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HomeMy WebLinkAboutAdvanced Environmental Concepts, Inc. - Wind-N-Sea Surf Shop - 1995-12-18CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK December 19, 1995 Jonathan L. Buck, President Advanced Environmental Concepts, Inc. 4400 Ashe Road, Suite #206 Bakersfield, CA 93313 CALIFORNIA 92648 The City Council of the City of Huntington Beach at their meeting held December 18, 1995, approved the Contract Between the Redevelopment Agency of the City of Huntington Beach and Advanced Environmental Concepts for Implementation of Correction Plan and Complete Site Remediation. Enclosed is a copy of the agreement for your records. If you have any questions regarding this matter, please call the Office of the City Clerk at (714) 538-5227. Connie Brockway, CMC City Clerk Evelyn Schubert, CMC Deputy City Clerk Enclosure cc: David Biggs, Director of Economic Development Les M. Jones, Director of Public Works gAfo9owvpl9grmt (7 d e p hon r: 7 Z 4-5 36.5227 ) �.0l Council/Agency Meeting Held: to:pproved kl,erred]Continued ❑ Conditionally Approved ❑ Denied L7 City Clerk's Signa ure Council Meeting Date: December 18, 1995 Department ID Number: REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, Executive ctor��-? PREPARED BY: DAVID BIGGS, Director of Economic Develop nt m�p Les M. Jones, Director of Public Works SPI— SUBJECT: WIND AND SEA SURF SHOP SITE Statement of Issue, funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue: Petroleum materials have contaminated the groundwater and capillary fringe beneath the Wind-N-Sea Surf Shop at 520 Pacific Coast Highway. Funding Source: The cost of the contract. including bonds, is a not -to -exceed amount of $114,886. The 1995/1996 fiscal budget does not include a line item for this amount. However, $54,000 is budgeted for this task in fiscal account E-TPA-ED-909-6-10-00 (Main Pier Phase II). Pursuant to an approved Corrective Action Plan, the removal of the petroleum materials may take up to 24 or more months. Therefore, staff is recommending that the Agency authoirze an expenditure of $54,000 this year and direct staff to budget the remaining balance of S60,886 in fiscal year 199611997. In accordance with the Underground Storage Tank Cleanup Program, administered by the California State Water Resources Control Board, the Agency can apply for reimbursement of "eligible" costs associated with the cleanup of the Wind-N-Sea site. Tank removal and remediation expenditures, to date, total $294,740. Of this amount, $176,397 has been approved for reimbursement. Payment from the State, should be received within the next 60 days. Staff will continue to pursue reimbursement for eligible expenditures from the additional $114,886. received within the next 60 days Staff will continue to pursue reimbursement for eligible expenditures from the additional $114,886 Recommended Action Forego the competitive bid process and award a Contract, to Advanced Environmental Concepts at a cost not to exceed $114,886 (Note This action requires at least five affirmative votes) Authorize Chairman and Clerk to execute contract 2 Delete standard Public Works contract provision requiring contractor to provide a one-year Warranty Bond 3 Authorize an expenditure of $54,000 this fiscal year and direct staff to recommend that the remaining balance of $60,886 be budgeted in fiscal year 1996/1997 Alternative Action(s) Deny all recommended actions and forego remediation of contaminated groundwater 2 Deny approval to forego competitive bidding of Corrective Action Plan 3 Approve Recommended Action One and Two but deny funding of project over two years and direct staff to encumber the remaining balance of $60,886 from the forthcoming State reimbursement of $176,397 4 Approve the attached contract with the stipulation that a one year Warranty Bond be required and authorize the Agency to increase, as needed, the project budget and this year's appropriation The forthcoming state reimbursement, of $176,397, will be used to cover the cost of the Warranty Bond At this time, the exact cost of the Warranty Bond is unknown but would exceed $15,000 Analysis In 1971, the Redevelopment Agency acquired the Wind-N-Sea Surf Shop at 520 Pacific Coast Highway Subsequent to obtaining this site, the Agency entered into an agreement for the redevelopment of this property However, the existence of petroleum based materials in the soil and groundwater beneath this site has precluded any redevelopment until the contaminants are remediated The remediation process has been on going In 1991, four underground storage tanks were removed from the site Upon the completion of this task, 26 soil samples were collected for analysis The analyses indicated elevated concentrations of petroleum based materials in the soil and groundwater beneath the Wind-N Sea site On April 15, 1991, the Agency authorized Jones Construction to proceed with an environmental cleanup of the soil This work has been completed In December of 1994, groundwater monitoring wells were installed on the site to evaluate the extent of groundwater 25 RCA 2 12/12/95 6 30 am contamination. Results of this evaluation were used to develop a Corrective Action Plan. Advanced Environmental Concepts, Inc. (a subconsultant for Jones Construction) prepared and submitted this plan to the Orange County Health Care Agency. The plan has been approved by the County, and staff has been directed to proceed with the remediation. Section 614 (Contracts on Public Works) of the City Charter states that Public Works contracts in excess of $25,000 shall be competitively bid. However this section also Includes a provision of foregoing competitive bids, on contracts in excess of $25,000, if it is deemed by Council that the work Is urgent and necessary for the preservation of life, health or property. The groundwater, although not used for drinking or irrigation, below the Wind-N-Sea is contaminated and the Orange County Health Care Agency has directed staff to pursue the Corrective Action Plan prepared by Advanced Environmental Concepts as soon as possible. Because of the time frame necessary to competitively bid this project combined with the fact that Advanced Environmental Concepts actually wrote the corrective plan, Staff believes that this provision will be waived. Therefore, staff recommends that Agency forego the competitive bid process and award a contract to Advanced Environmental Concepts. The cost of this contract, including the Performance and Labor/Material Bonds, will not exceed $114,886. The standard Public Works contract includes a requirement that the contractor provide a one - year Warranty Bond. This bond guarantees the performance of the product for one year after formal acceptance by Council. Warranty Bond costs for remediation work are quite expensive. The cost of a bond for this project will exceed $15,000. Furthermore, the necessity of a bond for this project is questionable. The contractor will be required to initiate the plan, reviewed and conceptually approved by the County. Furthermore, the work will be inspected and monitored on a regular basis. Therefore, it Is unlikely that failure in the plan could be attributed to the contractor. Staff, Including the City Attorney, and Risk Manager, recommend that the Warranty Bond requirement be deleted. Therefore, the appropriate contract between the Agency and Advanced Environmental Concepts, is attached for review and approval. Environmental Status: N/A Attachments(s): PAGE NUMBER 1. Advanced Environmental Concepts Contract 25.RCA -3- 12112195 6:30 am a r�r:rl. CERTIFICATIfOF INSURANCE �•.• CSR DH '�` °A10/1 /995 . ADVAENl PRwaucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND summit Perspectives CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Risk Kgmt S Ins Srvcs, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2500 Venture Oaks Way Ste 320 POLICIES BELOW. Sacramento CA 95933-3287 COMPANIES AFFORDING COVERAGE G. Sue Dituri 915-5E7-8900 `LEER"" A Commerce & Industry COMPANY B Northbrook Property & Casualty P Y Y ETT LETTER I�svaEa COMPANY C California Compensation Co. LErrER P Advanced Environmental COMPANY Concepts Inc. LETTER 4•100 Ashe Road #206 Bakersfield CA 93313 COMPANYLETTER E COVERAGES THIS IS TO CERTIFY THATTHE POLICIES OF IFISURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUITEMENT. 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE ONM,'UO.MIF DATE IMM.flD/YYI LIMITS GENER kL UABIUTY GENERAL AGGREGATE 12,000,000 A X COMMERGALGENERALLIABILITY GLCN3406335 12/21/94 12/21/95 PRODUCTSCDMPlOPAGG. 12.000.000 a CLAIMS MADE OCCUR. PERSONAL 4 ADM. INJURY 1 1, 0 0 0, 0 0 0 OWNER'S& CONTRACTOR'SPROT. EACH OCCURRENCE 11,000,000 FIRE DAMAGE Wry" one fkol 1 50,000 'MED.EXPENSE (Any oMpaean) 1 51000 AUTOMOBILE UABIUTY COMBINED SINGLE 41,0000000 ANY AUTO CA0525057 01/18/95 01/18/96 Umr ALL OWNED AUTOS BODILY INJURY 1 B a SCHEDULED AUTO$ - 01w PIWOON a HIRED AUTOS BODILY INJURY 1 I.0"WNED AUTOS �ocbernl GARAGE LIABILITY _ PROPERTY DAMAGE I EXCESS LIABILITY EACH OCCURRENCE 1 UMBRELLA FORM AGGREGATE 1 CTHER THAN UMBRELLA FORM C WORKER'S COMPENSATION W951104660 01/01/95 01/01/96 A STATUTORY UMTTS ANO - EACH ACCIDENT 1110001000 DISEASE —POLICY LIMIT 11,000,000 EMPLOYERS' LIABIUTY : DISEASE— EACH EMPLOYEE 6110001000 OTHER nPROVED AS TO FOF11:, CAIL HUTTOIT, City Attorney E Ey: Deputy City Attorney Q� DESCRIPTIn N OF OPERATIONSWCATIO N& VEMCLESISPECIAL ITEMS The City of Huntington Beach, its officers and Bnployees are named as an Additional Insured per the attached CG2010 multi (y«..I��IIK.1 Ik-d••>~•N� CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATICN DATE THEREOF, THE ISSUING COMPANY WILL MAIL 3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach LEFT. p Attn: Mr. Donald Noble 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE G. Sue Dituri ACORD 25-S (7190) ACORD CORPORATION 1330 POLICY NUMBER: GLCN3406335 COhLMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under tlx following: CONM ERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE s r` P: agents Name of Person or Organization: City of Huntington Beach, its OflicersAna Employees ' 2000 Main Street Huntington Beach CA 92648 (If no entry appears above. information required to complete this endorsement will be shown in the declarations as applicable to This endorsement) WHO 1S AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only «0th respect to liability arising out of your ongoing operations performed for that in- sured. pPRO= IS TO FOR11: GAIL IMT014 City Attorney peputy city. Attorney. 1z�,Ll�r CG 20 10 10 93 Copyright., Insurance Services Office, Inc.. 1992 f DEC 12 q5 15 3" FR AEC, -A. 805 331 1-71 TO 17143741590 P 01 1 SECUR= IN RANCE COMPANY OF TFORD FARMINGTON, CT APPROVED AS To FORU y PERFORMANCE BOND GAIL BUTTON, OIty Atto rney ` Approval by no Amen= Ion-itc of Aivbncazs u n a Depot E1ty At A I A DacNo A-311 CFebtu7P- ry 1970 Edaioo) l n BOND N TNMER SCG500385 KNOW ALL MEN BY THESE PRESENTS That ADVANCED ENVIRUNMENIAI CONCEPTS, INC_ _ as principal hercuratter Balled Contractor and Security Insnrancc Company of Hsrtlord a corpomhon organtred and existing under the laws of the State of Conntmcut, as Surety hcrcum ter called Surety are held and firmly bound utuo �,...,.,._.� CITY OF HUNTINGTON BEACH as Obligee bereiiandr called Owner in the amount of Q"- IJUN➢RED ELEVEN 1HUUSAND, FIFTY-FIVE & NO/100th&-------- _--- _u _- Dollars (S _---_- --- Ila 055 00---------- ,. for die payment whereof Contractor and Surety bind themselves their hctts executors admaustrators successors and assigns jointly and severally firmly by these presents WHEREAS G�ontractnr has by wr7tten agreement dated 'DECEMBER 11, 1995 entered into a Contract with Owner far IMPLhMhNIAION OF CORRhC11ON A^, 1) COMPLETE SITE REMEDIATION in accordance with drawings and specifications prepared by __. (Here trysctt t ,gar: wit address) wtuen conoaLt L', l,y reterence made a part hereof and is barter reterred to as the Contact NOW 4fi UZFXORE THE CONDITION OF THIS 06l.JGA r1ON is such that, if Contractor sbali promptly and ,afully perform laid Contract, then this obligation shall be null and void orherwi.,e a shall remarry in tuff forte and etfeCL The Surety hereby warvea nonce of any niterauon or extension of tune made by the Owner Whenever Caturacurr ahatl he and declared by Owner to be m detault under the Corn ct. the Owner having pertormed Owner s obligarioas thereunder the Surety may promptly remedy the detault, or shall promptly (1) Complete Elie Contract art accordance with its terms and coa inors or (2) Obtain a bid or bids tot compleang the Contract is accordance with its terms and conditions and upon deremitnation by Surcry of the lowest tesponsible bidder or if the Owner elects upon determination by the OwnNz and the Surety )ointiy or the lowest responsible bidder arrange tar a contract bcrweYn such bidder and t r and uuke available as Work progresses (even though there should be 3 default or a succession of rats under the contract or conu=u of completton arranged under this paragraph) suffiwent funds to pay the + ut-ompletion. less the balance of the coutma price but not exceeding including other casts and damages ericb dic surety may be liable hereunder the amount set rorrh in the first paragraph hereof lice term JwAace of the conauct price " as used 1n this paragraph shall mean the total atom] payable by Owner to Conulcwr under the contract and arty amendments therein less the amount properly paid by Owner to Contractor der this bond must be mstinrted before the expiraeion or two (Z) vears from roe date of which final pav anrract Calls due action shall accrue on this bond to or tar the use at any person, or corporauoa other than the Owner IL hetrx executors admumtrators or successors of the Owner Signed ano ,ed Lhts fare day or 'Det_Qtrke�--� in the present of (Wttaess) ADVANCED ENVIRONMENTAL CONCEPTS_INC �(5E4L.) I?ruictpal - SY � N me Jonathan L Bucl Title President Securtty Lusurance Company of Hartford 1 � � L SY JF ILY Aaormy in -fact) rz tK U CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ADVANCED ENVIRONMENTAL CONCEPTS FOR IMPLEMENTATION OF CORRECTION ACTION PLAN AND COMPLETE SITE REMEDIATION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ADVANCED ENVIRONMENTAL CONCEPTS FOR IMPLEMENTATION OF CORRECTION ACTION PLAN AND COMPLETE SITE REMEDIATION TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 4 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 68 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NOWASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 14 32. ENTIRETY 15 M `.o CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ADVANCED ENVIRONMENTAL CONCEPTS FOR IMPLEMENTATION OF CORRECTION ACTION PLAN AND COMPLETE SITE REMEDIATION THIS AGREEMENT, made and entered into this day of Z-e-4/ , 1995, by and between the Redevelopment Agency of the City of Huntington Beach, a public body, hereinafter referred to as "AGENCY", and ADVANCED ENVIRONMENTAL CONCEPTS, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CONTRACTOR has been selected to perform said services, more fully described as implementation of a Corrective Action Plan and complete remediation of the site more fully described in Exhibit OX. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by AGENCY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in 1 advanceM M21M M �' accordance with the requirements of AGENCY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of AGENCY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The AGENCY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the AGENCY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, 2 aciancedl11121►s5 W N149,001 CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; . E. Bid documents including than Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR`s proposal (attached hereto as Exhibit F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of AGENCY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION AGENCY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of One Hundred Eleven Thousand Fifty -Five Dollars ($111,055), as set forth in Exhibit "A.' 3 navanced'11121M 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall complete remediation of site within two years, or upon closure acceptance of site by the Orange County Health Care Agency. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and AGENCY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, AGENCY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or fumished under this Agreement unless and until a Notice to Proceed has been given to the 4 advanced111121l95 CONTRACTOR by AGENCY. AGENCY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; r and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by AGENCY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, AGENCY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of AGENCY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its 5 advance(VIM SS officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by AGENCY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which AGENCY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to AGENCY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of workinglcalendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses AGENCY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that AGENCY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and AGENCY shall extend the time for completing the work if, in its judgment, the findings of 6 ®dvanced/110,95 fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of AGENCY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to AGENCY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by AGENCY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to AGENCY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by AGENCY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of. (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such 7 advanced/I f 121/95 iW conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by AGENCY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in constructicn of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. if the quantity variation is such as to caise an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by AGENCY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 8 advancedll 1 /21 /95 When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by AGENCY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by AGENCY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 9 adtiaicedll 1121/95 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against AGENCY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless AGENCY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of AGENCY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of AGENCY. CONTRACTOR will conduct all defense at its sole cost and expense. AGENCY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by AGENCY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 10 adranced(I M1195 CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to AGENCY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to AGENCY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the AGENCY, and its officers, agents and employees, and all public agencies as determined by the AGENCY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shalt immediately notify AGENCY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against AGENCY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to AGENCY certificates of insurance subject to approval of the City Attorney 11 odva-vW 1f21M evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to AGENCY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of AGENCY by CONTRACTOR under the terms of this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the AGENCY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, AGENCY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, AGENCY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, AGENCY may elect not to terminate this Agreement; in such event AGENCY may make 12 adtiancedlt t/21M V good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to AGENCY and become its sole property at no further cost. 24. NOWASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of AGENCY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES*,RECOVERY OF ADMINISTRATIVE COSTS AGENCY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. AGENCY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not AGENCY is named in an action to enforce such stop notices. AGENCY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by AGENCY to CONTRACTOR under this Agreement. 13 advanceWI 1121 M �j 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR 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 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and AGENCY agree that AGENCY 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. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY FEES 1n the event suit is brought by either party to enforce the terms and provisions of this agreement to secure the performance hereof, each party shall bear its own attorneys' Sees and costs. 14 a&ance&11/21M 32 ENTIRETY The foregoing and Exhibit "A' attached hereto set forth the entire Agreement between the parties IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above w, ittcn ADVANCED '.NIVIRONMENTAL CONCEPTS By 414tt ?$4'VQ— (�resident By : ma-0--1w V"6z 4"1 Secretary/ easurer REVIgWE-aAND APPROVED - -Director/ - 15 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, A public body Chairperson Agercy Clerk /'� APPROVED AS TO FORM it 1 Agency Attorney �- TS- INITIATED AND APPROVED &d C_ rW Director of Econoi iic Development advanced/11/21/95 l— DEC 1-- 95 15 3e FR AEC S05 631 1771 TO 17143741590�- - - - P 02 APPROVED AS TO FORM., G4IL HUTTON City Attorney SECURMSURA.NCE COMPANY OF TF 61U)- , � _ ,y i � I'U'Y FARMINGTON CT _,; -Q - LABOR AND MATERIAL PAYMENT BOND rZ��Z/y s- Approved by The Amcnc ci jtunoue of Archmzts A. T A Document No q 311 (Ecbruaty 1970 Edam) BOND NUNIDE12 iYn "Eq BY THE_�x PRESu'VY`5. ADVANCED ENVIRQNMhNTAL CONCEPTS INC as Pnnetpal tic-auttsr called Pnactpal and Securuy 4isui=rc Company of Hamad, a co"rarioa organized and existing under the laws of the State of Cun cut c t as Surety heminain=called Surcty are held and tumly bound o CITY OF HUNTINGTON BEACH as Obligec heirwditcr called Owner for the use and beactir of Gtaimauts as hcretnbclow dcnnw ut die amouiu of ON„ NF HUNDRED ELEVLN 1HOUSAND FIFTY-FIVE & NU/ 10Q Chs--- --___ ____�vliars (5 :.1 LO------------- tor the payment Yhcrcot Principal and Surcry bind thtmselves their heirs cxtt.utors Am-uatur5 ucc=or5 and =1gas joiady and verstly firmly by these prewio WE12v A.S Principal has by wnw nen agncctm dated nECEM$l;iL 11 19 95 entercdl Lam a contiacr wnm Owner in sccotdaivcc wide drawings and spectticanons prepared by (ltn+ trtra. hdi mac drlo am addrevl which cuQr aci is by rrfereucc made a Fart licreot =d is herctaafter referred to as die ConsxacL NOW TBEREFORE TM CONDMON OF TMSS 0111.1GATTON is such that if die Pnnwrpal shall promptly Make payuacnt n all clatmonta as hereiw=r doducd for all labor and martriil used or rc:isouahly required for use ui the performance or the Coac:izt, then obligauun strap be void urfrenwse it shaA remain in font! fomp and effect, mblocr_ however in die tollowuig 4ouditwus (1) A ciaimari is denned as one having a direct counact with the Principal. or wish a sub-contmcror of the Pnizipal ter labor matesl or both umd or rm wonably inquire l for use to (to perfarma ice of die contract, labor and material being cons=cd m include that: pa_-t of wear gas power tight, h= oil gasoline telephone service or rental of equipmem duocdy applicable to die COWUL (2) The above named Priiy4al and surety hereby jouidy and severally agree with the Owrier dhat every clatmani u hereto defined w' o has aor been paid to fuU before tbo exquanou of a period of =cry (90) diys after the dart of which dhc last: of such ciaimanes work or labor was door or pertotmtd or materials were fomisbtd by such clatimaur, may sue on this bond for ncc use of such Claimant pfastauno die suit m fual judgment for such soot or sums as may be jusdy due ciaicn=L and have exezinan tbcreoiL The Owner shall not be l,ablo for do payment of any casts or rxp „wz of any sveb suit. (3) No suit or aeaon shall be comuienoW herrnnder by claunant, (a) Unless ctaus><ns, other than one having a direct canoed widi the Pt` w poi Shall have given wn=u no= , asay two of the Following The Principal the Owner or the Surety above named xuhin runery (90) days amr such claimant did or performed the lase or ilia Work or labor Of turnuhed the last ut dip ni4=diis cur which said i.taim is made tatiag wirh subsmitual Lccu"cti the amount 4tautied and die U=0 of the parry m whom the materials were furnished or for whom the work or labor wits done or perrormed Such nonce shall be erved by n„� the -Ma by regutere d mail or 4entlicd mail postage prepaid, in au envelope addressed to tL3 Prsuipal Owner or Sumty at any place whcrc an of e. is regulariy M=0.0ed for the aansacnon of business or served m nay maaact in which Tai process may be served to die stare in whne t die axortui jimletr is located save that °urh service aced not be made by a public otficcr (b) Afer the oxpuauou of one (1) year followutg die date on which Pnncipal ceased work oil said Con¢act, it being mWersmod however that if nay l ixii=on cmboclicd in thus bond is prvbibited by any law consmlbng the wnsaucaon hrrcaf such limimnon ball be deemed to be ameuded so as to be equal to rho minunum period of lunrnnop permtved by such law (c) Other d= to a state court of competeat lunsdienoa in and for the county or other poiinoal subdivmoa or the sRoe nil wtttcn dhe projecr, ar any part dictcor is Simard or in. die United States Distncr Court: for the drsmct in which ibe project, or any put themot s simated and not elsewhere (d) The amount of this bond shall be reduced by and w the exmnt of any paymcut or payments irtade in good faith heteutider inclusive of the payment by Surcry at mechanics hens which may be tiled of record against said tniprovemetir, wheibcr or not claun ror the atnouut of arch lien be pttsented under and agacast thus bond srgued and Scaled this .w # �day of i..�c einhe ADVANCFD ENVIRONMENTAL CONCEPTS& IN�, (sE,u,) P [pal BY (wttncss) e Jonathan buck Tlilr. �'resldent Sewrrty Inaui ce Campauy of Hanford B Jr(SZA.L) s) Attnmry-in fact 'ibis bond is iW,C4 stm+tltsucousty vnth performance bdad ie favor of the Owner eauditioned au thr full aisd faithful Ferfvrma► it of the Cu". �.. DEC 11— 9E 15 d0` F- AEC —Y 805 831 1711 TO 1''1d-275'�Oa9 ,SEC-URI I Y INSURANCE COMPA OF HAR FFORD BOND S 5 1 urrujt%(rin Lunnccin-►rt NUMBER P 02 I ()Wk R M A I IORNH Y ORR DIAL S Ok rHIS PMV> R 01, t I (IRNt N ARE PRINTED (iN I INK S U 111 I 'kI I R vi I f Ii I l OL I SS FURI [ E Itih KNOW AL I Nil N BI I JJFS4 PRLS> N IS Th,it SLC UR I I'Y [N,)URANCECOMP 4NY O1- H AR1 FORD a C'nnitLLt1 ul LAAt par ultnl d1u, httCl,y !ll tl,c, L.nAI IntIIL .Ind appriiny JER1LYN WIBBENS Ito lrLI4 a114i lawful AltumLy(,) in Fact wt f Ill power Ltld awhnMly for and on Kit Alf 0111), ( omp my a, ,arLt) to mute - Lufa delver ind seal tt i bL 11 is M 11110 any bond, .ind doLun tail, rei trine I-) uch hond, slnd to hrrd' PCURI FY iNSURA NCE COMPANY OF HARTFORD IN.rti ) PRINCIPAL NAME ADDRESS CITY STATE ZIP ADVANCED LNVITtO MENTAL CONCEPTS, INC 4400 A5HE RD , #206 BAKERSFIELD CA 93313 3' 12/11/95 $ ill 055 00 EFFECTIVE DATE CO BOND AMOUNT $ 111,055 00 performance & payment bond Nuthtag tit this Power of Altomcy shall be C01WI'lled aS a glaid Wil.111101111Y to the W0171143(S) In f ict to Sivn i xact iC d0vu [tr olhcrwiSc issue d paitcy 1 PUIIL1L, of 1n,ltr Anc1. o i bl-Uf of SECURI f Y INSURANCE COMPANY OF HARTFk)RD Tlrt smarty of file AIiL i nt y 1n I cut and the Lioia of Liabiht} of the Compvly as urct) on anN on.. bond and document, rcW ng to mch bond bh ill not cxmcd two nu( on 17v4 hundrLd thou, ufd dollvl: (5' 5(d) ON)) Tlld nppoutUuc,tn i, mutt. under wtd by luthordy ct Ac1i41k. %'i Si -Crum F 15 of the B) Law, of the Cumpauy which AAILla and SCLhl111 As now in fail force and C(I,L1 and whIL11 ,t uL, In p in as tnlinu ,AIT )tram it of Attunit)s Ill f 11Lt ' 11L PIC,Iuellt my EXC1Utt%4 ViCC ft"KIL1711 x any � iLC PrLsldLnl shall ilao hay, powL,I and at thonq from time to tinic it) 4ppoint one or more attorneys in f,lu I )r IhL Ilw post. of c"t uhn� and dehcerlllg tot 1Ald on behalf tit till, C nrpclrutinn and I, It, act arddud huudS undeaal.Angs reLu,,ni2MCA1s carllracisof Lndemrnty Ind nthA r un►rumun, ur wrinllgS of,lmll it ch tr it t1=1 fn pro L nhe 111L re,I1LL 11 ve duties of ,uL II momeys All tact uid the iespLt ttve hauts of their tuthmly vtd io ievuke. any such Lppontuu it it unN tttnv in hi, or her dkULlltm f hlti P Met u1 1 uurnL,+ u7d Ittt hoed I,st14d by my tltomcy In [,ILL under Ilan PawLr t ty tx signed by fai simdc signature under and by th,. mithonty gr lnted by OIL 6o11o%k nl= rL,-1111tu n duly uduplLd fly thL Bo lid Ili f)n t irs I the Cnrnpany on DL c,inhcr I 1992 SOL VI D Th if tht, stLnaWi t, of Ally 1„lull s mtiL,tirg uffirLr and por 1[e creel of this Corporation on Any ct rtfh .d copy of any poteer of iitonl4y 11n111L d unit r Art IL IL V1 Of the av 1..114s of I�I, ("orpoi Aim And the ,tgnalure n1 un) allumey In EAU JUIng undei suLh ¢uAe oil anbard WillfaLt Ot sun.ly,hil An t Thu µ MILLI in,tnnnsnt ma) t,L IN Mimi by faL,AnAAlt ind Ivy sui.h tit,iinilc sApniture ind tac4imilL ,cut ,h All be ultd and handing on this Ctlrparllllon u thnul;h 11 V,Ll4 MIMI11IN Ifftx d Ill Wiz NI SS WI LLkE0I' SECURII N INSUR ANC f C ()tviPAN ! 01- I IAR ITO&D has uuseLl Attest presents to be s gIlLd by it, propvi officer and l3ccirpol-lie ,L d I It., h1.i4unt I All1YLd 11115 1 st tt Ay of August It193 SECURITY INSURANCE COMPANY OF HARTFORD S LntS ' BN Vice Presid t St uL of CllMIL (ILtit , * * , Comity %1awe On till, I St d iy ill August A D 19 93 bLlolL the a Not try 1 ublic in and for said State and County camtr the abovc named Vice PrL,ldLlltind SL4lLItry(tnitpiNwall)illt)11rlLtAhLItIc111d1 idwilsindinandahICXCcUtcdlh-cCLdlnSin,trumentand they uLkn0'AWbCd IIIL LIL1-4.1.1114 11 t I th tell I ttl 11 IrLL ILL and dLLLI Cud balm:, by MO duly ,� Lin tilt) did titer"- and '11) (hat th1' the corporate heal of said Compan) that IhL ,L iI Ittlxt it 10 01L pILLLdlIIt iii,trutfiLItt cc a, 1111A LI 31 tllclf d I I o fir n And thk, ,orporal r x tit 41[1,Ld Ln uLCurdur i the authority of the Board of Duectots Of nd L nnp my IN TC rl�io\!Y W]IEREOF 111 Ice hoiLuntu i in h ind and su.il tt•A� 0a) and )t,,Ar tint abo%L wrill-n 1� ` "�ti Ni, I ,,root, iou ,,Nnir octobtr 31 1997 J � tyOTAq�, �' ` kKl' TCSI Ntlt.jo Public Hartford County, Connecticut C'ERTIFiCATiON 1 StanleyG hullwood 5ctrt,l tryol SECURI I Y iNS11RANC'f C0N vjP-AN'z f11'II4RTFORDLCrufythat tile furegumgpowelof fttoiney theabove gttoied AIAILIL of ill 11y t m, ind lht K4 oluti011 Ot 111E Board of DirCLii , li iN a not bttni abrldped Uf revubed and ate not In fu11 torLC Ind etttct I of ilia Tart heteol c SitnL.d vtd calcd at Farrnington (, nnnccitcut 1ht, 11th du) of December' 1995 k f a a �CCIC1 F M 407(m (I I r<1i) .ir .....-. WIND N SEA SURF SHOP 520 Pacific Coast Highway Huntington Beach, California BID SUMMARY SHEET (please ltemlze as shown) Task Work (toms Bid Amount 1 Prepare Corrective Action Plan 1.500.00 2 Issue Insurance Cerfifloates N1C 3 Conduct No -Fold Activities Utility survey -site vlsli 250.00 Geophyslcol survey or hand auguring to clear boring locations 200.00 Subtotal 950.00 4 Pormitling SCAQlVD Permit 600.00 NPDES Permit OCHCA Well installation Permits 375.00 Subtotal 975.00 5• - _ Vapor Extraction and Air Spargo Syslom Design Prepare figures: 300.00 Prepare equipment specs 300.00 Prepare O & M manual 1.250.00 Subtotal 1.850.00 b System Inst:311alion and Startup Install and develop 10 2-inch VES1Spargo wells to 30' Including sampling, logging. Held -testing. 10.000.00 Install above -ground and subsurface plrmbing for extractlonlsparging well network Including saw -cutting. trenching. backfiliing. pavement. concrete. plumbing. valves. connections. i2.200.00 Install equipment compound Including security -noise enclosures. 11000.00 Install electrical hookup 780.00 Procure and Install main soil vapor extraction system (200 cfml. 1.000.00 Procure and Install air-sparging skit 1.000.00 Ancillary equipment. controls. fittings. etc. 1.500.00 System Vortup. bug -out, and punch -list completion 500.00 Soil analyses (20): TPH-gBTEX 1.200.00 Palenl license Sees (11 any) 7 Baseline MonitoMg - Sound and Veld test wells for soil gas Including 5 certified analyses for TPH-g1ME. Purge and sample 40 wells wllh i0 certified analyses for TPH-g16TXE - all labor. 3.500.00 EXHIBIT "A" �f Task Work Items Bid Amount B Poutine Oaeraflons Monthly equipment lease for Sparge Wit (12 months) - S4001month 4.800.00 Monthly equipment lease for VES system - 200 cfm (12 months) - S 1,530/monlh 18,000.00 Electric power for vacuum extraction (12 months) - $250/month 3,000.00 Electric power for sparging compressors - (12 months) - $2001month 2.400.00 Routine preventative maintenance, labor - (12 months) - $8001monih 9.600.00 Routine preventative maintenance, par's and supplies - (12 months) - S 1001month 1.200.00 Emergency service and repaks budget request - (12 monttu) - S1001monlh 1200.00 I Air-slde carbon change out Including 01 labor, materlals and disposal charge;. Assume a change -out of fineen 55-gallon drum per year. 7.5001 year Subtotal 47,700.00 9 Monitoring and Reporting SCACMD Initial source test: slx alr bogs, two weeks daily NH, report 2,000.00 Compliance monitoring - biweekly visits for TVH field sampling, meter readings, all roullne and process mon toring sampling and analyses Including five Tedlar bags/mo and five groundwa`er samples/mo (TPH-g BTEX). 3.200.00 Groundwater sampling events (8): purgelsomple/sound all we:ls: test TPH-g. BTEX 8.000.00 SCAQM:) compliance monitoring quarterly report 2.000.00 OCHCA quarterly operations status report 1,200.00 Project Management 2.000.00 10 System D©mobliizatbn 3,000.00 11 Reports 4,000.00 Price quotation are considered firm unless othervAso specified. GRAND TOTAL FOR A TWO YEAR PROGRAM S 111,055.00 This proposal is presented by Advanced Environmental Concepts, Inc. 4400 Ashe Road, Suite #206 Bakersfield, CA 93313 (805) 831-16 B: o V han L. Buck, President r , ZAN� &ADVANCED ENVIRONMENTAL CONCEPTS INC- Advanced Environmentdt'C;oncepts, Inc. Is pleased to present the following: Corrective Action Plan for Wind 'N Sea Surf Shop 520 Pacific Coast }fighway County of Orange • Huntington Beach. Califomia This report has been prepared for: City of Huntington Beach ?Ar. Keith Bohr Mr. Donald Bkx*r pan Afxil 4995 ENVV40N WAL CONCEPTS VATM M S*N N ~ • 4400ASHE ROAD. 8206 9 8AKERSFF-L0.CA93313 (1051831-1946 • FA)(8351831.1771 • - Correctivo Action Plan Advancedmhvironmental Concepts, Inc. Wind 'N Sea Surf Shop Table of Contents Subirct Page 4.0 INTRODUCTION 1 2.0 BACKGROUND 1 ' 3.0 ASSESSMENT OF THE IMPACTS OF THE 3 CONTAMINATION • 3.1 Characteristics of the Contaminants 3 3.2 Site Geology and Hydrogeology 3 ' 3.3 klaximum Clean-up Levets 4 4.0 CORRECTIVE ACTION PLAN 5 ' 4.4 No Action 5 4.2 Pump and Treat with Vapor Extraction 5 4.3 Alr Sparging and Vapor Extraction 5 5.0 RECOMMENDATIONS 6 . 6.0 PROPOSED REMEDIATION SYSTEM 6 • 7.0 CLOSING 7 8.0 CLOSING 8 gpendices (A) Project Maps 1 Figures Pro)m*. AEIC95V-4538 . r:m'FK &MENTAL CONCEPTS WfrM DESPGN N MM • ;� 4400 ASH& ROAD. E206 BAKERSFIELD. CA 93313 8051831-1846 + FAX 8051831-1771 � L,J Corrective Action Pk3n Advanced Environmental Concepts, Inc. Wind 'N Sea Surf Shop 1 11, I11.-:1611 This Corrective Action Plan (CAP) presents the proposed methods to remove petroleum hydrocarbon constituents from the groundwater and capillary fringe beneath the Wind-N-Sea surf shop, 520 Pacific Coast Highway, Huntington Beach, California (Figure 4). Preparation of the CAP was authorized by Mr. Keith Bohr and Mr. Donald Blackman, City of Huntington Beach, and has been required by Mr. Peter Peuron, Orange County Health Care Agency (OCHCA). This CAP summarizes the results of previous Investigations, and evaluates three options for remediation of adsorbed phase hydrocarbons In the capillary fringe and dissolved phase hydrocarbons In the groundwater. The three options that are evaluated include; 1) no action; 2) pump and treat combined with vapor extraction; and 3) air sparging combined with vapor extraction. 2.0 BACKGROUND On February 19, 1991, Jones Construction excavated two tank pits on the subject site. One pit contained two 5,000-gallon, steel, gasoline UST's and one 4,000-gallon, steel, gasoline UST. The other pit contained one 500-gallon, steel, waste -oil UST. Upon completion of the tank removal procedures, a total of 26 soil samples and one water sample were collected at the subject site. Including seven from beneath the removed USTs and one In the spoils pile. The remainder of the sampling was performed to determine the extent of hydrocarbon -impacted soil. The analyses Indicated elevated concentrations beneath the former gasoline UST locations which prompted the OCHCA to require a site assessment evaluating the vertical and lateral hydrocarbon migration In the subsurface. Soil sample collection procedures were carried out under the direction of Hazardous Waste Specialist Bill Edinger, OCHCA. On December 23, 4991 a total of five exploratory soil borings were drilled on the subject property. Three of the soil borings were completed as 2-Inch diameter groundwater monitoring wells (MW-2, MW-3, and MW-4). The analytical results of the soil borings Indicated limited lateral dispersion proximal to the former UST emplacement, however, the groundwater results for TPH-g1BTXE exhibited elevated concentrations. 1 In an effort to mitigate the remaining gasoline contaminated soil at the site, the excavation and disposal of the soil at a fecycling facility alternative was selected. Remedial activities began on September 16, 1992 w1h the excavation of the former tank location. At the conclusion of the excavation work. September 23.1992, approxlmate ty475 tons of hydrocarbon -impacted sol I were I excavated from the location under the direction of an AEC project geologist, and Peter Peuron, J Orange County Health Care Agency. AEC concluded that approximately 475 tons of gasoline -Impacted soil were excavated from the site. Confirmatory soil samples from the floor and sidewalls of the excavation Indicated that all accessible gasoline Impacted soil was removed from the subsurface. Solt containing detectable concentrations of gasoline still exists In the south wall of the former tank emplacement but, cannot be removed without damaging the structural Integrity of the sidewalk and adjacent Pacific Coast Pt*ct AEC 95VAW8 1 . ENvVOMAEWAL OONCEPTS WITH DEssam N mm . 4400 A5HE ROAD. 6200 • BAKERSFIELD. CA93313 6051631-1648 • FAX 805/831-1771 Corrective Action Plan Wind 'N Sea Surf Shop Advanced Environmental Concepts, Inc. Highway. The soil that was removed was transported to Gibson Environmental In Bakersfield, California for recycling Into road base material. The former tank excavation was backfllted with clean Import fill. On October 18. 1993 AEC advanced three soil borings to 26 feet BGL in the right turn lane of Pacific Coast Highway. The borings were sited a foot west paralleling the drainage gutter and concrete sidewalk, and spaced approximately 12 feet apart. Soil samples were collected at 5 foot Intervals and a water sample was collected from inside the augers in PCH-2. These borings confirmed that the majority of gasoline impacted soil was removed and disposed. The minor concentrations cf gasoline are a result of hydrocarbon migration within the capillary fringe Identified between 27 feet to 24 feet BGL. A small volume of soil (approximately 30 cubic yards) remain along the west sidewall, beneath the sidewalk paralleling Pacific Coast Highway. It Is also apparent that the groundwater beneath pacific Coast Highway has been adversely affected. Following the conclusion of the above stated work and a review of the compiled data It was deemed necessary to perform additional work In order to better evaluate the lateral limits of the groundwater plume. From August 17-18, 1994. three groundwater monitoring wells (MW-5, MW-6. MW-7), and one 4' diameter groundwater extraction well (ErW-4), and three 2' vadose wells (VE-1, VE-2, VE-3) were Installed on the subject property. The monitoring wells were installed to evaluate the lateral migratory limits of the gasoline -range hydrocarbons to the south, east, and north. The vadose wells were Installed to conduct a vapor extraction feasibility study. Between December 8 and 9, 1994, one groundwater monitoring well (MW-8), one vadose well were Installed and three soil borings were advanced ter the purpose of obtaining reconnaissance (grab) water samples. The work was performed for the purpose of better evaluating the lateral extent of the groundwater contamination. At the conclusion of the work all groundwater monitoring wells were sampled and submitted, along with the grab samples, to Associated Laboratories of Orange, California for analysis of TPH-g and BTEX. The analytical results are presented In Table 4. Loca'lons of monitoring wells, vadose wells and hydropunch borings are plotted In Figure 2. Table I Analytical Resufts - Water Samples 1219194 1(ppm) I.D. TPH-g Benzene Toluene Xylenes Ethylbe_nzene _Sample MW-2 3200 50 130 200 -� � 300 MW-3 5300 300 260 400 460 MW-4 13000 300 200 800 4000 MW-5 900 20 60 100 60 MW-6 100 5 20 10 ND MW-7 300 ND 5 10 ND MW-8 ND ND ND ND _ ND HP-1 ND ND ND ND ND Proied: AEC 95V-4538 2 • f WFK* ►AE%TAL CO"MM VMM MS0 3N 94 Mho 4400 ASHE ROAD. 0206 • BAKERSFiELD. CA 93313 8051831-1646 • FAX 8051831-1771 Corrective Action Plan Advancer' '�nvironmeniai Concepts, Inc. Wind 'N Sea Surf Shop �.) �111 Table i (confinued) Analytical Results - Water Samples t 2R194 ( )PM) Sample I.D. TPH-g Benzene Toluene Xylenes Ethylbenzene HP-2 47000 240 4000 2400 800 HP-3 ND ND ND ND ND HP-5 4000 30 4 40 6 Ballet Blank ND ND ND ND ND Detection Min (ppmn 5.0 0.005 vacs 0.0is 0.005 ND: Not detected at Indicated limit of detection TPH-g: Total Petroleum Hydrocarbons as gasoline Based on analytical results obtained from December, 9994 episode of water sampling It appears that the area of impacted groundwater is expanding towards the norlheastleast of the previously detected contaminant plume. Limits of the groundwater plume are presented In Flgure 4. 3.0 ASSESSMENT OF THE IMPACTS OF THE CONTAMINATION 3.4 Characteristics of the Contaminants Gasoline and its components (benzene, toluene, eihylbenzene, and xylenes), are the only contaminants of concern (COC3) for this site. Gasoline is composed almost exclusively of hydrocarbon compounds; the mixture changes from producer to producer, and may even change from season to season. At sites of gasoline spillage, chemical toxicity is the major factor in determining the appropriate COC3. Of the many compounds occurring In gasollne benzene. toluene, ethylbenzene, and xylenes are the most Important In forms of human toxicity. Of these benzene is considered the only Class A carcinogen 0.e. a known human carcinogen). Benzene Is considered the primary COC at the site. Levels of toluene, ethylbenzene, xylenes, and TPH will be considered In assessing the effectiveness of the remedlation system. A lengthy review of the potential toxicity of benzene Is beyond the scope of this plan. The U.S. Environmental Protection Agency (EPA) has compiled and reviewed toxicological data on benzene, and this information Is presented In the EPA Information Retrieval and Indexing System (IRIS) database. 3.2 Site Geology and Hydrogeology The Wind 'N Sea surf shop Is located on the norm side of the northwest trending Pacific Coast Highway, a main artery through California coastal cities. The site lies approximately 30-feet above mean sea level and Is located on a gently southwesterly sloping bluff overlooking the Pacific Ocean. - R*cf. AEC 95V-M8 3 a ENMAO WNT L OONMPTS WrM OESCMU Rd MP[i a 4400 ASHE ROAD. 8205 • BAKEASFIELI]. t;A 93313 8051831.1646 • FAX 6051831-1771 Corrective Action Plan Advanced Environmental Concepts, Inc. Mind 'N Sea Surf Shop The subject property is situated near the inland margin of the Los Angeles Orange County coastal plain area of the Los Angeles Basin. The site is located on the Huntington Beach Mesa within the regional Downey Plain, the largest area of Recent alluvial sedimentation. The Downey Plain is northeast of the Newport -Inglewood belt of hills and extends from the Ballona Gap, across the central lowland of the Coastal Plain of Los Angeles County, and Into the Coastal Plain of Orange County to Santa Ana. The Downey Plain ranges In elevation from 275 feet above mean sea level (MSL) In the Los Angeles Narrows area, to sea level near the Dominguez Gap. The slope varies from 7 to 23 feet per mile, but Is generally less than 48 feet per mile. The Downey Plain Is primarily a depositional feature, although minor periods of erosion have occurred. Alluvial fans formed by the confluence of the San Gabriel -Santa Ana River systems have coalesced to form this gentle plain. During past flood episodes, these rivers traversed most of the area, depositing their sediments. The alluvial deposits of Recent age that comprise the Downey Plain consist mainly of sands, gravels, slits, and clays. Generally, the coarser -grained sediments have been deposited near the Inland hills as alluvial fans, whereas deposition of progressively finer - grained materials occurs toward the river flood -plains. The upper fan areas are Interpreted to be Intake areas where recharge of groundwater occurs. Hydraulic continuity may exist between alluvial sediments of the fan areas and certain water -bearing sediments of the central lowland. Replenishment of groundwater occurs In the Intake area mainly by Infiltration from major streams within their permeable channels, and by Infiltration of Irrigation water and rain. The Huntington Beach Mesa is bounded on the south by the Santa Ana Gap, eroded by the Santa Ana River, and the north by the Bolsa Gap, eroded by the Bolsa waterway. The Huntington Beach Mesa is recognized for Its prolific oil production. First water at the site was encountered at approximately 28 feet BGL. The water -bearing zone is unconfined, has an undetermined thickness and consists of a brown, fine -to -coarse grained sand (Slhl). The water quality Is poor and is not currently being used for domestic or agricultural purposes and has limited potential for future beneficial use. The potentfometric surface has an average groundwater gradient of 0.7 feet per 400 feet and a general gradient direction to the east/northeast (Figure 3). The hydrocarbon Impacted groundwater has encompassed the entire area of the subject site and appears to have migrated of site to the west, and to a lesser extent to the south, under the Pacific Coast Highway. 3.3 Maximum Clean-up Levels MCLs are part of the drinking water standards adopted both by the California Department of Hearth services (DHS) In Title 22 of the Code of Regulations (CCR), 'Domestic Water Quality and Monitoring', and by the Environmental Protection Agency (EPA) under the safe drinking water act. it should be noted that the balancing of health effects with technologic and economic consideratfons used In MCL derivation may not be applicable to the protection of water resources. The MCLs for gasoline and Its organic constituents benzene, ethylbenzene, and xylene isomers are 4 part per billion (ppb), 680 ppb, and PMW* KC 95V-1538 4 - ENVVCNv NTAL Cor M"S wrrH DESON w wo - 4400 ASHE ROAD. 0206 - EAKERSFIELD. CA 93313 8051831.1646 • FAX 8051831-1771 Corrective Action Plan Advanced EnviR)nmental Concepts, Inc. Wind 'N Sea Surf Shop 1.750 ppb, respectively. No California MCLs currently exist for toluene or total petroleum hydrocarbons as gasoline (TPH-g). Hydrogeologic data indicates that the groundwater beneath the site Is not currently used for drinking water or agricultural purposes, and because of the limited total volume of water available In the shallow unconfined aquifer, and the elevated total dissolved solids (TDS), this groundwater has limited potential for future beneficial use. Because there Is no current use, and the limited potential use, the California MCLs should be attenuated accordingly to reflect a reasonable reduction In hydrocarbon concentrations rather than drinking water standards. No liquid phase (free product) hydrocarbons have been detected at the site and therefore groundwater remediation at the site will be restricted to dissolved phase hydrocarbons. 4.0 CORREC nVE AUON PLAN AEC evaluated three options for the removal of adsorbed and dissolved phase hydrocarbons: 1) no action; 2) pump and treat combined with vapor extraction; and 3) air sparging combined with vapor extraction. Bior©mediation and fixation have been rejected by AEC as Inappropriate for volatile hydrocarbons. 4,11 No Action A 'no action" option (which according to low must be considered) Is not feasible. Hydrocarbons have already migrated through the soil column to groundwater and laboratory analyses of groundwater Indicate that hydrocarbon concentrations are above the drinking water standards set by the State of California and the U.S. Environmental Protection Agency In other wells. 4.2 Pump and Treat with Vapor Extraction Pump and treat technology combined with a vapor extraction system Is a technically feasible option. However, drawbacks associated with pump and treat technology Include: 1) pumping large quantities of water to remove a small quantity of hydrocarbons; 2) disposal of treated effluent, and 3) pump and treat systems generally require long time periods to complete remediation. In addition, the pump and treat and vapor extraction system are two Independent units. therefore, this option would require large capital expenditure and maintenance. 4.3 Air Sparging and Vapor Extraction A combination air sparging and vapor extraction system Is an appropriate choice for this site. The site Is underlain by sand and silt from the surface to a depth of approximately 45 feet. Studies have Indicated that air sparging Is an effective remediation option In groundwater, especially in cases with permeable soil such as those at the site. The porous Projod: AEC 95V-4538 5 W i • ENWADNWNTAL CONCEPT$ W11F1 CESKW N WO 4400 ASHE ROAC). /208 9 BMERSFIELO. CA 93313 8051031.1846 • FAX 805/931-1771 Corrective Action Plan Wind 'N Sea Surf Shop Advance8%.4vironmental Concepts, inc. nature of the soil beneath this site should minimize any concerns regarding groundwater mounding. Also, the mounding Is due to air In the water. The pressure head due to the water column does not significantly change. Groundwater flows as a result of head pressure, not column heights. Therefore, groundwater flow direction should not change significantly duo to sparging. Air sparging has also been shown to reduce hydrocarbon concentrations at a faster rate than pump and treat technology. The vapor extraction system will remove hydrocarbon vapors volatilized from the groundwater along with hydrocarbon vapors being removed from the capillary fringe and vadose zone. The combination of vapor extraction and air sparging will result in lower capital and maintenance costs because only one type of treatment unit Is required. AEC also believes that this technology will most effectively remediale hydrocarbons In the soil and groundwater. 5.0 RECOMMENDATIONS On the basis of this analysis, AEC recommends that the dissolved and absorbed phase hydrocarbons be removed from the groundwater and capillary fringe by a combination air sparging and vapor extraction system. Technologies to treat the vapors removed from the soil and water are being evaluated. Technologies under consideration include carbon adsorption, catalytic oxidation, thermal oxidation, Internal combustion engines. and thermal treatment with a hot gravel bed. The technology selected by the City of Huntington Beach to treat the effluent vapors will be permitted with South Coast Air Quality Management District (SCAQMD) before operation. 6.0 PROPOSED REMEDIATiON SYSTEM Ten dual completion air sparginglsoll vapor extraction (ASiSVE) wells are proposed to provide both air sparging and vacuum extraction at each well location. The existing groundwater wells and vadose wells will also be incorporated Into the ASlSVE system. The proposed well placement, shown In Figure 4. forms an Interconnected line of ASISVE wells at the downgradient boundary of the property. This line of sparging points will remediate hydrocarbons migrating In the groundwater in following ways: (1) finely divided air bubbles from the air sparging points desorb hydrocarbons from the water and bring them upward into the vadose-zone were the vapor extraction system removes them; and (2) the Introduction of fresh air Into the water Increases the concentration of dissolved oxygen In the groundwater, thereby increasing the level of biological activity of naturally occurring microbes. The hydrocarbons are broken down by the microbes Into carbon dioxide and water. The effectiveness of the air sparging In removing the hydrocarbons from the groundwater beneath the site will be evaluated by sampling the groundwater wells of, and adjacent to the site, on a quarterly basis. Vacuum will be continuously applied to SVE well(s) unfit field testing delermines hydrocarbons are no longer being extracted from a given well. At that time the vacuum to the well(s) may be turned off, to provide additional suction at the welts exhibiting higher hydrocarbon concentrations. Project; AEC 45V4538 6 ENVFCNaENTAL 00Nm Prs w TH oEs*N rN IUD • ' 4400 ASHE ROAD. 9208 • BAKERSF ELU. cA £3313 8051831.1848 • FAX 8051831-1771 Corrective Action Plan Advanced Wironmental Concepts, Inc. Wind 'N Sea Surf Shop The detail of V e ASISVE well design Is shown on the ASISVE Point Detail (Figure b). The system will have valves'Instalied at each well and a manifold will be constructed so that air sparing and vapor extraction can be Independently controlled for each well. All system piping will be underground with traffic -rated well covers placed above the ASISVE wells for easy access. The soil and water generated during the installation of the wells will be properly recycled, treated, or disposed. • The SVE well location and estimated radius of Influence are also shown on Figure 5. The Indicated radius of Influence Is an estimate based on previous work. The actual radius will be confirmed during the pilot test phase of operation as outlined below. If additional welisfsparge points are required. they will be Installed. Pr*CI: AEC 95V-15M 7 • ENvw10NMEKTAL CONCEPTS MQrH DESIGN N WID • 4400 ASHE ROAD. #208 • 6AKERSFIELb. CA 93313 8051831.I CAO • FAX 8051831-1771 Corrective Action Plan Advanced Environmental Concepts, Inc. Wind 'N Sea Surf Shop 7.0 CLOSING . Advanced Environmental Concepts, Inc. appreciates the opportunity to be of service to the City of Huntington Beach on this project. If there should be any questions or additional Information required regarding this report, please do not hesitate to contact our office at (805) 831-1646. This Environmental Site Assessment has been prepared by: Advanced Environmental Concepts, Inc. ithan Uffuck " " stered Environmental Assessor +1508 This report has been technically reviewed by: Jas ph A. Dunw California Reglstered Geologist • 6504 DOC16EP Project AEC 05VA538 No. 01500 �xpit" l4, JOS€PH A. DUNWOODY s 6504 • ENWIC" 1ENTAL CONCEPTS VATH OEM" N MPp + r A400 ASHE ROAD. *2C9 • BAKERSFIELD. CA 93313 8051831-16AS • FAX 0051031-1771 P Advanced Environmental Concepts Inc "Appendix A" PROJECT MAPS / FIGURES ENVIRONMENTAL CONCEPTS WITH DESIGN IN MIND 4400 ASHE ROAD #206 BAKERSFIELD CA 93313 805/831 1646 FAX 805/83 1771 b, ti a L Nn % IIUNTINGTON .BEACE r. SCALE 1:24 WO aN 4ti r 0 1 low 100 low2000 3000 4000 5000 A= 7000 TEET 0.48. ,i�_ - 1 S 0 1 R�L.QM[TfR :Z "Id 267 Kilf �► CONTOUR INTERVAL 20 FEET clt YTM CRID AND 1l72 MACNETiC NpRtN OUMRANGLE LOCATION OECLOIATIDN Al CENTERpT SMELT AEC • r e s -• •• W.I -SITE LOCATION MAP - Wind N Sea Surf Shop so Pacific Coast Highway County of Orange a Huntington Beach, CA FIGURE 1 'W' W It �F- v, HPZ + MW-8 FENCED VACANT LOT AUZY -2:...GRAVEL:":: FENCED MW-T PARKlNO GARAGE .: ..W PATIO AREA WIND-N-SEA SURFBOARD SHOP cc a o VE-4 ASPHALT EW-1 DRIVE AREA + HP-3 ASPHALT DRIVE ONCR MW-4 PAD AREA �. VE.1 MW-3 R • VE-2 VF-s SIDEWALK e e e PCH-1 PCH-2 PCH-3 PACIFIC COAST HIGHWAY Al, M►�� � Lwow C) "&**v \ I ttF c 15 soVm" Exmmcdm Weir -�y - dmw~ mwft ft WM \ Sail 1 h - 30 R -'Site Map - FIGURE a Wind-N-Sea Surfboards •If nE""°'°'*E""`°°' ''s" • 520 Pacific Coast Highway 2 ,40MA= ENW"W81OMM. CAW&M Coup & Orange *Huntington Beach, Callfon la Ad AM 40M AVOWREW.CA03M ___- -[.~�----''--__-----_ l FENCED VACANT ALLEY CONCHM SIDEWALK PACIFIC COAST HIGHV;i�y MW- akvmdm In so bvd bil Groundwater Elevation Map - FIGURE December, 1994 Wind-N-Sea Surfboards .2c WWWOMAL CX*KWM W. a IF 520 Pacific Coast Highway 3 A, Fwmptxxh u&vtom, FENCED VACANT LOT PACIFIC COAST HIGHWAY S� Ca+oron fi pps` I" w 30' -Hydrocarbon Concentrations - In Groundwater - FIGURE lzfm Ole �,� M O Wind-N-Sea Surfboards 4 AMAICMAMACOWD'rs 520 Pacific Coast Highway P.O. F.U4W �. c�+ s County of Orenp + Hurtungw Beach. Cardomia A- 1 L L L t- 16 H mW-s Mwa 4- F- I W 1 W -$ FENCED VACANT LOT C/) . (0 AL LEYj' .2 .. MW-7 >: GARAG + r -, {- WIND-N-SEA :t + SURFBOARD SHOP j '�NIINw-••i .�111� •� � f P-3 1 EW-1""""�. �J Mw- MW-6 F i • .2 � _ • _ ..♦.. SIDEWALK �� l A a e PCH-1 PCH-2 PCH-3 PACIMC COAST A ifj&0 rxh Boring Lmedm (D Sd Baby p 15 so 0 Vapor EAr&cdm W44 + Grm nd~ >fAon o*q wet \ scar 1 h - 30 [t 141-[-,41 AS/SVE Well Location FIGURE and Radius of Influence ,aaG;l►�rcme r,�oono�rsr+c. Wind-N-Sea Surfboards "A.14=E?~M&W&Coru U= 520 Pacific Coast Highway P a 94KMSnMD. CA OWN Cou* of Orange 9 Hun ington Beach. Caftmia TER TIGHT MANH TO VES SYSnU FROM AIR SUPPLY v 1 2' SCHED 40 BLANK & .020 SCREEN i lr 2s, GR"DWATER SURFACE 2" SCHED 80 BLANK & .040 SCREEN 3! NOT TO SCALE ASISVE WELL DIAGRAM FIGURE Wind-N-Sea Surfboards 524 Pacific Coast Highway 6 , County at Orarge . Huntington Beach. Cal forma SECURITY INSURANCE COMP/ rV OF HARTFORD BOND SCG 5 e} 3 8 5 Farmington Connecticut NUMBER PRINCIPAL NAME ADDRESS CITY STATE ZIP ADVANCED ENVIRONMENTAL CONCEPTS, INC 4400 ASHE RD , #206 BAKERSFIELD, CA 93313 EFFECTIVE DATE 12/11/95 CONTRACT AMOUNT $ 111,055 00 BOND AMOUNT $ 1111055 00 performance & payment bond POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON PINK SAFETY PAPER WITH PROCESS PURPLE INK KNOW ALL MEN BY THESE PRESENTS That SECURITY INSURANCE COMPANY OF HARTFORD a Connecticut corporation does hereby make constitute and appomt JERILYN WIBBENS its true and lawful Attomey(s) in Fact with full power and authority for and on behalf of the Company as surety to make execute deliver and seal if a seal is required any bonds and documents relating to such bonds and to bind SECURITY INSURANCE COMPANY OF HARTFORD thereby Nothing in this Power of Attorney shall be construed as a grant of authors to the attorney(s) in fact to sign execute acknowledge deliver or otherwise issue a policy or policies of insurance on behalf of SECURITY INSURANCE COMPANY OF HARTFORD The authority of the Attorney in Fact and the Limit of Liability of the Company as surety on any one bond and documents relating to such bond shall not exceed two million five hundred thousand dollars ($2 500 000) The appointment is made under and by authority of Article VI Section 6 15 of the By Laws of the Company which Article and Section is now in full force and effect and which states in part as follows Appointment of Attorneys in Fact The President any Executive Vice President or any Vice President shall also have power and authority from time to time to appoint one or more attorneys in fact for the purpose of executing and del ivenng for and on behalf of this Corporation and as its act and deed bonds undertakings recognizances contracts of mdemmty and other instruments or writings of similar character to prescribe the respective duties of such attorneys in fact and the respective limits of their authority and to revoke any such appointment at any time in his or her discretion This Power of Attorney and any bond issued by any attorney in fact under this Power may be signed by facsimile signature under and by the authority granted by the following resolution duly adopted by the Board of Directors of the Company on December 1 1992 RESOLVED That the signature of any issuing or attesting officer and the corporate seal of this Corporation on any certified copy of any power of attorney authorized under Article VI of the By Laws of this Corporation and the signature of any attorney in fact acting under such power on any bond contract of suretyship or other written instrument may be printed by facsimile and any such facsimile signature and facsimile seal shall be valid and binding on this Corporation as though it were manually affixed In WITNESS WHEREOF SECURITY INSURANCE COMPANY OF HARTFORD has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 1 St day of August 1993 Attest �yCe ray* SECURITY INSURANCE COMPANY OF HARTFORD SeerBy Vice Presid t State of Connecticut County of Hartford fss On this 1 st day of August A D 19 93 before me a Notary Public in and for said State and County came the above named Vice President and Secretary to me personally known to be the individuals and officers described in and who executed the preceding instrument and they acknowledged the execution of the same as their free act and deed and being by me duly swom they did depose and say that they know the corporate seal of said Company that the seal affixed to the preceding instrument was affixed at their direction and the corporate seal affixed in accordance with the authority of the Board of Directors of said Company IN TESTIMONY WHEREOF I have hereunto set my hand and seal the day and year first above written JO,�HV L "4,� My commission expires October 31 1997 N tary Public Hartford County Connecticut CERTIFICATION I Stanley G Fullwood Secretary of SECURITY INSURANCE COMPANY OF HARTFORD certify that the foregoing power of attorney the above quoted Article of the By Laws and the Resolution of the Board of Directors have not been abridged or revoked and are now in full force and effect as of the date hereof -.rfi0 NA4 Signed and sealed at Farmington Connecticut this 11th day of December 1995 A. Q. CS Secre F - 40704-0 (3/95) SECURITY INSURANCE COMPANY OF HARTFORD FAP-MI VGTON CT LABOR AND MATERIAL PAYMENT BOND Approved by the American Institute of Airiutects A. L A. Document No A 311 (February MO Edition) BONDNUMBER cPOgnnzgS SNOW ALL MIEN BY THESE PRESENTS That ADVANCED ENVIRONMENTAL CONCEPTS, INC as Prncipal, hereinafter called Principal, and Security Insurance Company of Hartford, a corporation otgamzed and existing under the laws of the State of Connecticut as Surety hetematter called Surety are held and firmly bound iuhw CITY OF HUNTINGTON BEACH as Obligee hereinafter called Owner for the use and benefit of clatmants as herembelow defined inthe amount of ONF HUNT)RFD ELEVEN THOUSAND, FIFTY—FIVE & NO/100ths----------- -Um($111,055 00------------�) for the payment whereof Principal and Surety bind themselves their heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREASDECEMBER 11, Principal has by written agreement dated 19� entered into a contract with Owner in accordance with drawings and specifications prepared by (Here umn full rune, ude and address) which contract is by reterence made a part hereon and is hereinafter referred to as the Contract. NOW THEREFORE THE CONDITION OF THIS OBLIGATION is such diat if the Principal shall promptly make payment to all claimants as herernamr defined for all labor and tnarenn used or reasonably required for use in the performance or the Contract, then this obligation shall be void otherwise it shall remain in full force and effect, subject, however to the following conditions (1) A cialmant is defined as one having a direct contract with the Prmcipal or with a sub -contractor of the Ptuncioal for labor material or both used or reasonably required for use in due performance of the contract, labor and material being construed to include that part of water gas power light, heat, oil gasoline telephone service or rental of equipment directly applicable to the Contract. (2) The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days aver the date of which the last of such claimant s work or labor was done or pertormed or materials were furntshed by such ciatmam may sue on this bond for the use of such claimant prosecute the suit to final judgment for such sum or stuns as may be justly due claimantand have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit, (3) No stet or action shall be commenced hereunder by claimant, (a) Unless claimant other than one having a direct contract with the Prmcmal, shall have given written nonce to any two of the following The Principal the Owner or the Surety above named within ornery (90) days atter such claimant did or performed the last or the work or laoor or rurntshed the last or the nidcendls ror which said claim is made rating with substantial accurac,. the amount Llauncd and the name of the parry to whom die mamnals were Aumrched or for whom the work or labor was done or performed Such nonce shall be served by mathng the same by registered mail or certified mail postage prepaid, in an envelope addressed to the Principal Owner or Surety at any place where an orfice is regularly maintained for the transaction of business or served in any manner in which legal process may be served in the state in which the aforesaid project is located save that such service need not be made by a public officer (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood however that if any limitation embodied in this bond is prohibited by any law controlling the construction hereor such hmimnon shall be deemed to be amended so as to be equal to the rrummum period of limitation permitted by such law (c) Other than in a state court or competent jurisdiction in and for the county or other political subdivision or the state s- whim the oroject, or any part thereor is situated or in the United States District Court for the district in wtuch the project, or any part rhe�cor s situated, and not elsewhere (4) The amount of this bond shall be reduced by and to the extent of any payment or payments trade in good taith hereunder inclusive of the payment by Surety or mechanics bens which may be tiled or record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond Signed and sealed this 11 th day of December 19 9�� (Witness) ADVANCED ENVIRONMENTAL CONCEPTS, INC (SEAL P cipal BY "Jonathan L Buck Tits. President Se — Insurance Company of Hartford BY (S--,LL, (yritness) J Auto ey ful isfaithful­ l F'Oi4,$ Tha bond is sued simnitaneousiy with performance bond in favor of the Owner conditioned on the full and faithful perto r i 3 e Contpyt ,, t tt o r,, Lly SECURITY TSUR.ANCE COMPANY OF .TFORD FARMIlVGTON CT PERFORMANCE BOND Approved by The American Institute or Art hate= A L A. Document No A 311 (February 1970 Edinon) BOND NUMBER SCG500385 SNOW ALL INIEN BY THESE PRESENTS That _ ADVANCED ENVIRONMENTAL CONCEPTS,INC- as Principal hereinafter called Contractor and Security Insurance Company of Hartford a corporation organized and existing under the laws of the State of Connecticut, as Surety hereinafter called Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee hereinafter called Owner in the amount of ONE HUNDRED ELEVEN THOUSAND, FIFTY-FIVE & NO/100ths-------------------------------------- noilars(S 1113,055 00---------- , for the payment whereof Contractor and Surety bind themselves their heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS Contractor has by wntten agreement dated DECEMBER 111 199.5.E entered into a contract with Owner for IMPLEMENTAION OF CORRECTION ACTION PLAN AND COMPLETE SITE REMEDIATION in accordance with drawings and specifications prepared by (Here insert Will name title and address) which contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW THEREFORE, TBE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void otherwise it shall remain in full force and effect_ The Surety hereby waives nonce or any alteration or extension of time made by the Owner Whenever Contractor shall be and declared by Owner to be in default under the Contract, the Owner having performed Owner s obligations thereunder the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions or (2) Obtain a bid or bids for completing the Contract in accordance with its terns and conditions and upon determination by Surety of the lowest responsible bidder or if the Owner elects upon determination by the Owner and the Surety jointly or the lowest responsible bidder arrange for a contract between such bidde and Owner and make available as Work progresses (even though there should be a default or a succession of deraults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding including other costs and damages for which the surety may be liable hereunder the amount set forth in the first paragraph hereof The term balance of the contract pnce as used in this paragraph snail mean the total amount payable by Owner to Contractor under the contract and any amendments thereto less the amount property paid by Owner to Contractor Any suit under this bond must be instituted before the expiration of two (2) vears from the date of which final payment under the Contract falls due No rignt of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs executors administrators or successors of the Owner Signed and sealed this I Ith . day of December,--. 1995 •� in the present or ADVANCED ENVIRONMENTAL CONCEPTS, INC (SEAL) (W imess) (Witness) Pnnc pal B V v— v jNe Jonathan L Buck Tide President Security Insurance Company of Harerd 01 BY J ILYN B ENP0-m` emO z,tra�c0 "AGe 1 t ,rod n -y CALIFORNIA ALL-PURPOSOCKNOWLEOGMENT NM SW State of WASHINGTON County of GNnWnMT GH On 12/8/95 DATE Bond No SCG500385 before me, SANDRA K JAMES NAME TITLE OF OFFICER E.G.. JANE WE NOTARY PUBLIC personally appeared JERILYN WIBBENS - NAME(S) OF SIGNER(S) I personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac- knowiedged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITWSS my hand and official seal OPTIONAL Thougn the data below is not reoui-ed by law it may prove valuable to persons relying on the document and could Drevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER Q INDIVIDUAL 0 CORPORATE OF,=iC,-- Miss) 0 PARTNER(S) 7 LIMITED 0 GENERAL CZ A7TORNEY4N-FACT 0 TRUSTE,--(S) Q GUARDIANICONSE it VATOR El OTHER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESEN71NG NAME OF POISMM OR 13MY(ISM SECURITY INSURANCE COMPANY OF HARTFORD SIGNER(S) OTHER THAN NAMED ABOVE PIA 01993 NATIONAL NOTARY ASSOCIATION 8=15 SOnmet Ave