
CiT�
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
ANY AUTO
$
EXCESSIUMBRELLALIABILITY
EACH OCCURRENCE
$$3,000 000
A
X OCCUR CLAIMSMADE
FXS7000088
10/16/07
10/16/08
AGGREGATE
_$$3,0001000
$
$
DEDUCTIBLE
RETENTION $ J$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
TORV LIMITS ER
E.L. EACH ACCIDENT
S
E.L. DISEASE - EA EMPLOYE
$
I describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$
OTHER
B
Misc Tools
CBP9841869
05/10/08
05/10/09
Deduct: $45,000
B
Scheduled Equip
CBP9841869
05/10/08
05/10/09
$500 127,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
*Except 10 days notice will be given for non-payment of premium
CERTIFICATE HOLDER CANCELLATION
INFOR-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EMAIL 30 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
For Information Purposes
IMPOSE NO OBLIGATION OR LIMLITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRES ATIVES.
AUTHORIZE RE ES V
Joe
ACORD 25 (2001108) / j 01ACORD CORPORATION 1988
CITY OF HUNTI TON BEACH P gSvol6u nH1 43
Professional Service Contracts 800Z 1, d3S
Purchasing Certification ;r{u,
Amendment
1. Date Requested: September 10, 2008
2. Contract Number to be Amended: /OZ A100 %a-1'/ 049
3. Department: Planning
4. Requested By: Chris Davis
5. Name of Consultant: Waterstone Environmental Inc
6. Amount of Original/Prior Contract: $31,196
7. Additional Compensation Requested: $6,000
8. Original Commencement Date: September 14, 2007
9. Original Termination Date: September 11, 2010
10. Extended Date Requested: N/A
11. Reason for Contract Amendment:
Additional Soils Sampling needed
12.Are sufficient funds available to fund this contract? Yes ® No ❑
13. Business Unit and Object Code where funds are budgeted:
20945102.69365
JX4. 5;--
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Department Head Signature
OC.OP��
RICHARD AMAD ?1L_ ov
Central Services Manager
•
�, CONTRACTS SUBMITTAL
CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: Waterstone Environmental, Inc.
TO �..
2007 SEP 21 AN 10* 56
:�r h
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Preparation of Remedial Action Plan and Health Risk
Amount of Contract: $31,196.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
❑
Initiating Dept. ❑ to Risk Management
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
Date: e5 L-z,6 1/0 —7
Nanne/Extergion
City Attorney's Office
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Watprstonp Environmental., Inc -
FOR
Preparation of Remedial Action Plan and Health Risk
Assessment for the Closed Gun Range Site
THIS AGREEMENT ("Agreement") is made and entered into this 1 4th day of
September 20 07, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
Waterstone Environmental Inc. , a Delaware Corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
prepare a Remedial Action Plan and Health Risk ;and
Assessment for the Closed Gun Range bite
i Pursuant to documentation on file n 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 Nancy Beresky who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profsery 10/ 15/01-A I
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on September 11, 2010, unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than 36 months
from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
thirty one thousand one hundred ninety—st)ollars ($ 31,196.00 ).
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 such work only after receiving written authorization from CITY. Additional
agree/forms/profsery 10/15/01-A 2
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 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
agree/forms/profsery 10/ 15101-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/forms/profsery 10/ 15/01-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
1 I . INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profsery 10/15/01-A 5
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.
agree/forms/profsery 10/15/04 -A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Christopher S Davis
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Nancy Beresky
Waterstone Environmental, Inc.
Anaheim. CA 92806
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agree/forms/profservl0/15/01-A 7
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 future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/forms/profservl0/15/01-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
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,
agree/forms/profsery 10/ 15/01-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/ 15101-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
CITY OF HUNTINGTON BEACH,
a municipal corporat' n of the State of California
2ci�6 C. Cwo o St r 4wc,.6,,, (�A 9tz?o(o
-- efCce V'.6aqA Director of
By' J 3 '"^ (Pursuant To HBMC §3.03.100)
print name
ITS: (circle one) Chairm widen ice President APPROVED AS TO FORM:
AND
By:
print name
ITS: (circle one) Secretary/ of Financial Offi /Asst.
Secretary — Treasurer
agree/forms/profsery 10/15/01 -A I I
1V 20 a"7
City f Attorney '1 [ I 0,01
REVIEWED AND/APPROVED:
ity�ministrator
(only for contrac $50, 000.00 and over)
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Prepare a Remedial Action Plan and Health Risk Assessment for the Closed Gun Range
Site
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. See Attached Scope of Work
2.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Consultant will function as extension of staff
2. The City of Huntington Beach Planning Department will be the lead agency for
the project.
D. WORK PROGRAM/PROJECT SCHEDULE:
See attached schedule
jmp/contracts group/exA/8/29/07
SCOPE OF SERVICES
The following discussion provides a technical work statement for each of the 8 tasks the
City has identified in the RFP (Section III Scope of Services, p. 3 and p. 4. Proposed
costs are listed at the beginning of each task with detailed line itemizations included in
Attachment A. Please note that we have proposed costs for many of these tasks on a
Fixed Fee basis to assist the City in controlling the budget for this project.
Task 1: Preparation of a Remedial Action Plan.
Proposed fixed -fee cost: $8,500 includes deliverable report.
The RAP preparation includes the following components. Please be aware that this
approach can be modified based on meetings with or comments from the applicable
oversight agencies:
1) RAP/HRA Executive Summary
a) Discuss general overview of the contents of the RAP/HIZA
b) Describes response action objective to be "to reduce or eliminate contaminants of
concern so that the Site may be reused for relocation of an existing privately -
owned recycling operation."
c) Describes HRA procedure and proposed cleanup
d) Summarizes recommended response action and cleanup level.
2) Site Characterization
a) Provide site description/location, operational history, and geology/hydrogeology.
b) Indicate whether previous response actions have occurred.
c) Define source and nature of contamination. Summarize previous investigations
performed by Hart Crowser and others.
d) Summarize data collected by Waterstone (if allowed based on litigation results).
Waterston data to be used to determine approximate extent/volume of
contamination and determine waste classification.
e) Perform preliminary risk evaluation by comparing data to California Human
Health Screening Levels (CHHSLs - human health based levels).
f) Evaluate risk evaluation of groundwater or surface water as necessary.
3) Identification of Response Action Objectives
a) Determine scope of response action by identifying the areas to be addressed.
b) Objective of response action is to minimize or eliminate the potential for
environmental transport of contaminants.
c) Provide a schedule for implementation of the response action.
d) Describe cleanup levels based on HRA
i) HRA Procedures
ii) Chemicals of Concern
iii) Exposure Pathways
iv) Areas of Uncertainty
4) Identification and Analysis of Response Action Alternatives
a) Possible response actions to be considered are no action, institutional controls,
protective cap/cover, onsite treatment and/or minimization, recycling, and
excavation and disposal.
b) Perform initial screening of possible response action using the criteria of
effectiveness, implementability, and cost.
S) Comparative Analysis of Response Action Alternatives
a) Perform comparative analysis of response actions surviving the initial screening,
using same criteria as initial screening.
6) Recommended Response Action Alternative
a) Select recommended response action and provide rationale.
7) Remedial Action Implementation (Workplan)
a) Provide discussion of prefield activities, such as health and safety plan
development; access agreements, and permitting.
b) Identify work zones, site security considerations, equipment and material staging
areas, and monitoring activities.
c) Describe selected response action field implementation. For example, limits and
depths of excavation, equipment decontamination procedures, haul routes, staging
areas, etc.
d) Provide confirmation sampling plan, if response action includes contaminant
removal.
e) Provide QA/QC protocols.
Task 2: Preparation of a Health Risk Assessment (HRA)
Proposed fixed -fee cost: $6,000 includes deliverable report
To meet all technical requirements. The components of the HRA include the following
research tasks:
• Data Evaluation and Chemical Selection
• Exposure Assessment
• Exposure Pathways and Exposed Populations
• Dose -Response Assessment
• Risk Characterization
• Uncertainties and Conservative Assumptions
4
Task 3: Agency meetings required to receive RAP approval.
$750 per meeting
The cost proposed is a per meeting fixed -fee cost. This is a flat fee per meeting;
professional hourly rates are provided in Attachment A for your information only.
If all three meetings suggested in Section 3.4 of the RFP are convened a total cost of
$2250 will be incurred (3 meetings should be more than sufficient).
No mileage or vehicle use will be charged. All preparation time and travel time are
included.
Task 4: Attendance at project meetings with staff and EIR consultant.
$750 per offsite meeting
The cost proposed is a per meeting fixed -fee cost. This is a flat fee per meeting;
professional hourly rates are provided in Attachment A for your information only.
If the 2 meetings suggested in Section 3.4 of the RFP are convened a total cost of $1500
will be incurred (2 meetings should be sufficient).
No mileage or vehicle use will be charged. All preparation time and travel time are
included.
Task 5: Preparation of all graphic exhibits and handouts necessary for meetings,
study sessions and public hearings.
Proposed cost: $200 per meeting.
It is assumed that some meetings will require little effort and others considerable effort.
A fixed fee of $200 per meeting will be used as an average to cover these costs.
Task 6: Address all comments
Proposed cost: $3000
This is a NOT TO EXCEED time -and -materials fee of to address comments by all
ap rties.
Task 7: Meet regularly with staff.
$350 per meeting
The cost proposed is a per meeting fixed -fee cost. This is a flat fee per meeting;
professional hourly rates are provided in Attachment A for your information only.
To the extent possible, telephone calls can be used to reduce costs. At client request,
meetings with staff can be held at City or Waterstone offices.
Task 8: Presentations at meetings and public hearings
$750 per meeting where presentation is required (includes preparation) or
$350 per meeting if no presentation is required.
The cost proposed is a per meeting fixed -fee cost. This is a flat fee per meeting;
professional hourly rates are provided in Attachment A for your information only.
This task will be performed by a firm principal or other representative who has
demonstrated ability presenting reports to Committees, Planning Commissions, and City
Councils. Both Jeffrey Dagdigian and Nancy Beresky have addressed these groups
successfully for other clients. Please see resumes in Attachment B.
SCHEDULE
Upon Waterstone's receipt of a signed contract from the City of Huntington Beach
authorizing the work in this proposal, Waterstone can complete the Remedial Action Plan
and Human Health Risk Assessment (RAP/HHRA) 4 weeks following our initial
meeting(s) with:
1. The City of Huntington Beach Planning Department (Client)
2. EIR Consultant
3. Oversight Agency (OCHCA)
Comments from agencies can be addressed in 1— 2 weeks dependent on the amount of
work that may be requested by the agency.
Waterstone requests that the meetings listed above occur as soon as possible after the
contract award so that the scope of the RAP and HH A may be determined.
The proposed schedule is subject to change based on client, EIR consultant, or a eg ncv
needs or delays in providing information to Waterstone needed to complete the RAP and
HHRA.
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 attached rate sheet and cost schedule.
B. Travel
1. Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billin2
1. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
agree/forms/exB-hourly fee/9/14/07 EXHIBIT B I
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Waterstone will submit a separate incoice for fixed -fee and time -and -
materials tasks as identified in the attached cost detail. Fixed fee jobs will be
billed on a percent complete basis without the submittal of backup timesheets
or invoices. Time and materials will include all backup materials.
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
agree/forms/exB-hourly fee/9/14/07 EXHIBIT B 2
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
10. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
agree/forms/exB-hourly fee/9/14/07 EXHIBIT B 3
Hourly Payment
Attachment A
Cost Detail
Remedial Action Plan and Health Risk Assessment
Huntington Beach Gun Range
Task 1. Prepare Remedial Action Plan $8,521
Includes Deliverable Report
Professional Fees
Category
Unit
Rate
Quantity
Subtotal
Managing Partner
hour
$200
2
$400
Principal Hydrogeologist
hour
$180
10
$1,800
Supervising Scientist
hour
$155
20
$3,100
Assistant Geologist
hour
$90
24
$2,160
Drafting/CAD
hour
$70
5
$350
Administrative Assistan
hour
$65
5.9
$384
Subtotal
$8,194
Materials, Travel and Equipment Costs
Unit Rate
Task 2. Prepare Health Risk Assessment
Includes Deliverable Report
Professional Fees
Subtotal
Category
Unit
Rate
Quantity
Subtotal
Managing Partner
hour
$200
1
$200
Principal Toxicologist
hour
$195
12
$2,340
Principal Hydrogeologist
hour
$180
8
$1,440
Assistant Geologist
hour
$90
11
$990
Drafting/CAD
hour
$70
5
$350
Administrative Assistan
hour
$65
7
$455
Subtotal
$5,775
Materials, Travel and Equipment Costs
Unit Rate
Task 3. Agency Meetings for RAP Approva 3 @ $750 per meeting
Professional Fees
Subtotal
Category Unit
Rate
Quantity
Subtotal
Principal Hydrogeologist hour
$180
3
$540
Assistant Geologist hour
$90
1
$90
Drafting/CAD hour
$70
1.3
$91
Subtotal
$721
Materials, Travel and Equipment Costs
Unit
Rate
Subtotal
$6,006
$2,250
Page 1 of 3
Cost Detail
Remedial Action Plan and Health Risk Assessment
Huntington Beach Gun Range
Task 4. Attend Project Meetings (EIR) 2 @ $750 per meeting
Professional Fees
Category
Unit
Rate
Quantity
Subtotal
Principal Hydrogeologist
hour
$180
3
$540
Assistant Geologist
hour
$90
1
$90
Drafting/CAD
hour
$70
1.3
$91
Subtotal
$721
Materials, Travel and Equipment Costs
Unit Rate Quantity Subtotal
Task 5. Prepare Graphics and Handouts for Meetings
per meeting:
Professional Fees
Category Unit
Rate
Quantity
Subtotal
Principal Hydrogeologist hour
$180
0.6
$108
Drafting/CAD hour
$70
1.2
$84
Subtotal
$192
Materials, Travel and Equipment Costs
Category Unit
Rate
Quantity
Subtotal
Communication ChargE fees
4%
$192
$8
Task 6. Respond to Comments
Professional Fees
$1,500
$200
Not to exceed for comments: $3,000
Category Unit Rate Quantity Subtotal
Principal Hydrogeologist hour $180 13.5 $2,430
Drafting/CAD hour $70 6.5 $455
Subtotal $2,885
matenais, i raves ano equipment costs
Unit Rate
Task 7. Attend Staff Meetings
Professional Fees
Subtotal
per meeting: $350
Category Unit Rate Quantity Subtotal
Principal Hydrogeologist hour $180 1.87 $337
Subtotal $337
Materials, Travel and Equipment Costs
Unit Rate
Page 2 of 3
Cost Detail
Remedial Action Plan and Health Risk Assessment
Huntington Beach Gun Range
Task 8. Present at / Attend Public Meetings and Hearings
A. Presentation Required
Professional Fees
per meeting: $750
Category
Unit
Rate
Quantity
Subtotal
Principal Hydrogeologist
hour
$180
3
$540
Assistant Geologist
hour
$90
1
$90
Drafting/CAD
hour
$70
1.3
$91
Subtotal
$721
Materials, I ravel ana equipment costs
Category
Unit
Rate
Quantity
Subtotal
Communication Charge
fees
4%
$721
$29
Subtotal
$29
B. No Presentation Required
per meeting:
$350
Professional Fees
Category
Unit
Rate
Quantity
Subtotal
Principal Hydrogeologis
hour
$180
1.87
$337
Subtotal
$337
Materials, Travel and Equipment Costs
Category
Unit
Rats
Quantity
Subtotal
Communication Charae
fees
4%
$337
$13
SUMMARY
Task 1. Prepare Remedial Action Plan
Task 2. Prepare Health Risk Assessment
Task 3. Agency Meetings for RAP Approval
Initial Meeting (with graphics)
One Follow Up Meeting (with graphics)
One Final Meeting (with graphics)
Task 4. Attend Project Meetings (EIR)
Initial Meeting (with graphics)
One Follow Up Meeting (with graphics)
Task 5. Prepare Graphics and Handouts for Meetings
9 meetings @$200/mtg
Task 6. Respond to Comments
Not to exceed
Task 7. Attend Staff Meetings 3 meetings @$350 per meeting
Task 8. Present at / Attend Public Meetings and Hearings 4 mtgs. (w/graph.) @ $750/mtg
TOTAL PROJECT PRICING INCLUDES:
3 Meetings with Oversight Agency
2 Meetings with EIR Consultant (Project Meetings)
Response to agency and other parties comments
3 meetings with Staff
4 Presentations at Public Meeting / Hearing
Preparation of Graphics and Handouts for 5 above meetings
$8,521
$6,006
$760
$750
$750
$750
$750
$1,800
$3,000
$1,060
$3,000
Subtotal: $27,127
15% Contingency: $4,069
TOTAL PROJECT PRICING:1 $31,196
Page 3 of 3
09/13/2007 10:13 BOSWELL INSIJRaNCE 4 17144141166
NO.730 D001
COVERAGES
THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMI=D ABOVE FOR THE POLICY PERIOD IND!GAT
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCLIMENT WITH RESPECT TO WHICH THIS CERTIFICATE N
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESORIBED HEREIN 15 SUBJECT TO ALL THE TERM5. EXCLUSIONS AND
POLICIES, AGGREGATE LIM1iS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POUCYFFF�Tn E�''Pt3ii 1 N
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IDTFOR 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP1fkATIOr-
DATE THEREUF, THE: ISSUING INSURER WILL SQWDM0=MAjL 30* DAYS WRITTEN
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For Information Purposes IMPOSE NO OBLIGATION Ok LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
I REPR. TATIVES,
AUTHOR R R E
Joe ' w r.
ACORD 25 (.2041108}
b CORPORATION 198
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: 9/14/2007
2. Department: Planning
3. Requested by: Chris Davis
4. Name of consultant: Waterstone Environment, Inc.
5. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
see attached
6. Amount of the contract: $31,196.00 /
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council?' E Yes ❑ No
9. Company number and object code where funds are budgeted: 20945102.69365
10. Is this contract less than $50,000? ® Yes ❑ No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. 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 contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
see attached
15. Attach proposed scope of work.
exhibit A of contract
16. Attach proposed payment schedule.
Exhibit b of contract
Depa ent riead Signature
0/,,
e
RICWARD AMADRIL
Purchasing and Central Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.
Consultant's List
Gun Range Remedial Action Plan/Health Risk Assessment
Sent: March 16, 2007
Due April 9, 2007
Premier Environmental
3943 Irvine Boulevard, Suite 276
Irvine, CA 92602
(714 389-3624 (949?)
Environ
2010 Main Street, Suite 900
Irvine, CA 92614
949 261-5151
Waterstone Environmental Inc.
2936 East Coronado Street
Anaheim, CA 92806
714 414-1122