HomeMy WebLinkAboutEnvironmental Monitoring Group - Not to Exceed $75,000.00 - 2006-05-03To:
City Clerk
Contracts Submittal to
City Clerk's Office
1. Name of Contractor: Environimental Monitoring Group
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake "Huntington Central Park
Provide as needed services for capital improvement projects
3. Amount of Contract: Not to exceed $75,000
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to 'Risk
Management
Initiating Dept._
City Treasurer _ ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
City Attomey's Office
Date: 5/9/2006
g:/Attymisc/forms/city clerk contract transmittal.doc
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
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Table of Contents
Scope of Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Terminationof Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
CityEmployees and Officials..................................................................................7
Notices......................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
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THIS AGREEMENT ("Agreement") is made and entered into this 3 2A day of
iqq 20 0(w, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
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hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
;and
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Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates �0 H N. PH A ffl who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profservl0/15/01-A 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
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"Commencement Date"). This Agreement shall expire on Ot+Tl cA unless
sooner terminated as provided herein.
These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
BT 7'/k--t t-t 0
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agree/forms/profsery 10/ 15/01 -A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agree/forms/profsery 10/15101-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/forms/profserv10/15/01-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profsery 10/15/01 -A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agree/forms/profsery 10/ 15/01-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
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When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agree/forms/profservl0/15101-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/forms/profsery 10/1510 1 -A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree/forms/profserv10/15101-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27, ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/1510 1 -A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
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resident/Vice President
AND
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
Director of Public Works V
(Pursuant To HBMC §3.03.100)
AS TO FORM:
5' r / ,.I"/✓�' ity Attorney
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print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst. Lam'
Secretary — Treasurer City Administrate
(only for contracts $50, 000.00 and over)
Penelope Culbreth—Graft, DPA
agree/forms/profsery 10/15101 -A 11
CITY OF HUNTINGTON BEACH
PUBLIC WORKS ENGINEERING DIVISION
REQUEST FOR PROPOSALS
for
Hazardous Materials Testing, Inspection, and Abatement Services
for
Capital Improvement Projects
PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to:
Duane D. Wentworth
Contract Administrator
Engineering Division
Department of Public Works
City of Huntington Beach
City Hall
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. M. on March 13, 2006. Five copies of the proposal shall be submitted in a
sealed envelope and marked: "Proposal for As -needed Testing and Inspection Services".
Additionally, a fee proposal shall be submitted in a separate, sealed envelope and marked "Fee
Proposal for As -needed Testing and Inspection Services" Proposals received after the
specified time will not be accepted and will be returned unopened. Questions regarding
this request may be addressed to Duane Wentworth at (714) 536-5517.
INDEX
SECTION
PAGE
I.
Introduction
2
II.
Schedule of Events
2
III.
Scope of Work
2
IV.
City's Responsibilities
3
V.
Fee Proposal Requirements
3
VI.
Proposal Requirements
4
VII.
General Requirements
6
VIII.
Consultant Evaluation & Selection Process
7
tNla::',ItINi'rDIVI'SION',\bENC\VORCfi\RPP'"ENV LRONMENTA1- tES`I1TNG:RI-PI NVJR0Ni\•1[N'rAL.1_)0C
CITY OF HUNTINGTON BEACH
Envimmen l Testing and Inspection Services RFP
2/7/06
Page 2
I. INTRODUCTION
The City of Huntington Beach, Department of Public Works, Engineering Division is
requesting proposals from qualified Environmental Testing, Inspection, and Abatement firms
to provide environmental testing, inspection, and abatement services on an "as needed" basis
for projects to be determined during the term of the contract, including federally funded
projects under the Community Development Block Grant program and projects funded by
other agencies. A total of two consultants will be selected to sign a three-year agreement for
performing these services.
II. SCHEDULE OF EVENTS
2/21/06 - Issuance of Request for Proposals
3/13/06 - Proposals due at City Hall by 4:00 p.m.
4/17/06 - City Council Approval of Consultant Contract (estimated date)
III. SCOPE OF WORK
The scope of work for the respective phases of the consultant's services shall include but not
be limited to the following items:
1. General Requirements:
a. Provide field inspections and testing to determine the existence and extent of
hazardous substances including asbestos, lead paint, etc.
b. Recommend method of remediation on affected work and advise the City of acceptance
standards.
c. Perform remediation of affected areas as directed by the City. (Optional service. Not
required)
d. Submit field reports to the City immediately after tests and inspections are completed.
Submit and distribute typed inspection and testing reports to the City's Public Works
Agency and the Planning and Building Agency in accordance with "UBC" and " Green
Book' requirements and to other concerned parties within a week after the work is
performed.
e. Submit a final report to the City upon completion of each project.
f. Communicating effectively both orally and in writing, inspecting all types of
construction work including but not limited to street improvements, drains, buildings,
and pump stations.
g. Perform abatement inspection services.
CITY OF HUNTINGTON BEACH
Environmental Testing and Inspection Services RFP
2/7/06
Page 3
2. Special Requirements:
All testing, inspection, and remediation work will be completed in strict conformance with
applicable Federal, State, and Local codes and requirements.
3. Reporting Test Results:
a. Test results will be submitted to the City immediately upon obtaining the results
b. Test results will include a remediation plan if so requested by the City.
IV. CITY'S RESPONSIBILITIES:
1. Furnish construction plans and specifications to the consultant as required.
2. Coordinate with the contractor regarding work schedule and notify the consultant 24
hours in advance for the required inspections and tests.
V. FEE PROPOSAL REQUIREMENTS
In order to compare proposed fees on an equal basis, the consultant shall complete the
following FEE SCHEDULE, attached as Attachment D, and submit it to the City in a
separate, sealed envelope. It is expressly emphasized that this FEE SCHEDULE is not a bid.
It is used for a cost comparison purpose only. The City reserves the right to ask the selected
firm to perform only part of the estimated work. The City does not guarantee the quantity of
the work to be performed by the selected testing firm. The consultant shall be paid for the
actual services provided for the project according to the proposed hourly rates and unit costs.
In addition to the FEE SCHEDULE, the consultant shall submit another fee proposal to
include testing and inspection services that can be provided by the firm but are not included
in the FEE SCHEDULE. This fee proposal should be included in the aforementioned
envelope.
CITY OF HUNTINGTON BEACH
Falvitnnmer" Testing and Inspection Services RFP
?17/06
Page 4
VI. PROPOSAL REQUIREMENTS
Although the City requires no specific format, this section is intended to provide guidelines to
the consultant regarding features, which the City will look for and expect to be included in the
proposal.
1. Content & Format
The City requests that proposals submitted be organized and presented in a neat and
logical format and be relevant to these services. Consultant's proposal shall be clear,
accurate, and comprehensive. Excessive or irrelevant material will not be favorably
received.
Proposals shall contain no more than 20 typed pages using a 10 point minimum font
size, including transmittal/offer letter and resumes of key people, but excluding
Index/Table of Contents, tables, charts and graphic exhibits. The purpose of these
restrictions is to minimize the costs of proposal preparation and to ensure that the
response to the RFP is fully relevant to the project. The separately submitted Fee
Proposal should contain only enough pages to clearly respond with the information
that is requested in the RFP.
The proposal should include the following:
• Transmittal/offer letter.
• Index/Table of Contents and page numbering.
• Team Organization including an organization diagram.
• Approach to the Project.
• Descriptions of similar projects by key staff to be used on this assignment.
• Brief resumes of key staff.
• Project schedule.
2. Scope of Services
A description of the work program that will be undertaken shall be included in this
section. It should explain the technical approach, methodology and specific tasks and
activities that will be performed to address the specific issues and work items
identified in the RFP. It should also include a discussion of constraints, problems and
issues that should be anticipated during the contract, as well as suggestions for
approaches to resolving them.
3 Statement of Qualifications
The information requested in this section should describe the qualifications of the
firm, key staff and sub -consultants in performing projects within the past five years
that are similar in scope and size to demonstrate competence to perform these
services. The projects listed should be those that the key staff named for this project
was responsible for performing services. Information shall include:
CITY OF HUNTINGTON BEACH
Environmental Testing and hTection SemcesRFP
?l//06
Pages
• Names of key staff that participated on named projects and their specific
responsibilities.
• The client's name, contact person, addresses and telephone numbers.
• A brief description of type and extent of services provided.
• Completion dates (estimated, if not yet completed).
• Total costs of the projects.
There should be included in the section brief resumes of key personnel who will
provide these services demonstrating their qualifications and experience. Resumes
should highlight education, experience, licenses, relevant experience and specific
responsibilities for services described.
1. Project Team
The purpose of this section is to describe the organization of the project team including
sub -consultants and key staff. A project manager and an alternate project manager
shall be named who shall be the prime contact and be responsible for coordinating all
activities with the City. An organization diagram shall be submitted showing all key
team members and illustrating the relationship between the City, the project
manager, key staff and sub -consultants. There also should be a brief description of
the role and responsibilities of all key staff and sub -consultants identified in the team
organization.
2. Fee Proposal
A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "Fee
Proposal" along with the name of the project. The information and detail included in
the fee proposal shall conform to the provisions of Section V., Fee Proposal
Requirements, of this RFP.
A work program and a breakdown of labor hours by employee billing classification
together with the cost of non -labor and sub -consultant services shall be included with
the fee proposal. The labor breakdown shall be compiled based on a listing of work
tasks that correlates with the consultant's defined scope of work for the project
proposal. This information will be used by City staff to evaluate the reasonableness of
the fee proposal and may be used in negotiating the final fee amounts for the contract
agreement.
The Fee Proposal of the three top ranked consultants will be opened at the conclusion
of the consultant evaluation and selection process. Fees will not be used to determine
the ranking of the consultants. The Fee Proposals of those consultants not ranked in
the top three will be returned to them unopened upon award of a contract to the
selected consultant.
• The City will negotiate the final fee with the top ranked consultant, if necessary.
• Reimbursable expenses shall not be allowed unless negotiated prior to a contract.
• Price escalations during the contract term are disfavored, and shall be approved in
negotiations prior to a contract.
• Consultant will be required to pay prevailing wages when working on any City,
State or Federally funded project.
CITY OF HUNTINGTON BEACH
Envmment d Testing andhipmtion Services RFP
?J7/06
Page 6
1. Statement of Offer & Signature
The Proposal and separate Fee Proposal shall each be signed by an individual
authorized to bind the consultant and both shall contain a statement that the
proposals are a firm offer for a 60-day period.
VI. GENERAL REQUIREMENTS
1. Insurance Requirements
The consultant shall furnish with the proposal proof of the following
minimum insurance coverage. These minimum levels of coverage are required to
be maintained for the duration of the project:
a. General Liability Coverage - $1,000,000 per occurrence for bodily injury and
property damage. If Commercial General Liability Insurance or other form with a
general limit is used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice the required
occurrence limit.
b. Professional Liability Coverage - $1,000,000 per occurrence (Note: A "claims
made" policy is acceptable).
c. Worker's Compensation Coverage - State statutory limits.
Deductibles, Self -Insurance Retentions or Similar Forms of Coverage Limitations
or Modifications must be declared to and approved by the City of Huntington Beach.
The consultant is encouraged to contact its insurance carriers during the
proposal stage to ensure that the insurance requirements can be met if
selected for negotiation of a contract agreement.
2. Standard Form of Agreement
The consultant will enter into an agreement with the City based upon the contents of
the RFP and the consultant's proposal. The City's standard form of agreement is
included as Attachment A. The consultant shall carefully review the
agreement, especially the indemnity and insurance provisions, and include
with the proposal a description of any exceptions requested to the standard
contract. If there are no exceptions, a statement to that effect shall be
included in the proposal.
CITY OF HUNTINGTON BEACH
FnvMmcntal Testing and Inspection Services RFP
2/1/06
Page 7
3. Disclaimer
This RFP does not commit the City to award a contract or to pay any costs incurred in
the preparation of the proposal. The City reserves the right to extend the due date for
the proposal, accept or reject any or all proposals received as a result of this request,
negotiate with any qualified consultant or cancel this RFP in part or in its entirety.
The City may require the selected consultant to participate in negotiations and to
submit such technical fee or other revisions of their proposals as may result from
negotiations.
4. Assigned Representatives
The City will assign a responsible representative to administer the contract and to
assist the consultant in obtaining information. The consultant also shall assign a
responsible representative (project manager) and an alternate, who shall be identified
in the proposal. The consultant's representative will remain in responsible charge of
the consultant's duties from the notice -to -proceed through project completion. If the
consultant's primary representative should be unable to continue with the project,
then the alternate representative identified in the proposal shall become the project
manager. Any substitution of representatives or sub -consultants identified in the
proposal shall first be approved in writing by the City's representative. The City
reserves the right to review and approve/disapprove all key staff and sub -consultant
substitution or removal, and may consider such changes not approved to be a breach
of contract.
VII. CONSULTANT EVALUATION & SELECTION PROCESS
The City's consultant evaluation and selection process is based on Qualifications Based
Selection (QBS) for professional services. The following criteria will be used in evaluating
the proposals using a point value system (100 points) based on the weighting indicated
below.
1. Grasp of the project requirements including identification of critical elements and key
issues. (10 points)
2. Technical approach and work plan for the project, including innovative approaches.
(25 points)
3. Qualifications and experience of the key individuals and sub -consultants. (30 points)
4. Results of reference checks. (15 points) Reference checks will only be conducted for a
short list of firms or the top rated firm.
5. Clarity of proposal. (10 points)
6. Compliance with proposal requirements including the 20-page limitation. (10 points)
The City may elect to interview a short list of qualified firms or to interview only the top
rated firms based on the proposals submitted for the project.
The City staff will negotiate a contract with the best qualified firms for the desired
consulting services at compensation which the City staff determines is fair and reasonable
to the City. Should the City staff be unable to negotiate a satisfactory contract with the
CITY OF HUNTINGTON BEACH
EnvimrnnentalTes6 andInspectionServicesRFP
2J7/06
Page 8
firm considered to be the most qualified, negotiations with that firm shall be formally
terminated. Negotiations will then be undertaken with the next most qualified firm.
ATTACHMENTS
Attachment A- Sample City Contract
Attachment B Fee Schedule
Attachment B
Fee Schedule
Provide hourly rates for the following tasks:
1. Lead Monitoring, full day rate per person (8-hour shift) plus
four (4) lead samples, laboratory analysis (normal turn -around),
equipment, materials, travel time,, mileage, expenses, and final
report included.
2. Asbestos air monitoring, full day rate per person (8-hour shift)
plus six (6) PCM samples, laboratory analysis (normal turn-
around), equipment, materials, travel time, mileage, expenses, and
final report included.
3. On -site building inspection per person (8-hour shift) for asbestos
excluding sampling costs per site.
4. Rate per hour for industrial hygienist exceeding (8-hour limit)
Provide rates for the following tests:
1. Lead in air, paint, dust, soil -per sample, normal turn -around.
2. Lead in air, paint, dust, soil -per sample, rush -same day turn-
around.
3. Phase contrast microscopy (PCM) — obtain fiber count/per sample,
normal turn around.
4. Phase contrast microscopy (PCM) — obtain fiber count/per sample,
rush -same day service.
5. Polarized light microscopy (PLM) — bulk asbestos sample/per
sample, normal turn around.
CITY OF HUNTINGTON BEACH
&mmmcntal Testing and hTectim SamcesRFP
217/06
Page 9
Provide rates for the following personnel and services:
1. Industrial Hygienist
2. Project Manager
3. Field Technician
4. Certified Lead Inspector
5. Certified Industrial Hygienist
6. Travel Time
7. Mileage
8. Other personnel, services or testing, or fees applicable to your
services
Fee Proposal for As -needed Asbestos,
Lead Paint Testing and Inspection
City of Huntington Beach
March 2006
1. Lead monitoring, full -day rate per person (8-hour shift) plus four (4)
lead samples, laboratory analysis, equipment, materials, travel time,
mileage, expenses and final report included $450.00
2. Asbestos air monitoring, full -day rate per person (8-hour shift) plus six
(6) pcm samples, laboratory analysis, equipment, materials, travel time,
mileage, expenses and final report included $475.00
3. On -site building inspection for asbestos excluding sample per site $375.00
4. Rate per hour for Industrial Hygienist exceeding limit $75.00
5. Polarized Light Microscopy (PLM) — Bulk sample/per sample, normal
turn- around $16.50
6. Phase Contrast Microscopy (PCM) — obtain fiber count/per sample, $7.00
normal turn -around
7. Phase contrast microscopy (PCM) — obtain fiber count/per sample, rush
— same day service $8.00
8. Lead in air, paint, dust, soil — per sample, normal turn -around $20.50
9. Lead in air, paint, dust, soil — per sample, rush — same day service $37.50
Ickg4c
Environmental Monitoring Group
Fee Proposal for As -needed Asbestos,
Lead Paint Testing and Inspection
City of Huntington Beach
March 2006
1. Industrial Hygienist
2. Project Manager
3. Field Technician
4. Certified Lead Based Paint Inspector
5. Certified Industrial Hygienist
6. Travel Time
7. Mileage
$60.00 per hour
$70.00 per hour
$45.00 per hour
$65.00 per hour
$95.00 per hour
$45.00 per hour
$.37 per mile
Kki4c
Emironmental Monitoring Group
�`3'`3J'a�� VL111 11 1V 1 4w v■ r.0 •w■■.r■ a ■ -
RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BC ENVIRONMENTAL INS. SR KERS INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1037 SUNCAST LANE, SUIT 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
EL DOPADO DILLS, CA 957 2
1-916-939-1080 INSURERS AFFORDING COVERAGE NAIL#
ISURED EMG COMPANY INSURER A: A=ELICAN SMTY CASUALTY INS . CO.
INSURER B:
7500 SUZI LAME INSURER C:
WESTMINSTER, CA L26183 INSURER D:
I INSURER E:
THE POUCIES OF INSURANCE LISTED BELO HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLI(
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIC
MAY PERTAIN, THE INSURANCE APPORDED BY THE POUCIi;S DESCRIBE(} HEREIN IS SUBJECT TO ALL THE TERM:
POLICIES. AGGREGATE LIMITS SHOWN MAY 14AVEBEEN REDUCED BYPAID CLAIMS.
TR
R4
TYPE INSURANCEi
POLICY NUMBER
I ¢OLICYY FE THE
DATE MNVDD
POUCYF,(PIIATION
DATE Wopr'
GENERAL LIABILITY
x COMMERCIAL GENERAL LIABILITY
CLARASMADE Q OCCUR
A
x.PROFESSIONAL _
NVOI1855-06-01
01/05/06
01/05/07
TRO.12/31/2003
CLAIMS MADE
GEN'L AGGREGATE LIMIT APPLIES PER:
x I POLICY I i Loc
AUTOMOBILE LIABILITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
A
X HIRED AUTOS
ENVOI1855-06-01
01/05/06
01f 05/07
i
x ' NON-OWNEDAUTOS
INC . IN GL
i
II
AGE LIABILITY
ANYAUTO
sSSAJMBRELLA LIABILITY
OCCUR LI CLAIMSMAOE
DEDUCTIBLE
RETENTION 6
WORKERS COMPENSATIONAND
EMPLOYERS' LIABILITY
ANY PRQmtf0WPARn4SvmMcUTNE
oPPIcERmAmmm fxcuA.> w APPR VED kS TO
SPECPROVISIONS below I I l YS I I
City ttorney
0y
iESCRIPTIONOFOPERA'nONSILOrATIONSIVEH14 LEST EXCLUSIONS ADDED SYENDORSEMENTISPECIAL PROVISION5
RE: ALL OPERATIONS
THE CITY Or HUNTINGTON BEACH, ITS EFFECTED AND APPOINTED BOAR
AGENTS AND EMPLOYEES 1WE BEEN NAMED AS ADDITIONAL INSURED N
GENBRAL LIABILITY ONLY.
FICATE
CITY OF HUN
ATTN: DUANE
2000 MAIN S'
14UNTINGTON
ACORD25(2001/08)
ON BEACH
WORTH
/P.O. sax 190
, CA 92648
Y PERIOD IN010ATED. NOTWITHSTANDING
H THIS CERTIFICATI= W%Y
BE ISSUED OR
EXCLUSIONS AND CONDITIONS OF SUCH
LIMITS
EACH OCCURRENCE
$ 1 Q00 000
PREMISES Ea mctureno
$ 50,000 •.
MEDEkP(Any oneperson)
$ 511 000
PERSONAL& ADV INJURY
5 1 000 000
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMPIOPAGG
5 2,000 000
COMBINED SINGLE LIMIT
$ 1r 004r D00
(Eaacciden4)
BODILY{NJURY
$
(Per perran)
BODILYINJURY
$
(Peraodd®nt)
PROPERTY DAMAGE
5
(Pwo�idern)
AUTO ONLY-EAACCIDEI17
$
OTHERTHAN EAACC
$
$
AUTOONLY: AGG
EACH OCCURRENCE
$
AGGREGATE
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$
$
TATU
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5
E.L. DISEASE - M EMPLOYE
$
E.L. DISEASE- POLICY LIMIT
1 S
9
3S, OFFICERS,
LTH RESPECT To
THE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED SEFORE THE EXPIRATIO'
DATE THEREOF, THE ISSUING INSURER WILL]MEYAOMO MAIL 30 DAYS WRfmN
NOTICE TO THE CERTIFICATE HOLDER -NAMED TO THE LEFT, 1MKJLXM9=§LM*k
Fw"wl=omx
MOAAo6---
0 ACORD CORPORATION 1988
z00d L08'OF1 �L80E68bTLT6 <- 1d1F12wo�I I,1E OH OE:zT 9003./170119
05/03/2006 02:52 7140000000 PAGE 02/02
POLICYHOLDER COPY SP
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMP6MATION INSURANCE
ISSUE DATE: 03-10-2006 GROUP:
POLICY NUMBER; 1466900-2006
CERTIFICATE P. 28
CERTIFICATE EXPIRES; 03-01-2007
03-01-2000/03-01-2007
This is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the
California insurance Commissloner to the employer named below for the policy period Indicated
This policy is not subject to cancellation by the Fund except uPon30 days advance written notice to the employer.
We will also give you 30days advance notice should this policy be cancelled prior to Its normal expiration.
This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy Noted herein. Notwithst any, requiremarM, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the pollcy described herein Is subject to ail the terms., exclusions. and conditions, of such policy.
THOR17-M REPRESENTATI PRESIDENT
UNLESS INDICATED OTHERWISE BY ENOORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING:
THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER;
EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING
CALIFORNIA WORKERS,* COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS'
COMPENSATION LAN.
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS' $1.000,000 PER OCCURRENCE.
ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03-01-2001 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
NNGJYEN. FRANCES N AND PWW, JDM VAN INIA; EMIR.
COMPANY
75M SUZI LN
WESTMINSTER CA 92693
(Rev.2-06)
APPROVED ST FO
�kNJFER McGRAT , City'kttorne)
"G,CNI
PRINTED ; 03-10-2000
THIS
NT CHANCES THE POLICY. PLEASE READ IT CAREFULLY
This Endorsement shall ni
our limits of insurance,
SECTION III - LIMITS OF I.
In consideration of the payment
agreed that the following prov
policy -
A. The following shall be
COVERAGE X. Par. 1. as
of the policy:
d
ASCIC 98 06 1199
NAL INSURED COVERAGE ENDORSEMENT
serve to increase
as described in
3URANCE,
premiums, it is hereby
>ns are added to the
to SECTION I,
araphs d. and e.
Any person shown as an Additional Insured'on a
certificate of insurance issued by us or our
authorized representativ , or by endorsement to
the policy, provided such person is required to
be named as an Additi nal Insured in a written
contract with you, shall be entitled to coverage
hereunder solely for claims" or "suits" for
"bodily injury" or "p perty damage" arising
solely out of your heg lgence. The limits of
insurance provided to uch Additional Insured
shall be limited to the lesser of the, limits of
insurance required in a written contract with you,
or the limits of insu ante as described in
SECTION III - LIMITS OF INSURANCE under
the policy. ' No obligotion for defense or
indemnity under the policy is provided to any
Additional Insured for "claims" or "suits" directly
or indirectly "arising from" the status, actions or
inaction. including (without "limitation) for
vicarious, derivative or strict liability of said
Additional Insured, its agents, consultants,
servants, contractors or subcontractors (other
than the Named Insured), except for the actions
or inactions of the Named Insured.
e. We will have no duty to defend any insured,
other than the Named Insured, except when the
sole allegation against that insured Is vicarious
liability for the sole negligence of the Named
Insured.
All terms, conditions and exclusions of the policy,
including, but not limited to, any deductible or self -
insured retention, shall apply to such Additional
Insured.
All other terms, conditions and exclusions under the
policy are applicable to this Endorsement and remain
unchanged.
98end 06.doc
1999 American Safety Casualty Insurance Company
Page 1 of 1
MEN LOWOhi 3L80CG817tiuTG 4 -1HiFGW09IAF13 09 OC:ET 90031AP0.1-10
1 PROFESSIONAL SERVICE CONTRACTS
tiPURCHASING CERTIFICATION
1. Requested by: Duane D. Wentworth
2. Date: April 25, 2006
3. Name of consultant: Enviromental Monitoring Group
4. Attach the written statement of the specification, conditions and other
requirements for the requested services that was provided to solicted
consultatnts in your answer to 11 of this form.
5. Amount of the contract: $70,000.00
6. Are sufficient funds available to fund this contract?I ® Yes, ❑ No
7. Company number and object code where funds are budgeted: C P, Qcr- RLuJ cc T
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
' If the answer to any these questions is "No," the contract will require approval from the City Council.
EMG Cert 4/25/06 1:48 PM
Environmental RFP List
Integrity Environmental Consultants, Inc.
95 Argonaut, Suite 210
Aliso Viejo, CA 92656
ATTN: Massoud Randari
Phone: 949-586-1414
Environmental Monitoring Group
7500 Suzi Lane
Westminster, CA 92683
ATTN: John Pham
Phone: 714-893-5166
American Environmental Specialists, Inc.
15183 Springdale Street
Huntington Beach, CA 92649
ATTN: James F. McClung, Jr.
Phone: 379-3333