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Home My WebLink AboutSUNSHINE MAKERS, INC. dba SIMPLE GREEN - 2000-07-05 i CITY OF HUNTINGTON BEACH MEETING DATE: July 5, 2000 DEPARTMENT ID NUMBER: CS 00-020 a Council/Agency Meeting Held: *�—5'w Deferred/Continued to: AArkproved ❑ Conditio lly Approved ❑ Denied C Signature Council Meeting Date: July 5, 2000 Department ID Number: CS 00-020 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS : =-=. r� SUBMITTED BY: RAY SILVER, City Administrator#240 r PREPARED BY: RON HAGAN, Director, Community Services Department .r, SUBJECT: APPROVE THE AGREEMENT BETWEEN THE CITY AND SUNSHINE MAKERS, INC. DBA SIMPLE GREEN FOR THE EXPERIMENTAL BIOREMEDIATION PROJECT IN HUNTINGTON CENTRALPARK Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issu : . Whether to accept the bioremediation grant funded through the federal Department of Housing and Urban Development (HUD) for use as a former oil well site in Huntington Central Park, and enter into a contract with Sunshine Makers to perform the bioremediation. Fundina Source: Loan from General Fund Unappropriated Fund reserve to be reimbursed With grant funds from HUD, $323,750. HUD would reimburse City prior to the end of the calendar year. Recommended Action: Motion to: 'I. Approve the agreement with Sunshine Makers, Inc. dba Simple Green as the prime contractor of the bioremediation project grant for Huntington Central Park, 'and authorize the Mayor and City Clerk to execute same; and 2. Approve an amendment to the mid-year budget by appropriating $323,750 from the General Fund Reserve to Contractual Services account E-AA-CS-340-390-00 for bioremediation project in Huntington Central Park. This is a loan that will be reimbursed by the HUD grant. Q .f Blovernediation Grant w-simple Green CS00-020 -2- 6/M00 3:42 PM I% REQUEST FOR ACTION MEETING DATE: July 5, 2000 DEPARTMENT ID NUMBER: CS 00-020 Alternative Actionts): Do not accept the HUD grant and do not move forward with the soil mitigation in HCP at this time. Analysis: In March 1998, Council adopted criteria for requests for appropriation of funds. The criteria included unanticipated emergencies, a requirement to implement labor negotiations, or a new expense offset by related new revenues. With the approval of the HUD grant for bioremediation, the City will receive $323,750 and therefore meets the third criteria. Congressman Dana Rohrabacher has successfully supported a bioremediation grant with the federal government for new technology (see attachment 1). The grant will be administered by the Department of Housing and Urban Development and is for $323,750. The technology reduces the bioremediation period from 12 — 24 months to 45 — 75 days. If this technology is successful, it would have a significant impact on time and costs addressing oil remediation. H & H Eco Systems, in partnership with Sunshine Makers, Inc. dba Simple Green, has developed an innovative new technology for the treatment of soil contaminated by recalcitrant hydrocarbon contaminants using the Microenfractionator and Solid State Chemical Oxidation process. Simple Green contacted the City for a beneficial test site where this new technology could be applied. The City, working with Simple Green, H & H Eco Systems, Park Environmental, and Congressman Rohrabacher's office, selected the northwest corner of Goldenwest and Ellis in Huntington Central Park (see Attachment 3). This area was the site of a former oil operation. It includes three inactive oil wells. The area selected would be an ideal site because it is master-planned for the Therapeutic Riding School, open turf play area, tot lot, parking (including overflow parking area), and general public use. The City is proposing entering into an agreement with Simple Green as the primary contractor on the project to coordinate with the subcontractors including H & H Eco Systems and Park Environmental. In order to create this working partnership, it is necessary for the City to enter into an agreement with Simple Green. The City has already filed the necessary grant application and has now received HUD approval. This Request for Council Action will approve the agreement as well as allocate $323,750 (Attachment 1) from the General Fund Unappropriated Reserves that will be reimbursed by the federal HUD grant. The site within Huntington Central Park is currently used as an overflow parking area for equestrian events as well as for temporary stalls for the larger equestrian events. Staff has insured that the bioremediation does not impact the City's Summer Equestrian Classic event which benefits the City's Art Center. The bioremediation project would begin in September, after the Classic has concluded, to avoid potential conflicts on the site. The City Attorney has determined that although this is a public works contract, it is unnecessary to follow normal bidding procedures under the City Charter because it involves a federal grant for new technology and there is only one source for the contract. Bioremediation Grant w-Simple Omen CS00-020 -2- 6126100 3:42 PM REQUEST FOR ACTION MEETING DATE: July 5, 2000 DEPARTMENT ID NUMBER: CS 00-020 Environmental Status- Pursuant to 24 CFR 58, the City prepared an Environmental Assessment consistent with National Environmental Policy Act requirements. It was determined that a "Finding of No Significant Impact" was warranted. Pursuant to the California Environmental Quality Act, Section 15330-Class 30, the project was determined to be categorically exempt. gttachmentisl- City Clerk's D- 1. HUD Grant approval letter dated 4/13/00 2. Project overview 3. Site location 4. Fiscal Impact Statement 5. 1 Agreement RCA Author: Jim Engle Sloremediation Grant w-Simple Green C800-020 -2- 6126100 3:42 PM JUL. -26' 0011WED1 I :51 SIMPLE GREEN TEL:562 592 3930 P. 002 DATE PWODPrn 4. AC ORD IN. PROOLCER S y 600"1 O 0 LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Insurance Brokers, Inc C G}> k HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 725 S. rigueroa St. , 35th irl. 1►► (( �+1� + ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Los Angeles CA 90017 �V� �, + COMPANIES AFFORDING COVERAGE ! 'V� CCMPAti[Y Fbp n N 213- 9-006 r-abm 2 3-6 9-0550 A American Intl Specialty Lines INSURED COMPANY B Reliance Insurance Co. Sunshine Makers, Inc. Attn: Carol Chapin COMPANY Fax: $62-592-3830 G 15922 Pacific Coast Hwy COMPANY Huntington Beach CA 92649 p THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITMSTAND]NO ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Be ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OP INSURANCE POLICY NUMBER POLICY EFFECTIVE !POLICY 0PIRAMON LIMITS LT R DATE XWO01" DATE W WDWY) GENERALL:ARaJTY ' I GENERAL AGGREGATE S1,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS.COMPIOP AGO i < CLAWS MADE ❑OCCUR I PERSONAL a AOY INJURY = OWNER'S a mi rrRACTOR.5 PROT, I EACH OCCURRENCE $ 1 000 000 A ; X Contractors Pollul 267-3962 00/27/99 09/27/00 FIRE DAMAGE(Any am fire) 'I A X Pollution Legal 267-3963 08 27 99 08 27 00 Mr"DEXP( vcwPrwnl s AUTOMOBILE LIAR LITY ANY AUTO GOM81NEp SIN136E LIMIT S ALL OWNED AUTOS BODILY INJURY sCHEDUI,EO AUTOS ePPRO.IED A5 TO F0 im:i tPwP—FI s HIRED AUTOS G1:IL F.' iiOTi, City Attorney � BODILYIN.IURY NON-OWNED AUTOS B (P9f ea.'dtmQ P PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT i ANY ALTO OTHER THAN AUTO ONLY EACH ACCIDENT I j AGGREGATE I EXCESS UABIUTY EACH OCCURRENCE $5,000,000 APqUMRRE"FORM 2674309 08/27/99 08/27/00 AODREGATE a 5 000 000 OTHER TITAN UMBRELLA FORM I WORKERS COMPENSATION AN7 RPUM7 EMPLOYERS'LIABILITY EL EACH ACCIDENT 161,000,000 8 TK°ROPRIMpi INCL QU0621143 09/17/99 09/17/00 EL DISEASE-POL=U]M 61,000,00a PARTNER9187tECU IVE OFFICERS ARE; EXCL EL gBEASS-EA EMPLOYEE;5 1 0 00 000 OTHER 02SCR:PTI0N OF OPERATIONWI OCATIOIVSNEKr.LESISPEGAL MS The s Qf untie an Befgh i s agents, officers and loyees are named Its aV ipna insv d as their ntemeaet may appear. *10dAys notion of cance at on due to non payment or premium. G.E TiFI A FI ' �.� s '• �.•� ....R. G, QL13F�R».... C ITM01 SHOULD ANY OF THE ABOVE DESCRIBED PM.ICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,THE ISSUING COMPANY WILL MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIKICATE HOLDER NAMED TO TkF_LEFT, City of Huntington Beach XlWii�iBK��iGA[iffili�{,il�Lr�1K 2000 Main Street Huntington Beach CA 92648 X=�(11CIIII ATIVr iZ a FEDERAL GRANT EXPERIMENTAL BIOREMEDIATION PROJECT CONTRACT BETWEEN, THE CITY OF HUNTINGTON BEACH AND SUNSHINE MAKERS, INC., DBA SIMMPLE GREEN, REGARDING HUNTII\GTON CENTRAL PARK THIS AGREEMENT ("AGREEMENT") is made and entered into this 5t-h day of July , 2000, by and between the CITY OF HL'NTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SUNSHINE MAKERS, INC., dba SIMPLE GREEN, a California corporation, hereinafter referred to as "SIMPLE GREEN." WHEREAS, CITY successfully applied for and obtained a $323,750.00 experimental bioremediation grant from the federal Department of Housing &Urban Development ("HUD"); The purpose of the grant, and of the project which is the subject of this AGREEMENT, is to successfully demonstrate a soil biomediation technology developed by SIMPLE GREEN, in partnership with H&H Eco Systems, Inc., a Washington corporation ("H&H"), upon a parcel of land chosen by CITY; The innovative technology, developed by SIMPLE GREEN and H&H, concerns the treatment of soil contaminated by recalcitrant hydrocarbon contaminants, utilizing the MicroenfrationatorTm and bioremediation processes; This bioremediation technology will be applied on-site to a minimum of 1,000 cubic yards of contaminated soil up to a maximum of 3,500 cubic yards of contaminated soil. This technology is anticipated to reduce the bioremediation period from up to 18 months to 45 to 60 days and to original surface condition as set forth by CITY's Clean-Up Standard 431-92; SIMPLE GREEN contacted CITY to see if there was a test site where this new technology could be applied that would be beneficial to CITY; 00agreelsunshine/6127100 I CITY selected the former A. C. Marion Property, which it now owns, and which is part of its Huntington Central Park (the "PROJECT SITE"). The A. C. Marion Property is currently used as an overflow parking area for equestrian events as well as for temporary stalls for larger equestrian events. The A. C. Marion Property, the topography of which is currently flat with no holes or hills, is master-planned for the Therapeutic Riding School, open turf play area, tot lot, parking and general public use; The PROJECT SITE is located at the southwest corner of Ellis and Goldenwest Streets within CITY. The site is approximately 10 acres in size. Preliminary indication by The Park Corporation ("Park Corp"), a California corporation, has determined that there is the likely existence of an oil production sump or sludge pit located within the PROJECT SITE (more specifically 500 feet north of Ellis and paralleling Goldenwest and extending 30 yards west by 30 yards north); A description of the contaminated soil bioremediation project, a proposed timetable, the PROJECT's location, a description of the PROJECT plan, a proposed-budget, a description of each work task, the estimated costs, who is scheduled to perform each task, and a payment schedule, is attached to this AGREEMENT as Exhibit A and incorporated herein by reference; This AGREEMENT is a public works contract under CITY Charter §614. However, the PROJECT is exempt from the competitive bidding requirements of Section 614 for the following reasons: (a) SIMPLE GREEN has been selected to perform said services as it is the only entity or organization capable of performing the PROJECT and (b) federal grant money is being used to fund the PROJECT; not CITY funds; and 00agree/sunshine/6/27/00 2 NOW, THEREFORE, it is agreed by CITY and SIMPLE GREEN as follows: 1. WORK STATEMENT SIMPLE GREEN shall provide all those services described in Exhibit A. The treated soils on the PROJECT SITE, once SIMPLE GREEN has completed the AGREEMENT, shall comply with CITY's "Soil Clean-tip Standard-City Specification 431-92;" a copy of which has been provided by CITY to SIMPLE GREEN; and which document is incorporated by reference into this AGREEMENT. H&H, Park Corp., and others may be selected by SIMPLE GREEN to assist it in performing the PROJECT. H&H, Park Corp., and any others selected by SIMPLE GREEN, shall be deemed SIMPLE GREEN's agents, employees or subcontractors, and shall enjoy no direct contractual relationship with CITY. The services described in Exhibit A shall sometimes hereinafter be referred to as the "PROJECT." SIMPLE GREEN hereby designates Ms. Carol Chapin who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this AGREEMENT. SIMPLE GREEN may, in its sole discretion, designate another representative under this AGREEMENT by written notice delivered to CITY. SIMPLE GREEN may, in its sole discretion, prepare and publish materials which describe the results of the PROJECT, and SIMPLE GREEN, unless with CITY's prior approval, agrees not to include any statement in such materials that CITY ratifies or endorses use of SIMPLE GREEN's soil bioremediation technology. 00ag reelsu nshine/6/27100 3 2. CITY STAFF ASSISTANCE CITY has assigned a staff coordinator to work directly with CONSULTANT in the performance of this AGREEMENT. This person is Mr. Jim Engle, Deputy Director of CITY's Community Services Department. 3. TIME OF PERFORMANCE SIMPLE GREEN shall commence the PROJECT no later than October 1, 2000, and complete the PROJECT no later than twenty-four(24) weeks from the start date. SIMPLE GREEN shall complete each task within the time frames (the Proposed Project Timeline) set forth in Exhibit A. The total completion time, as well as the completion time for any task, may be extended with the written permission of CITY. 4. COMPENSATION The total fee for SIMPLE GREEN's services under this AGREEMENT shall not exceed $323,750.00. No later than ten (10) days after this AGREEMENT is executed by the parties, CITY shall pay SIMPLE GREEN the sum of 557,712.66. This sum shall represent reimbursement to SIMPLE GREEN of preliminary costs it has previously advanced for the seven (7) items under Scope of Work (Payment No. 1) on the Payment Schedule (attached Exhibit A). As to the remaining sum ($266,037.34) of the AGREEMENT price, CITY authorizes SIMPLE GREEN to work on a time and materials basis. 5. METHOD OF PAYMENT A. As to the remaining sum ($266,037.34) of the AGREEMENT price, SIMPLE GREEN shall be entitled to payments pursuant to the terms and procedures set forth in the Payment Schedule on attached Exhibit A. 00agreelsunshine16127100 4 B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by SIMPLE GREEN shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. SIMPLE GREEN shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this AGREEMENT; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by SIMPLE GREEN's representative (as designated in Section I hereinabove) that the work has been performed in accordance with the provisions of this AGREEMENT; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that SIMPLE GREEN is making satisfactory progress toward completion of tasks in accordance with this AGREEMENT, CITY shall promptly approve the invoice, in which event payment shall be made within ten (10) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify SIMPLE GREEN in writing of the reasons for non- approval within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit A shall be suspended until the parties agree that past performance by SIMPLE GREEN is in, or has been brought into compliance, or until this AGREEMENT is terminated as provided herein. 00agreelsunshine16127100 5 6 HOLD HARMLESS SIMPLE GREEN agrees to hold harmless, defend and indemnify CITY, its officers, officials, agents and employees from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with SIMPLE GREEN's performance of this AGREEMENT or its failure to comply with any of its obligations contained in this AGREEMENT by SIMPLE GREEN, its officers, agents or employees except such loss or damage which was caused by the negligence or willful misconduct of CITY. Notwithstanding the foregoing, this indemnity shall not extend to any preexisting liability CITY or others may have for conditions at the PROJECT SITE. 7. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Carle Section 1861, SIMPLE GREEN acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation. SIMPLE GREEN covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SIMPLE GREEN shall maintain workers' compensation insurance in an amount of not less than $1,000,000.00 bodily injury by accident, each occurrence, 51,000,000.00 bodily injury by disease, each employee, $250,000.00 bodily injury or disease, policy limit. SIMPLE GREEN shall require all of its subcontractors (such as H&H and Park Corp.) to provide such workers' compensation insurance for all of the subcontractors' employees and furnish proof to CITY of such coverage. SIMPLE GREEN shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance. 00agreelsunsh1ne/6/27/00 6 8. GENERAL LIABILITY INSURANCE In addition to workers' compensation insurance and SIMPLE GREEN's covenant to indemnify CITY, SIMPLE GREED shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SIMPLE GREEN, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of S1,000,000.00 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000.00 for this PROJECT. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SIMPLE GREEN's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 9. PROFESSIONAL LIABILITY INSURANCE SIMPLE GREEN shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for SIMPLE GREEN's professional liability in an amount not less than $1,000,000.00 per occurrence and in the aggregate. A claims- made policy shall be acceptable if the policy further provides that: 00agree/sunshine/6/27/00 7 A. The policy retroactive date coincides with or precedes the professional services contractor's start of work(including subsequent policies purchased as renewals or replacements). B. SIMPLE GREEN will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, SIMPLE GREEN 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. D. The reporting of circumstances or incidents that might give rise to future claims. 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, SIMPLE GREEN shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates 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 policies 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. SIMPLE GREEN shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. 00agreelsunshinel6127100 8 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SIMPLE GREEN under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SIMPLE GREEN shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR SIMPLE GREEN is, and shall be, acting at all times in the performance of this AGREEMENT as an independent contractor. SIMPLE GREEN 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 SIMPLE GREEN and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. BOND SIMPLE GREEN shall, prior to entering upon the performance of this AGREEMENT, furnish a bond, to be approved by the City Attorney, in the amount of one hundred percent of the contract price ($323,750.00), to guarantee payment of all claims for labor, equipment and materials furnished to the PROJECT SITE. 13. PREVAILING WAGE SIMPLE GREEN shall insure, not only with respect to its own employees, but also with respect to the employees of any of its subcontractors, agents or representatives, that such employees are paid the prevailing set of wages established by applicable federal and/or state laws. 00agree/sunshine/6127100 9 14. WASTE HANDLING If required, SIMPLE GREEN shall obtain, or cause to be obtained, all waste handling permits required by any federal, state or local agency. 15. TERMINATION OF AGREEMENT AND RESTORATION OF THE PROJECT SITE All work required hereunder shall be performed in a good and workmanlike manner. Either party, for any reason, whether or not the PROJECT is fully completed, may terminate this AGREEMENT, in the manner stated in Section 17 herein, upon thirty(30) days written notice to the other party. Upon notice of termination, CITY will make payment to SIMPLE GREEN for any past authorized work, and past invoices, if any. Upon notice of termination, SIMPLE GREEN shall restore the PROJECT SITE to its original topography(no holes, hills or mounds of dirt), and do so no later than thirty(30) days after notice of termination. If there is a need for SIMPLE GREEN, in restoring the PROJECT SITE to its original topography, to import soil to fill any depressions or holes on the PROJECT SITE, such imported soil shall be "agriculturally suitable" and meet CITY's clean soils standards. If any license or permit required to perform the PROJECT under the State of California's contractors licensing law is revoked or suspended, CITY may immediately terminate this AGREEMENT upon written notice to SIMPLE GREEN. If SIMPLE GREEN is otherwise in breach of this AGREEMENT, CITY shall provide notice thereof to SIMPLE GREED, and SIMPLE GREEN may prior to any termination of this AGREEMENT correct the failure within thirty(30) days after receiving CITY's written notice of the breach. 00agreelsunsh1ne16127100 10 16. CITY EMPLOYEES AND OFFICIALS SIMPLE GREEN 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. 17. NOTICES Any written notice or special instructions required to be given in writing under this AGREEMENT shall be given either by personal delivery to SIMPLE GREEN's agent(as designated in Section I hereinabove) or to CITY's Director of Community Services 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, addressed as follows: TO CITY: TO SWPLE GREEN: Mr. Ronald Hagan Ms. Carol Chapin Director of Community Services Sunshine Makers, Inc. City of Huntington Beach 15922 Pacific Coast Highway 2000 Main Street Huntington Beach, CA 92649 Huntington Beach, CA 92648 18. IMMIGRATION SIMPLE GREEN 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. 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED SIMPLE GREEN 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. SIMPLE GREEN understands that pursuant to Huntington Beach 00agree/su n sh i ne/6127/00 1 I 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 SIMPLE GREEN. 20. ATTORNEY'S FEES In the event of any dispute or disagreement between the parties concerning the terms of this AGREEMENT or the performance of a party hereunder, each of the contracting parties shall bear their own respective attorney's fees, expenses and court costs incurred in that matter(including any arbitration or litigation proceeding). 21. STATE CONTRACTORS LICENSE LAW SIMPLE GREEN, in performing, or assisting in the performance of, the PROJECT, shall comply, or insure that its agents, employees, and subcontractors comply, with the State of California's contractors licensing law. 22. FURTHER ASSURANCES CITY agrees to provide all reasonable further assurances as may be necessary or appropriate to effectuate the purposes of this AGREEMENT. 00agree/sunshine16126100 12 23. 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 written. SUNSHINE MAKERS, INC., dba SIMPLE CITY OF HUNTINGTON BEACH, a GREEN, California corporation municipal corporation of the State of California By: cc F izio, Pre ' ent and CEO Mayor By: R se Concilio, Chief Financial Officer ATTEST: REVIEWED AND APPROVED: 1 City-'Clerk Cn-U- Cit dministrator APPROVED AS TO FORM: ity Attorney �u,._? INITIATED AND APPROVED: Director ofCommunity Services 00agreelsunshinel6l26/00 13 Huntington Central Park Bioremediation Project PROJECT LOCATION: The site is located at the southwest corner of Ellis and Goldenwest streets in Huntington Beach, CA. The site is approximately 10 acres in total size. Preliminary historical investigation by The Park Corporation determined the likely existence of an oil production sump or sludge pit located approximately 500 feet north of Ellis, paralleling Goldenwest and extending approximately 30 yards west by 30 yards north. Soil samples were pulled from this location for testing and determination of remediation plan. PROJECT PLAN: Upon acceptance of the grant application, .The Park Corporation, an environmental - engineering firm, has investigated the history of the site through historical records, land leases, and aerial photographic records. They also worked with various City staff to determine the location of such features as, prior oil wells, tank farms, sludge-pits and sumps. The proposed site is near other parcels of land on which significant archeological findings have been made. The City of Huntington Beach had their archeological consultant, Scientific Resource Surveys, Inc., check the proposed remediation site and provide clearance. The City Planning ❑eoartment made the Environmental Impact Report and Public Notice of the project. This information has been submitted to HUD as part of their requirement prior to fund release. After archeological clearance. the City provided the manpower and trenching equipment to define the approximate depth and dimensions of contaminated soil. Four (2) 55- ga'lon drums of contaminated soil were pulled and shipped to'H&H EcoSystems for analysis and development of a course of treatment. H&H EcoSystems performed laboratory analysis of the soil to determine specific contaminants and contaminant levels. H&H has identified the specific treatment necessary, using the sample material and a mini-MicroenfractionatorT" in their laboratory to provide a remediation model. From lab analysis of this model, H&H EcoSystems and The Park Corporation will compose a detailed Remediation Action Plan to submit to the City Fire Department, Development- Petro-Chem Division. The Fire Department will review the plan and clear it through Orange County Healthcare Agency, Environmental Health Division. Upon approval of the Remediation Action Plan by the City Fire Dept. and OC Health, H&H EcoSystems and The Park Corporation will rent equipment and labor to have the site fully excavated and the contaminated soil put into windrows. The Park Corporation will "manage" the windrows to prevent soil blowing or migration. H&H EcoSystems and Simple Green will bring the full-scale MicroenfractionatorTM to the site. Continued on next page EXHIBIT A ��ce Huntington Central Park Bioremediation Project PROJECT DESCRIPTION: The goal of this project is to successfully demonstrate a soil bioremediation technology developed by H&H EcoSystems and Simple Green upon a parcel of land chosen by the City of Huntington Beach. This bioremediation technology will be applied on-site to a minimum of 1,000 cubic yards of contaminated soi4 - up to a maximum of 3,500 cubic yards of contaminated soil. The technology will reduce levels of petroleum hydrocarbon/crude oil down to within acceptable levels as set forth by City of Huntington Beach Soil Clean-Up Standard 431-92. If other types of contamination are found on this site, they will be handled as a separate project. There is no anticipated presence of contamination other than petroleum hydrocarbon/crude oil. The City of Huntington Beach has designated a parcel of land at the corner of Goldenwest and Ellis Streets as the clean up site for this project, in order to include this parcel in their ongoing Huntington Central Park complex. This specific site is tentatively designated as tt^.e site for operation for the Therapeutic Riding School, which is a nonprofit equestrian program for developmentally disabled youth. PROPOSED PROJECT TIMELINE; (items, which have already been completed, are marked with APPROXIMATE TOTAL TIME FROM START TO F1141SH ' 41/2 MONTHS Upon end of Cit 's GEEquestrian Event: START Trench site to determine approximate parameters of contamination, conduct archeological survey, pull 18t week soil samples for testing. Ship soil samples to testing laboratory. 2 na week Testing phase: utilizing mini-MicroenfractionatorT" to determine type of contamination and treatment 3'd through 6th requirements . weeks Submission of detailed Remediation Plan (plus arras enient of permits and all site reconnaissance.) 6' week City of HS HazMat plan-review and submission to 7 through 8 Orange County Health Services, weeks Excavation of contaminated soil and creation of windrows. Management of windrows to keep soil 9th through 10th from blowing, migrating, etc. weeks Soll remediation process, including interim soil 11 through 17 testing. weeks ' Analytical result provided by.environmental At end of engineering firm. remediation 1-2 days Replacement and compaction of soil back into After analysis. originaliv excavated hole. Approx. 4 days. EXHIBIT A PA C,E 2 Through periodic application of a proprietary combination of nutrients, Crystal Simple Green, and the mechanical homogenization of the soil by the Microenfractionator, contaminants in the soil will be brought down to acceptable levels via biological action. This process will be achieved on the site (no removal of soil to a different treatment site will be necessary,) and will be accomplished within approximately 45 days from the start of treatment. The time period could be affected by the overall quantity of soil being treated and by the beginning contaminant levels. Anticipated soil quantity is between 1,000 to 3,500 cubic yards of soil and anticipated contamination is petroleum hydrocarbon/crude oil. Upon completion of the remediation process,-The Park Corporation will perform the final soil analysis, replace and compact the soil back into the excavated area, and submit the final analysis to State, county and city authorities as required. EXHIBIT A PAC 3 Huntington Central Park Bioremediation Project PROPOSED BUDGET: These costs are presented on a Time and Materials basis for the treatment of approximately 3,000 cubic yards of affected material. The estimate of costs are as follows: Company Estimated Task SUBTOTALS Performing Work Cost Historical Evaluation air photos, DOG records SUBTOTAL Park Corporation $ 1,000.00 Remediation Action Plan, Site Safety Plan SUBTOTAL Park Corporation $ 4,000.00 Agency Negotiations SUBTOTAL Park Cor oration/H&H $ 3,000.00 Permitting SUSTOrAL Park Corporation S 500.0 Additional Site Assessment Labor $ 4,153.05 Field Equipment 5 323.02 Vehicles 5 323.02 Trencher&Backhoe S 3,691.60 Analytical S 4,614.50 Equipment Operators $ 1,107.48 SUBTOTAL Park Car oration & H&H 5 14.212.66 Excavation and Stockpile Management Labor $ 6.368,01 Feld Equipment $ 359.16 Vehicles $ 784.47 Odor and VOC Control $ 1,661.22 Heavy Equipment $ 11,997,70 Equipment Operators $ 2.030.38 SUBTOTAL Park Corporation $ 23 210.94 Post Excavation Confirmation Sampling Labor $ 1,800.00 Field Equipment $ 75.00 Vehicles 150.00 Analytical $ 4.500.00 suBTorAL Park Corporation S 6,525.00 ITreatability-Study SUBTOTAL H&H S 30.000.00 Continued on next page EXHIBIT A �� 4- Company Estimated Task SUBrorALS performing Work Cost Soil Treatment Microenfractic nation and H&H Micronulrients SUBTOTAL H&H $169,372.6 Soil Treatment and Support Services Labor $ 3,230.15 Field Equipment and Materials $ 830.61 Heavy Equipment $ 3,276.30 Analytical $ 3.483.95 784.4 7 -SUBTOTAL Park Corporation $ 11,605.4 Post Treatment Confirmation Sampling Labor $ 1,100,00 Fiela Equipment $ 300.00 Vehicles $ 200.00 Analytical 00.00 SUBTOrAL Park Corporation $ 3,600.0 Soil Placsment and Compaction Labor $ 6,275.72 Field Equipment 5 323.0 Vehicles $ 784.47 Heavy Equipment $ 17.165.9 Equipment Operators $ 3.968.47 Fill material $ 1768.7141 Comoaction Testing 7,936,94 SUBTOTAL Park Corporation $ 39,223.2 Closure Report& Agency Notification SUBTOTAL Park Corporation & H&H $ 7,500.0 Ite Fencing SUBTOTAL City of Hunan ton Beach $ 5,000.0 Archeological Assessment SUBTOTAL City of Huntington Beach S 5,000.0 TOTAL PROJECT COST $323,750.0 EXHIBIT fAGe S Huntington Central Park Bioremediation Project PAYMENT SCHEDULE: PAYMENT#1 = $57,712.86 To be paid within 10 days of signing of contract, Scone of Work: * Historical Evaluation $ . 1.000.00 * Remediation Action Plan & Site Safety Plan $ 4,000.00 * Agency Negotiations $ 3,000.00 * Permitting $ 500,00 " Treatability Study $ 30,000.00 * Archeological Assessment $ 5,000.00 Additional Site Assessment $ 14,212.66 TOTAL..........•................................ ........ 57 712.66 PAYMENT #2 = $34,735.94 To be paid 10 days after receiving invoices upon completion of this phase of work. Completion of work is to be jointly approved by City and Simple Green. Scope of Work: * Site Fencing $ 5,000.00 * Excavation & Stockpile Mgmt. $ 23.210.94 * Post_Exoygtion Confirmation Sampling $ 6,525.00 TOTAL.................................................... $ 34,735.94 PAYMENT #3 = $184,578.16 To be paid 10 days after receiving invoices upon completion of this phase of work. Completion of work is to be jointly approved by City and Simple Green. Scope of Work: * Soil Treatment $169,372.69 * Soil Treatment Support Services $ 11,605.47 * PQst-Treatment Confirmation_Sampling _ $ 3,600.00 TOTAL.................................................... 184 578. 6 PAYMENT#4 = $46,723.25 To be paid 10 days after receiving invoices upon completion of this phase of work. Completion of work is to be jointly approved by City and Simple Green, Scope of Work: * Soil Placement & Compaction $ 39,223.25 * Closure RQDOrt & Agency Notification 7 0.00 TOTAL............... ....................... ............ $ 46.723.2� COMPLETE PROJECT 'TOTAL.......... .,$323,750.01 �X4{�a rr --- - JOHN BURNM - ——_07r28/00 13:231 ..FAx T1� 833 0127 jil DDuctR` 94M33-2462 THIS C&TI ICATE IS ISSUED AS A MAMR OF INFORMATION Sohn BUrn>7am & Company ONLY AND CONFERS No RIGFITS UPON THE CERYIFICATE CA U09n9e 0099753 G �1 �� ALTER THE ECCOVERAGEFFo M NOT THE�°ICISB LOW R.O. Box 2410 U�'1 MP Fo NANO C vERA Newport Beach, CA 92659-0269 - COMPANY AIU INSURANCE COMPANYty Llnu A Anwwican Inwriallonal find. INsuRCD �- COMPA•lY a REPUblic Indammy The Park Corporation COMPANY 2130 Orangewood Avenue #100 C Anaheim CA 92806 D �. T J'�' � ;�y .}itr°'� :F ��a: .- % YK i�+;" �a�c,.Yax �. +�"` x� .-y.,��.-.fix.�1a}Y,'�"_�`�L:�'~• �y*,,�a'a j� n } �'� .l�r., x'�:. Y.�Y- s�W. i.•w.«.� xs�' d:4I .�=�w1,4J�!.w..:as#.-...p �F,'..�'•R„3�To-"�A:a►Wa'�1:�i�:�` THIS IS TO CriRTWV THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED 14AMEO ABOVE FOR THE POLICY PERIOD RAD1CATED, NOTWITNSTANDINO ANY REQUIREMENT,TERM OR CONOrr ON OF ANY COIETRACT OR OTHER DOCUMENT WfTM RESPECT TO WHCCH THIS CERTIFICATE MAY Be ISSUED OR MAY PEATAIN. THE INSURANCE ARPORpED BY THE POUGES OESCRIBIO HEAELN IS SUBJECT TO ALL THE TERMS, EXCN,USlONS AND CONOrrIONS OR SUC•i POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. e9 TVFE 4F VgVRANCH POLMY EFPECTM VOUCY WW AATIEW LTrf POLICY NUMNMR DATE iMNJDWYI CATS I1M�fI 0aMs UMITB A GENMAL L AMUTY• 287 1947 7/29/00 7129/01 cE,IatA1 AccAtaAre . a D *-M."Vk-S 4MtKMGEN A�t1LUAWTY PRODUCTS-COWJOP AGC iCLAIMS MADE�OCCUR SAL 4 AOV lftjVRY i 1 00 a�'6 MOT "C"OeCURR{hce 1220092 _ X POLLUT D . PERIX RETRO DATE 9-1-9 TP+�r w.MACE(N4+y o�tlryl • s00 e JXJCLAIMS MADE PROP PARK RRTRO DATE 7-29-9 !MM UP t""0MON1 • a AUTOMMALw MLnY CA76ti8588 7/29/00 7/29101 u' °SWGLC X ANY AUTO L1M14T ` 5000000 ALL OWNED AUTOS ! SONLY INJURY SCkSOVLED AUVW lih► X MiAll)AUTO$ �:-'w s +}I y 9�fJ171LY 1hJUAY 1 5 X NON-OWNED AUTOS _ y Attorney FROPERYTOAMAGg —fit c i CAIIAGS uAON/TY AUTO ONLY-EA ACGlOENT • ANY AUTO - OTHF4 Tk1AN AUTO OhGY: f EACH ACCIDENT S AG(IlIEGAYE • A IXOMU"Wu" x 3403056 7/29/00 7/29/01 4AC"OCCLMMWE _ `J00000a UMORALA FORM AGGREGATE 1 5000000 x OTH"THAN FORM 011EK AUTO 6 'EMPLOYERS IAB. ONLY t B womLERt eo+ePe•sATroN MO i 1443280 1 8/16199 9/16/00 X E411PL0V%ftl UAanm d.F.ACr�wCC(GENT � 10004D0 AATN��(9CVTNVe X iwCl ELOISEASE.POUCYLIM�Y 20DOo0D OFFICERS ARE: �219WA EL OIS643f.to 60PLOYEe • 1000060 orNcR } 1 t DueftrT10N OF OFfAAT10NS14oCA11O"NEMCLESIlPECtAL rtFMS EVIDENCE OF INSUAANCE (y��y*6•L '.e.}Y+"�M�:s` ~ --. ..,. ... x:K _ .aa4 ..+. Mf'?.I.?':J}. 'A..,..a.7r•- +�...:.iEJ -RT':J.��1'X R!"i �� S ->.:.:.F ? t Y� - w 4 MS Ll .i-1 „.-.:Y.#t1�IL�.4. 'IYK:.�~. CITY OF NUNTINGTpN BEACH, ITS IWOULO ANY OP T►(I: AN0vt otccwWO fOuCm eE CAW-wl0 MOM rK Fs(RAAT107N DATE rWjdgP. rI1E 195LRNO COMPANY W,.LL ONAbIMM MAIL AGENTS, OFFICERS & EMPLOYEES 30 wrS WRTrNk NOTiCs ro rN a CERrIFrZAYf hOLaeR hAMCO r0 THE LEFT. 2000 MAIN STRET KYsiCI iBii�l�Nl+YXI dF1k1E+161� X HUNTINGTON BEACH, CA. 92648 }F�CYNZG� 1�lEii}F,K�iK r]I1i3C AIr rNORrTFO fNCjVTIV9 JUL. -26- 001WED) l l :s2 SIMPLE GREEN 'rEL:552 S42 g30 07/20/00 11:,2 FAX 0833 0127 P. 003 J08IVI BLTRNlM ! 002 rum �� eBTr auAI�DeMv� N �iaaroa treeou0ta' p 4.gR9YHIS HIS ORRMCATI 10 WGUEDAS A MATrF.R OF UNFORMATfON John Burnham& Company TW�h� ONLY AND UPON THL CINTIFICAT6 HOLDS. TKIQ QOWICAYS DOES NOT AMM. WCfL'ND OR CA Ucanlle 0099763 CAP , t 4 R T QB AMIORDEo TkW PO BELOW. F.O. Box 2410 Wry� 9MMIA ROMOMEN. Newpon Boachr CA 92668-0269 9�► CaMAw- AIU IMBIi"Ira" PICE GOMIV�PANYIy Unes A n1erDan Ir"rtlptignel Und. INW�c COMtANY a RapUbfta tndemnftY The Park Cotporation cowtrANr 2130 Orangewood Avenue A100 C Anahelrn CA 02806 COMPAW b ' T4M IS TO CBfMPY"Wr TWO POL100 OF INSU"CE Lf$Tift?fjgWW H06V%IIIIHN IMBt OO TO TM(MUM NAMEA ABOVE FOR THR POLICY FMCIO IMDICAMD. K0rffl ffNYOIfVfit ANY ftjaUW141ENT.MM OR COHOfrION OF MY CONTRACT OR 07WER VMA*N?MMTIN RElPECT TO WHICH THIS CEMIPICAYB MAY 91 =WA ON MAY PERTAIN, TH2 INSURANCE AFFOWID NY THE POLE=DOOM 44RBW 18 SUWBCT YO ALL THR TER MO, FiFCLUSI NS ANID CONDITIM OP SUCH POLICI� P�rf9 RgWN WAY!!Al►B 5EEN ftEB CW NY PAID A UAMWTY 712NDD 7/29 00 B AGMEM A22"30 TVCM OW VAMU" AlI�1lL7S• Aao P a L 10WN[A'9 fk COMTIIACTDN'1t PNOr tiA{,71 IIRD= P AO PD I.11TI0' PIIRIX REM DATE 9-1-9 nsle faAMA 1 om lvm ►�:..�a9A�. x C ff PART[ RZTR0 DATE 7-29-9 meaEXP WW Melwar e soap Au7DMOILE Waur r I A CA796fi6BS 712919f3 71ZB100 eDMENNko 61NW UMR t ANY AUTO lObdaOa Au OVOW AUMS Booty 4R7 GCMMUEM AUTO APPROVED AS TO ORM: NWO I A y ` X wOM-OWeW A}O6 PA HUTTON•, City Attornez � "Ii r By r rAMe111A1pLRY .i w 1-I (� AVTO 2NLY-EA RRiT Pf,r ANY AM � QTH94 T�+AN A47TD ONLY. �r. AOQREOATE A A 1 11101101 UARRM 149i 56 7129199 7129100 Mali DCGIJtkRSst RUMOMW Abru►M re � i ECC88000 w X arHEIITf urr�rlau + OVER AUTO E?MWYM IAS. ONLY 16 9 wonit"cDMPINiATI nMD 14432501 P 9116f99 91t810a x N"':;';� 115 MKGV8W U"WV + iL EACk1 ACCrDENT • t0000D0 R ICAMPO: X u g •RaLkcruwrrr a >Ia000lro _ WICS"Aft aaeraA•eAw, Ee t Laaoa OTIM 1 f3oami41DN OF D/W[TfeNtflOtlATIDMEHR1a06L71BPiCIAC�YOAa EWDENC6 OF INSURANCE CITY OF HUNTINGTON BEACH, ITS A'f0UO MY OV "`a "t" aaNONM rauCrta a cnxmum 11060 rw IKPI WW* DATE THINOf. TW ISSUM COMPAXY WILL ROUIRNM mml AGENTS, OFFICERS & EMPLOYEES 30 DAYS WPAT70'IVe710E TO TIM CIATrRCAT!MOLMN NAMID TD YNE LVIF 2000 MAIN STAET HUNTINOTON BEACH, CA. 92648 JUL. -26' 001WED1 11 :33 SIMPLE GREEN TEL=562 592 3630 P. 004 Jul 25 00 04: 41p aCow-Holliston Insurance 0-493-3575 p• 2 a CERTIFICATE QF LIABILITY INSURANCE °ATE 00AM01YY) JUL 28 00 /� nTHIS MCCOY•HOLLISTON INSURANCE,INC. Su WV U ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O BOX 7 HOLDER. THI8 CBRTIPICATB 0088 NOT AMEND, EXTEND OR WHITE SALMON WA 98072 ALTER THE COVERAOR AFFORDED SY THE POLICIES BELOW. PHONE: 689443-2288 PAX: 501WO3.3878 �a COMPANIES AFFORDING COVERAGE A AMERICAN INTERNATIONAL SPECIALTY LINES H 8 H CO SYSTEMS,INC. C MANY PO BOX 38 I COMP _ 5"EVERGREEN STREET ANY ROM 8CNNIMLLB WA 94639- C COMPANY D THIS 18 TO CERTIFY THAT THS.POI:ICIES OF�(N WC&UZIEO 98LOW"HAVE BEEN 4 U0.0 TO'NE INSURE}NAMED ABOVE FOR THE POLICY PERIOD INDICATED NWW NDING ANY ALL TNETT MS aCLtI8i0N8 AND pO a 1UCSH pENRIMURN�p(A g IN��Lg'6H�OVM MAY HAVE THN OF ANY B$ POLICIESRACT R4lI �� Y KER DOCUMENT Ci8�AR1MS 8 $ABJECT 7�O ure I WK OF W&URAN01 mUaY NUd8fiR w �1o6(�IM�Ip�11AM UMIT1 - 3100 JUL 21 D OtINERAL AGGREGATE � COM MIERCIAL a$NERAL U AMITY ItooucTll coamlor„oa. r_-'i.oaa,00a cLAneawae ]oecuR ;PERSONAL&ADVMJURY 8,00 ,D00 A WYNER'9 a COWFAACTM PROT SASH OCCURIUWA l,O0G,004 NE A CO RECTORS POLLUTION P1i16 ISAAAAcs wry o�.�r.I i _ 8d,D00 pRWPUKML UNWrr +aEG.Exv wn am Pa.ail !11AV OMOBIL9 LIABILITY 6.000 COmmSO SMOLS uWT ! ANY AUTO I ALL OWNSDAUTOS riYk'HUVE' AS TO FORtI;: BODILY INJURY ; SCHEDUM AUTOS (Par p�nwl) wIRMAUTOS GAiL HUS TON, City A ltornes naonY»+.rur+r By:. [Psr.odd.,rt) $ NONrOMiNEO AUTOS —•- f �N "1117 PROPERTY DAMAGE i AUTO ONLY•!A ACCTD@NT ANY AUTO OTHER TKIW AUTO 0NLY: -_ 1AGHA CIDENT ! Gii>tGliT :-f IIJKC985 LIABILITY EACH OCCURRENCE ! UMERELLA FORM AGGRWTE E 07NO TRIM UMBRELLA PORM - ! RMPLOYERV LIABILITY I QACH ACCMENT i THE PROPRMMPJ INCL I DISEASE-POLICY LIMIT t PARTNERWII[>s{,UTNE ` OPPkC�IRRbaARRE. B7(CL TS11BA1E�ACHEWPLOYEE ;a , 1 CEPrMICATR FIOLDNR 'CANCELLATION' _ AND ADDITIONAL INSURED: EHOULD P�TN11f O19CRI1ED POLICI a 10� D E RE CITY OF HUNTINDTON BEACH,ITS AGENTS,OFFICERS,AND 1xP TO Ta►►E Tn 136UaND�oMPAanr THE L MAn Io EMPLOYEES 9000 MAIN ST. HUNTINGTON BEACH,CA, 09849 Attwftn: JL'L. -26' 00(WED) 11 :54 SIMPLE GREEN TEL=562 592 3830 P. 005 JL L-20-2WO 02137 MH ECO SYSTEMS o INC. . P,02 01Y CL,� nATI DEPARTMENT OF LASH AND INDUSTRIES roaauaaoa • o Daly 20,2000 H A H Boo Syata &bna. 380$vQevm DAW Nam SCANVIVei wubh glom RB: Ao�t�.390.1l29-00 Uai$ed�Ide�iBar(UBt?:601 Z69� H a H sw SYMM I= To Wbom it May COMM: This it to fiat H dE H Beo gyetams,Yelp.lml�d brie! aovarm wi �eea aawariem b�siaen in atase of VKaabinpon. Wa bb a employ=ofdw layeram d dm b= tauWwthe waeWngtoa lndtateal iawt'aw Act hreny i iQyaad oowosml4ww wipe cow wgb workba for tlds bed.>n die RrAW Code of W�(RC1) 3!.12.1 1 .'Yw �are avdimd 1u RCW 31.32.We have ee kmW a oopl►of the iCvV'e aiag to�OVmhiaa Worbor�Cpaoaatian Aot Ia V1tinSton 8"for your ixmvea cm. orlc@w C.am lo�a ■d lb faeraa�oe coaftm� e+sme2a be sWW to i in gam!sttwdf* Tbla firm iu had an WduWd hmm aeoauat wilt rnu depwaud see Up"*17, 1990.The b>d>ebW i0mum Pie aea b paid Wd i2 in bola�a atct+ent gwgta. Matt PCdealft PdbY NOW APPROVED AS TO FORM: 1O Box"162 WA 989O"162 BAIL HJTTOPd, City Attorney �� BY: Pbaae(360)9M-4803 FAX")"2.4"9 EW"" ATTACHMENT # 1 0, J U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON,D.C.20410-7000 ��1�p � OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT APR 1 3 2000 7 Mr. Ray Silver City Administrator City 'bf Huntington Beach A P R 1 '0 ILU".?'J 2000 Main Street Huntington Beach, CA 92648 C:-.- Dear Mr. Silver: The Department is pleased to announce approval of the following EDI-Special Project grant , as directed by the Congress in the Conference Report (HR 106-379) for the VA-HUD-Independent Agencies Appropriations Act for 2000 (PL 106-74) . The amount for this grant has been adjusted to 92 . 596 of the original grant amount in the Conference Report, pursuant to the Consolidated Appropriations Act for FY 2000 (PL 106-113) which directed rescissions for each Department of the Federal Government . Project No. B-00-SP-CA-0044 Project Funding: $323 , 750 . 00 Recipient : City of Huntington Beach, CA This letter transmits the following documents and guidance needed to activate your EDI-Special Project grant . 1. Grant Agreement . Enclosed are four copies . Please read the agreement carefully, noting any attachments which have modifications or special conditions on this grant . Please sign and date three copies with original signatures and return them as noted below. The fourth copy is for your records pending receipt of a countersigned copy. 2. Assistance Award - Form 1044 . Four copies are enclosed. Please sign and date three copies with original signatures and return them as noted below. The fourth copy is for your records pending receipt of a countersigned copy. 3. Forms and Instructions for drawing down funds . HUD uses the Line of Credit Control System (LOCCS) for financial management of grant funds . Under this system, you identify the bank account into which you want HUD to deposit funds electronically. Then you request scheduled payments, using a voice response system. Please ensure your staff provide the information requested and return these items as noted below. a. the Direct Deposit Form (SF 1199) completed by you and your financial institution; b. the notarized LOCCS Access Authorization Form (HUD 27054) ; and c . a VOIDED blank check for your depository account . You will be able to draw down funds once HUD processes the forms and sends you a LOCCS User ID Number and a LOCCS Voice Response Number, and after the required certifications and environmental review, if it is needed, have been accepted by HUD. Please return: a) the three signed originals of the grant agreement, b) the Direct Deposit Form, c) the LOCCS Access Authorization Form, d) a voided check, and e) the three signed original of the Assistance Award _ Form 1044 to Ms . Marcelline Yearwood, Room 7146 , U. S . Dept . of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410 . If your staff have any questions about these documents and procedures, they may contact Ms . Yearwood on (202) 708-3773 extension 4523 or fax (202) 708--7543 . We look forward to working with you toward a successful completion of this project . Since, ely, rdell ooper Assistant Secretary Enclosures ATTACHMENT #2 • III Presentation to the Honorable Congressman Dana Rohrabacher Huntington Beach Remediation Project 16 March 2000 Presented by Bruce P. FaBrizio • President/CEO Sunshine Maker's Inc. 4/14100 1 K ,� - Background NZMA� H&H Eco Systems, in partnership with Simple Green has developed an innovative technology for the treatment of soil contaminated by recalcitrant hydrocarbon contaminants utilizing the Microenfractionator"81 and SSCO (Solid State Chemical Oxidation) process. Contaminants that can be considered for this process include: — explosives Le, TNT — mixed wastes; radioactive & organic mixes — wood preservatives Le, creosote and PCP � — chlorinated pesticides and herbicides — chlorinated solvents — PAH compounds, especially 5&6 rings — recalcitrant petroleum products 4/14/00 2 1415I '�20�0 rt`L - +: - _ - . - f� dt ilfli v ! 1 I:I.i:l jjl Ii III�!F .I,I,1;,14 IgI2 �''.I•': .' IIG��'+ I:I�CJ3 � ily ` III : +;'j'il l�lAi it:"1:I��; ri HN ,,i�. .F cu L C 0 L o r d' Project Goal r MA�. • Successful) complete a soil remediation project that shows the Y P J Simple Green/H&H Eco Systems Technology to not only be viable, but superior for this type of remediation. In the process, convert contaminated land to useable land for the Huntington Beach Central Park complex. Generate good public relations, foster community goodwill and collect data for reference/testimonial for future projects. r 4/14/00 5 K UV � t Status • Congressman Dana Rohrabacher presented the Simple Green and H&H technology to Congress. The Appropriations Committee allocated $350,000 from the Department of Housing and Urban Development's (HUD) FY 2000 Economic Development Initiatives for remediation of a site in Congressman Rohrabacher's district. • The City of Huntington Beach chose a site which contained a large sump from past year's oil production. This site is scheduled for cleanup to convert fallow, contaminated land to a useable location for the Therapeutic Riding School. The Therapeutic Riding School is a non-profit equestrian program for developmentally disabled youth. 4/14/00 6 Sunshine Maker's Remediation Site Team m° ~ H�N�1�✓'•1�p • Bruce FaBrizio President/CEO Mift Krause Carol Chapin Jessica Carter Chelsea Bryan Vice President Regulatory Coordinator Director of Managing Director Remediation Specialist Public Relations The EGBAR Foundation • 4/14/00 7 KKK UV y, Remediation Team Members a'�'�97Mn — Dana Rohrabacher, Congressman, Site Sponsor — Dr. George Kuck, Assistant to Congressman Rohrabacher — Tim Greaves - Deputy Fire Marshall/Development-Petro Chem Fire Department, City of Huntington Beach -- Mary Beth Broeren - AICP, Senior Planner, Department of Community Development, City of Huntington Beach — Jim Jones - Parks Supervisor, Park, Tree and Landscape Division, City of Huntington Beach — Jim Engle - Deputy Director - Recreation, Beaches, Development - City of Huntington Beach — Dave Dominguez - Community Services - City of Huntington Beach — Ed Furu - General Manager & Principal Hydrogeologist - The Park Corporation — Terry Horn - President - H&H Eco Systems 4/14/00 8 K ' _ Ilt Huntington Central Park Tentative Remediation Schedule* z.M an 0-.-_%b'C)4 ar y un'6Y-.'-'Juf M- -Aug ePt t`oo �Nc 0 Activity Name Responsibittty .-.-- _ _-'- - :._.._ _ i "7 7a 27 28 4 n 76 25 3 10�77 24 3i 7;74 2fze;5?u 19 i6 2'9 1fi ii ao 7 7a 2i 2e:a ai?i8 25;i 1 8.15 22 29.6T71 24 27 3 i0•ii?4 propna ons Committee a i ppro ;ems ct - 2000,Economic opment 99 itiatne 1 . Allocates Funding 12/99 Plann7isg Mzeiing :HBISGJHHIPK j ♦ — — -- — — --!-__ �.- . _ ' Site��Huniinglon Cerilra!-Parti------H815G•- ---- -••-'-�-'- � ---- -•------- Selected Land Lease ReHewed - � HB `•: � � ; i i � � � � - -- •----"�' -- Completg and S6br77itGran1-' - --'--SG- i i Proposals i AW i Comple6eand�5ubmitGrani---'-'—HB---`----c-- •- ---1-. ; .-.-. ,-.-..._,_ .---�i-T-;,--;--^ - Paperwork En,Aronmental Requirements j - - 4s` ._.......... ...... ...-------. HUD Reviewto�ReleaseofFunds' HUD '.. � ..... . . ... .. .... ...-..._ _... .---....._. ... ..........................�... -... _ .. fiaieolog view Sampling and7rerictiirig''-'-''-----------HB15G ArJV' i Soil Testing 8 Malys is HH --' --- --— ---' - - -........ - emedia 6 Yn pc6nn aPf n-----pK - R �� ; AI- ril' Remediafion ---- SG/HK PK _.i. -- _ _' - • esponsl t ity ey: tty o unttngton ea Simple peen,n a:no applca e, co ystems. PK: The Park Corporation,HUD: Department of Housing&Urban Development - - :14 7 4 tt 1825 3 t :1724 1:7:N i5.1 't 262:9.762330:7 142128:4 11,18 25i1i8;1522�29:6;132027.3:10-1 24 4/14/00 *Dates subject to change based upon approval of grant application and release of funds. 9 rt A Iry � Huntington Beach Remediation Site Map lil MA WA"Dow NTINUTU EXISTI G DEG PARK i _ �� #-�i� • ��S• ii� oe • 001145 EXISTIN �.._. 'EQUESTRI CEhMR - - - : '=tea - Former Oil Production Area - Specific site will yield 1 ,000 to 3,500 cubic yards of contaminated soil from oil well sump. �P�tc Iran � E11 Map of Therapeutic Center -LIMA Equestrian Center . • • Ll Ll �') Open Turf Earthen TheraFeut� Dam Riding Center � F Urban eaedi o Forest t n EWS AVENUE L 6..Ei 4/14/00 11 Conclusions Team in lace and assignments issued -- first meeting held P 9 9 12/13/99 • Grant paperwork underway • Work will commence upon Grant paperwork approval • Project goal will be met • 4/14/00 12 ATTACHMENT #3 FACILITY SYMBOL LEGEND EXPANSION lr4CLVDfS li,t— ADDITION OF 9600 SCUA.E FEF7 Il DENOTES E!a PROJECT LEVEL DENOTES EIR PROGRAM LEVEL I jCrY PARK.TREE AND AREA LANDSCAPE 4 v MAJI,�NCJE YARD FACILITY W;LL INCLUDE: . 0 LIDA ED HUNTINGTON 'NHANCED .-I t4_S AND CAMPING AREAa CENTRAL CONSOUDAVO-4 PARKPAZCOU25E 1 II TA:5E2T L-K-f I z E Do EX-5-i:-Nc; C;'- O .067--OC--Z LS;. ur., a To!I n. D .7=:: RECREATION-:kRMA 3z TS CO. PLEY, -M, ZZ C.T Ix. RANG I �"F f 'r f %r v I t 2- ESRTATIC;N� ..fiASI-4 s-'juy qI 1 -ILLEZ LAY[ A- iI ' PC -IN T k* 2GRO6 FACILI N' URBAN FOREST OCEAN VIEW ACCESS TC: !STATfS tolobj IIARRIET M l6V'tSEMI ACTIY I i WE;.D,R TRAILS AN&�,V-Y-ZEC&A-il N REGION.AL TRAIL-HEAD . .j., . PARK L it. ELLIS ACCESS TO TRLAUL FROM— ELLIS EcUESrF.!A.-N4 ESTATES AREA TO INCLUDE MASSES OF TREES- of VARIOUS SELECTED SPECIES fACtLjTY Ir4CjUDfS-SHADE SHE LIE2.FICNIC-� BIOREMEDIATION -F ACWTV INCLUDES:ACCESS ROAD fRO-A ELLIS TAMES.HITCHING POST.EirE ZACKs.AND A f LIE.RES'I ROOM EW-DING FlCN,C SHELTER. V N TRAILS I FISHI14G DOCKS.TRAILS.0-=N TURF AREAS. -C; FACILJ`�Y lt4CtUDES:ACCESS ROAD rROm EtuS PROJECT SITE Coum,AND-0-'u--. AVENUE,REST;OOM EU:-LDI.NG.PA2 KING to'. L—fAc4try INCLUDES:ACCESS FZO• wnm STANDARD SPACES.AND ECUESIZ;-N TAISERI AVENUE 6 GO(DINWEST JLAjLEit PA.Qlgt4G SPACES S7RxET GZ-,vEt PARKING ZCT. EIGHTI13]LIGHTED SOCCfl FIELDS.EiGHTlel LIGHTED SALIFIEUDS.FC)LIR;41;OUE;l HOCKEY Co,;RTS. bA--NC; CAGE,Two'21 CO%.-C;S5to.N/ REST ROOM 4UILE;1-4.ff.rt-c:7 TCT LCl'-S.L PICNIC SH.11YE,-S o K 200' 400' Boo. v I- FIGURE 1.0-4 Proposed Pi-O!"ect Cenral P,3!,- T%-'?'clqr EIR ATTACHMENT #4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-35 Approve Bioremediation Grant Agreement with Simple Green to facilitate and Oil Bioremediation Project in Huntington Central Park on the property formerly known as the A. C. Marion property. Date: May 5, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Bioremediation Grant Agreement with Simple Green to facilitate and Oil Bioremediation Project in Huntington Central Park on the property formerly known as the A. C. Marion property." If the City Council approves this request (total appropriation $323,750), there will be no effect on any of the City's fund balances, since it is 100% reimbursable by a federal grant through the Department of Housing and Urban Development. a 1�1 pe, J n Reekstin, Director of Administrative Services ATTACHMENT #5 r FEDERAL GRANT EXPERIMENTAL BIOREMEDIATION PROJECT CONTRACT BETWEEN, THE CITY OF HUNTINGTON BEACH AND SUNSHINE MAKERS, INC., DBA SIMPLE GREEN, REGARDING HUNTINGTON CENTRAL PARK THIS AGREEMENT ("AGREEMENT") is made and entered into this day of , 2000, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SUNSHINE MAKERS, INC., dba SIMPLE GREEN, a California corporation, hereinafter referred to as "SlIMPLE GREEN." WHEREAS, CITY successfully applied for and obtained a $323,750.00 experimental bioremediation grant from the federal Department of Housing & Urban Development ("HUD"); The purpose of the grant, and of the project which is the subject of this AGREEMENT, is to successfully demonstrate a soil biomediation technology developed by SIMPLE GREEN, in partnership with H&H Eco Systems, Inc., a Washington corporation ("H&H"), upon a parcel of land chosen by CITY: The innovative technology, developed by SIMPLE GREEN and H&H, concerns the treatment of soil contaminated by recalcitrant hydrocarbon contaminants, utilizing the Microenfrationatof" and bioremediation processes; This bioremediation technology will be applied on-site to a minimum of 1,000 cubic yards of contaminated soil up to a maximum of 3,500 cubic yards of contaminated soil. This technology is anticipated to reduce the bioremediation period from up to 18 months to 45 to 60 days and to original surface condition as set forth by CITY's Clean-Up Standard 431-92; SIMPLE GREEN contacted CITY to see if there was a test site where this new technology could be applied that would be beneficial to CITY; 00agree1sunshine16127100 1 CITY selected the former A. C. Marion Property, which it now owns, and which is part of its Huntington Central Park (the "PROJECT SITE"). The A. C. Marion Property is currently used as an overflow parking area for equestrian events as well as for temporary stalls for larger equestrian events. The A. C. Marion Property, the topography of which is currently flat with no holes or bills, is master-planned for the Therapeutic Riding School, open turf play area, tot lot, parking and general public use; The PROJECT SITE is located at the southwest corner of Ellis and Goldenwest Streets within CITY. The site is approximately 10 acres in size. Preliminary indication by The Park Corporation ("Park Corp"), a California corporation, has determined that there is the likely existence of an ail production sump or sludge pit located within the PROJECT SITE (more specifically 500 feet north of Ellis and paralleling Goldenwest and extending 30 yards west by 30 yards north); A description of the contaminated soil bioremediation project, a proposed timetable, the PROJECT's location, a description of the PROJECT plan, a proposed budget, a description of each work task, the estimated costs, who is scheduled to perform each task, and a payment schedule, is attached to this AGREEMENT as Exhibit A and incorporated herein by reference; This AGREEMENT is a public works contract under CITY Charter 014. However, the PROJECT is exempt from the competitive bidding requirements of Section 614 for the following reasons: (a) SIMPLE GREEN has been selected to perform said services as it is the only entity or organization capable of performing the PROJECT and (b) federal grant money is being used to fund the PROJECT; not CITY funds; and 00agreelsunshine16127100 2 NOW, THEREFORE, it is agreed by CITY and SIMPLE GREEN as follows: I. WORK STATEMENT SIMPLE GREEN shall provide all those services described in Exhibit A. The treated soils on the PROJECT SITE, once SIMPLE GREEN has completed the AGREEMENT, shall comply with CITY's "Soil Clean-Up Standard-City Specification 431-92;" a copy of which has been provided by CITY to SIMPLE GREED; and which document is incorporated by reference into this AGREEMENT. H&H, Park Corp., and others may be selected by SIMPLE GREEN to assist it in performing the PROJECT. H&H, Park Corp., and any others selected by SIMPLE GREEN, shall be deemed SIMPLE GREEN's agents, employees or subcontractors, and shall enjoy no direct contractual relationship with CITY. The services described in Exhibit A shall sometimes hereinafter be referred to as the "PROJECT." SIMPLE GREEN hereby designates Ms. Carol Chapin who shall represent it and be its sole contact and agent in all consultations with CITY during the perforniance of this AGREEMENT. SIMPLE GREEN may, in its sole discretion, designate another representative under this AGREEMENT by written notice delivered to CITY. SIMPLE GREEN may, in its sole discretion, prepare and publish materials which describe the results of the PROJECT, and SIMPLE GREEN, unless with CITY's prior approval, agrees not to include any statement in such materials that CITY ratifies or endorses use of SIMPLE GREEN's soil bioremediation technology. 00agreelsunshine16/27100 3 i i 2. CITY STAFF ASSISTANCE CITY has assigned a staff coordinator to work directly with CONSULTANT in the performance of this AGREEMENT. This person is Mr. Jim Engle, Deputy Director of CITY's Community Services Department. 3. TIME OF PERFORMANCE SIMPLE GREEN shall commence the PROJECT no later than October 1, 2000, and complete the PROJECT no later than twenty-four(24) weeks from the start date. SIMPLE GREEN shall complete each task within the time frames (the Proposed Project Timeline) set forth in Exhibit A. The total completion time, as well as the completion time for any task, may be extended with the written permission of CITY. 4. COMPENSATION The total fee for SEMPLE GREEN's services under this AGREEMENT shall not exceed $323,750.00. No later than ten (10) days after this AGREEMENT is executed by the parties, CITY shall pay SIMPLE GREEN the sum of$57,712.66. This sum shall represent reimbursement to SIMPLE GREEN of preliminary costs it has previously advanced for the seven (7) items under Scope of Work (Payment No. 1) on the Payment Schedule (attached Exhibit A). As to the remaining sum (S266,037.34) of the AGREEMENT price, CITY authorizes SIMPLE GREEN to work on a time and materials basis. 5. METHOD OF PAYMENT A. As to the remaining sum ($266,037.34) of the AGREEMENT price, SIMPLE GREEN shall be entitled to payments pursuant to the terms and procedures set forth in the Payment Schedule on attached Exhibit A. 00agreelsunshinel6127100 4 B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by SIMPLE GREEN shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any-such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. SIMPLE GREEN shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this AGREEMENT; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by SIMPLE GREEN's representative (as designated in Section I hereinabove) that the work has been performed in accordance with the provisions of this AGREEMENT; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that SIMPLE GREEN is making satisfactory progress toward completion of tasks in accordance with this AGREEMENT, CITY shall promptly approve the invoice, in which event payment shall be made within ten (10) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify SIMPLE GREEN in writing of the reasons for non- approval within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit A shall be suspended until the parties agree that past performance by SIMPLE GREEN is in, or has been brought into compliance, or until this AGREEMENT is terminated as provided herein. 00;�greelsunshinel6127100 5 6 HOLD HARMLESS SIMPLE GREEN agrees to hold harmless, defend and indemnify CITY, its officers, officials, agents and employees from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature)arising out of of in connection with SIMPLE GREEN's performance of this AGREEMENT or its failure to comply with any of its obligations contained in this AGREEMENT by SIMPLE GREEDY, its officers, agents or employees except such loss or damage which was caused by the negligence or willful misconduct of CITY. Notwithstanding the foregoing, this indemnity shall not extend to any preexisting liability CITY or others may have for conditions at the PROJECT SITE. 7. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, SIMPLE GREEN acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers'compensation. SIMPLE GREEN covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SIMPLE GREEN shall maintain workers' compensation insurance in an amount of not less than $1,000,000.00 bodily injury by accident, each occurrence, 51,000,000.00 bodily injury by disease, each employee, $250,000.00 bodily injury or disease, policy limit. SIMPLE GREEN shall require all of its subcontractors (such as H&H and Park Corp.) to provide such workers'compensation insurance for all of the subcontractors' employees and furnish proof to CITY of such coverage. SIMPLE GREEN shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance. 00agree/sunshiner6127100 6 8. GENERAL LIABILITY INSURANCE In addition to workers' compensation insurance and SIMPLE GREEN's covenant to indemnify CITY, SIMPLE GREEN shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SIMPLE GREEN, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000.00 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000.00 for this PROJECT. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SIMPLE GREEN's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 4. PROFESSIONAL LIABILITY INSURANCE SIMPLE GREEN shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for SIMPLE GREEN's professional liability in an amount not less than $1,000,000.00 per occurrence and in the aggregate. A claims- made policy shall be acceptable if the policy further provides that: OOagree/sunshine/6127100 7 A. The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). B. SIMPLE GREEN will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, SIMPLE GREEN 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. D. The reporting of circumstances or incidents that might give rise to future claims. 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, SIMPLE GREEN shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates 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 policies 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. SIMPLE GREEN shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. 0039ree/sunshine.'6/27/00 $ The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SIMPLE GREEN under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SIMPLE GREEN shall pay, in a prompt and timely manner, the premiums-on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR SIMPLE GREEN is, and shall be, acting at all times in the performance of this AGREEMENT as an independent contractor. SIMPLE GREEN 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 SIMPLE GREEN and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. BOND SIMPLE GREEN shall, prior to entering upon the performance of this AGREEMENT, furnish a bond, to be approved by the City Attorney, in the amount of one hundred percent of the contract price ($323,750.00), to guarantee payment of all claims for labor, equipment and materials furnished to the PROJECT SITE. 13. PREVAILING WAGE SIMPLE GREEN shall insure, not only with respect to its own employees, but also with respect to the employees of any of its subcontractors, agents or representatives, that such employees are paid the prevailing set of wages established by applicable federal and/or state laws. 00agreelsunstiinel6127100 9 1 4. WASTE HANDLING If required, SIMPLE GREEN shall obtain, or cause to be obtained, all waste handling permits required by any federal, state or local agency. 15. TERMINATION OF AGREEMENT AND RESTORATION OF THE PROJECT SITE All work required hereunder shall be performed in a good and workmanlike manner. Either party, for any reason, whether or not the PROJECT is fully completed, may terminate this AGREEMENT, in the manner stated in Section 17 herein, upon thirty(30) days written notice to the other party. Upon notice of termination, CITY will make payment to SIMPLE GREEN for any past authorized work, and past invoices, if any. Upon notice of termination, SIMPLE GREEN shall restore the PROJECT SITE to its original topography(no holes, hills or mounds of dirt), and do so no later than thirty(30) days after notice of termination. If there is a need for SIMPLE GREEN, in restoring the PROJECT SITE to its original topography, to import soil to fill any depressions or holes on the PROJECT SITE, such imported soil shall be "agriculturally suitable" and meet CITY's clean soils standards. If any license or permit required to perform the PROJECT under the State of California's contractors licensing law is revoked or suspended, CITY may immediately terminate this AGREEMENT upon written notice to SIMPLE GREEN. If SIMPLE GREEN is otherwise in breach of this AGREEMENT, CITY shall provide notice thereof to SIMPLE GREEN, and SIMPLE GREEN may prior to any termination of this AGREEMENT correct the failure within thirty(30) days after receiving CITY's written notice of the breach. 00agreelsunshine16127100 t 0 16. CITY EMPLOYEES AND OFFICIALS SIMPLE GREEN 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 Governnient Code. 17, NOTICES Any written notice or special instructions required to be given in writing under this AGREEMENT shall be given either by personal delivery to SIMPLE GREEN's agent (as designated in Section 1 hereinabove) or to CITY's Director of Community Services 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, addressed as follows: TO CITY: TO SIMPLE GREEN: Mr. Ronald Hagan Ms. Carol Chapin Director of Community Services Sunshine Makers, Inc. City of Huntington Beach 15922 Pacific Coast Highway 2000 Main Street Huntington Beach, CA 92649 Huntington Beach, CA 92648 18. IMMIGRATION SIMPLE GREEN 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. 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED SIMPLE GREEN 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. SIMPLE GREEN understands that pursuant to Huntington Beach 00agreelsunshinei6.127100 1 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 SIMPLE GREEN. 20. ATTORNEY'S FEES In the event of any dispute or disagreement between the parties concerning the"terms of this AGREEMENT or the performance of a party hereunder, each of the'contracting parties shall bear their own respective attorneys fees, expenses and court costs incurred in that matter(including any arbitration or litigation proceeding). 21. STATE CONTRACTORS LICENSE LAW SIMPLE GREEN, in performing, or assisting in the performance of, the PROJECT, shall comply, or insure that its agents, employees, and subcontractors comply, with the State of California's contractors licensing law. 22. FURTHER ASSURANCES CITY agrees to provide all reasonable further assurances as may be necessary or appropriate to effectuate the purposes of this AGREEMENT. 00agreelsunshine/6126I00 12 JUN. -2 ' 00 ME1 14:40 SIMP GREEN TEL 5b2 2 3830 P. 014 JUN-26-2M 23:02 HUNTMUTON MACH ART CNTR � 1 714 374 1654 C15 ) 23. IR-E Y Thv foregoing,and EXSb' A attached herato,set forth the entire AGREEMENT between a parties, IN WrDMSS WHBR.BO .the panics hereto have eeused this Agreement to be executed by E through their authorized offs as the day.month and year'irat above written. UNSHtNE MAKERS,INC.,db a SLWLB CITY OF HUNTINGTON BEACH.a REFIII, a alifoMIA colLojildor =midpal corporation of the State of 4 California r• 'zio,Prem t atu I CEO Mayor B R ee Concilio,Chief Finane ai Officer ATTEST: REVIEWED AND APPROVEr City Cleric C Administrator APPROVED AS TO FORM: ,pt*' -eity Attorney J%,) b -1 o0 LNIMTED D APPROVED. Director oMommunity Services I ooaun�r�n.rar1vron 13 Huntington Central Park Bioremediation Project PROJECT LOCATION; The site is located at the southwest corner of Ellis and Goldenwest streets in Huntington Beach, CA. The site is approximately 10 acres in total size. Preliminary historical investigation by The Park Corporation determined the likely existence of an oil production sump or sludge pit located approximately 500 feet north of Ellis, paralleling Goldenwest and extending approximately 30 yards west by 30 yards north- Soil samples were pulled from this location for testing and determination of remediation plan. PROJECT PLAN: Upon acceptance of the grant application, The Park Corporation, an environmental engineering firm, has investigated the history of the site through historical records, land leases, and aerial photographic records. They also worked with various City staff to determine the location of such features as, prior oil weils, tank farms, sludge-pits and sumps. The proposed site is near other parcels of land on which significant archeological findings have been made. The City of Huntington Beach had their archeological consultant, Scientific Resource Surveys, Inc., check the proposed remediation site and provide clearance. The City Planning Department made the Environmental Impact Report and Public Notice of the project. This information has been submitted to HUD as part of their requirement prior to fund release. After archeological clearance. the City provided the manpower and trenching equipment to define the approximate depth and dimensions of contaminated soil. Four (2)'55- gallon drums of contaminated soil were pulled and shipped to H&H EcoSystems for analysis and development of a course of treatment. H&H EcoSystems performed laboratory analysis of the soil to determine specific contaminants and contaminant levels. H&H has identified the specific treatment necessary, using the sample material and a mini-MicroenfractionatorTm in their laboratory to provide a remediation model. From lab analysis of this model. H&H EcoSystems and The Park Corporation will compose a detailed Remediation Action Plan to submit to the City Fire Department, Development- Petro-Chem Division. The Fire Department will review the plan and clear it through Orange County-Healthcare Agency, Environmental Health Division. Upon approval of the Remediation Action Plan by the City Fire Dept. and OC Health, H&H EcoSystems and The Park Corporation will rent equipment and labor to have the site fully excavated and the contaminated soil put into windrows. The Park Corporation will "manage" the windrows to prevent soil blowing or migration. H&H EcoSystems and Simple Green will bring the full-scale Microenfractionator?m to the site. Continued on next page EXHIBIT A �� Huntington Central Park Sioremediation Project PROJECT DESCRIPTION: The goal of this project is to successfully demonstrate a sail bioremediation technology developed by HSH EcoSystems and Simple Green upon a parcel of land chosen by the City of Huntington Beach. This bioremediation technology will be applied on-site to a minimum of 1,000 cubic yards of contaminated soil - up to a maximum of 3,500 CPbic yards of contaminated soil. The technology will reduce levels of petroleum hydrocarbon/crude oil down to within acceptable levels as set forth by City of Huntington Beach Soil Clean-Up Standard 431-92. 1f other types of contamination are found on this site, they will be handled as a separate project. There is no anticipated presence of - contamination other than petroleum hydrocarbon/crude oil. The City of Huntington Beach has designated a parcel of land at the corner of Goldenwest and Ellis Streets as the clean up site for this protect, in order to include +nis parcel in their ongoing Huntington Central Park complex. This specific site is tentatively designated as the site for operation for the Therapeutic Riding School, which is a nonprofit equestrian program for developmentally disabled youth. PROPOSED PROJECT TIMELINE: (Items, which have already been completed, are marked with #) APPROXIMATE TOTAL TIME FROM START TO FINISH 41/z MONTHS Upon end of Cit 's GEE uestrian Event: START Trench site to determine approximate parameters of contamination, conduct archeological survey, pull 18t week soil samples for testing. Ship soil samples to testing laboratory. 2n, week Testing phase: utilizing mini-MicroenfractionatorTm to determine type of contamination and treatment 3rd through 6`h requirements . weeks Submission of detailed Remediation Plan (plus ' arrangement of permits and all site reconnaissance. I 6th week City of HB HaWat plant-review and submission to 7,n through 8 Orange County Health Services. weeks Excavation of contaminated soil and creation of windrows. Management of windrows to Keep soil 9th through loth from blowing, migrating, etc. weeks Soil remediation process, including interim soil 11 through 17 testing. weeks Analytical result provided by environmental At end of engineering firm. remediation 1-2 days Replacement and compaction of soil back into After analysis. originally excavated hole. Approx. 4 days. EXHIBIT A QA a 2 Through periodic application of a proprietary combination of nutrients, Crystal Simple Green, and the mechanical homogenization of the soil by the Microenfractionator, contaminants in the soil will be brought down to acceptable levels via biological action. This process will be achieved on the site (no removal of soil to a different treatment site will be necessary,) and will be accomplished within approximately 45 days from the start of treatment. The time period could be affected by the overall quantity of soil being treated and by the beginning contaminant levels. Anticipated soil quantity is between 1,000 to 3,500 cubic yards of soil and anticipated contamination is petroleum hydrocarbonlcrude oil. Upon completion of the remediation process. The Park Corporation will perform the final - soil analysis, replace and compact the soil back into the excavated area, and submit the final analysis to State, county and city authorities as required. EXHIBIT A c 3 Huntington Central Park Bioremediation Project PROPOSED BUDGET: These costs are presented on a Time and Materials basis for the treatment of approx.mately 3,000 cubic yards of affected material. The estimate of costs are as follows: Company Estimated Task SuaTOTALS Performing Work Cost Historical Evaluation air photos, DOG records SUSTOTiLL Park Comoration $ 1,000.00 Remediation Action Plan, Site Safety Plan SUBTOTAL Park Corporation S 4,000.00 Agency Negotiations SUBTOTAL Park Corporation/H8H S 3,000.00 Permitting Park Corporation S 500.00 Additional Site Assessment Labor $ 4,153.05 Field Equipment 5 323,02 Vehicles S 323.02 Trencher & Backhoe S 3,691.60 Analytical S 4.614.50 Equipment Operators S 1.107.48 SUBTOTAL Park Corporation & H&H S 14,212.66 Excavation and Stockpile Management Labor S 6.368.01 Field Equipment $ 369.16 Vehicles $ 764.47 Odor and VOC xntrol $ :1.561.22 Heavy Equipment $ 11.997.70 Equipment Operators $ 2,030.38 SUBTOTAL Parts Corporation S 23 210.94 Post Excavation Confirmation Sampling Labor $ 1,800.00 Field Equipment S 75.00 Vehicles $ 150,00 Analytical S 4,500.00 sueroTAL Fark Corporation $ 6525.00 Treatability Study SUSTOrAL H&H $ 30.000.00 Continued on nex: page EXHIBIT A PP,CZ 4-- Company Estimated Task SUBTOTALS performing Work Cost Soil Treatment M icroenfractic nation and H&H Micronulrients SUBTOTAL H&H $169,372.6 Soil Treatment and Support Services Labor S 3,230.1 Field Equipmen; and Materials $ 830.61 Heavy Equipment $ 3,276.30 Analytical S 3,483.95 - S 78<4.47 SUBTOTAL Park Corporation $ 11,605.4 Post Treatment Confirmation Sampling Labor S 1,100.00 Field Equipment $ 300.00 VeNclos $ 200.00 Analytical S 2,000.00 SUBTOTAL Park Corooralion $ 3.600.0 Soil Placement and Compaction Labor $ 6,275.72 Field Equipment S 323.0 Vehicles $ 784.47 Heavy Equipment S 17,165.9 Equipment Operators $ 3.968.47 Fill material $ 2,768.7C CcmpacVon Testing 7,936.941 SUBTOTAL Park Corporation $ 39.223.2 Closure Report & Agency Notification SUBTOTAL Park Corporaticn & H&H $ 7,500.0 !te Fencing SUBTOTAL CRX of Huntington Beach $ 5,000.0 Archeolocticai AsseSsme.nt SUBTOTAL City of Huntingtor. Beach S 5,000.0 TOTAL PROJECT COST $323,750.0 EXHIBIT A CQE S Huntington Central Park Bioremediation Project PAYMENT SCHEDULE: PAYMENT#1 = $57,712.66 To be paid within 10 days of signing of contract. Scope of Work: Historical Evaluation $ 1,000.00 Remediation Action Plan &Site Safety Plan $ 4,000.00 * Agency Negotiations $ 3,000.00 • Permitting $ 500,00 * Treatability Study $ 30.000.00 " Archeological Assessment $ 5,000.00 " Additional Site Assessment $ 14,212.66 TOTAL....................... .------ .--............... 57 712.66 PAYMENT #2 = $34,735.94 To be paid 10 days after receiving invoices upon completion of this phase of work. Completion of work is to be jointly approved by City and Simple Green. Scope of Work: Site Fencing $ 5,000.00 * Excavation & Stockpile Mgmt. $ 23.210.94 * Post Exca_v_atiop Confirmation Sampling $ 6,525.00 TOTAL................................................ .... $ 34,735.94 PAYMENT #3 = $184,578.16 To be paid 10 days after receiving invoices upon completion of this phase of work. Completion of work is to be jointly approved by City and Simple Green. Scope of Work:_ " Soil Treatment $169,372.69 ` Soil Treatment Support Services $ 11,605.47 ` Post-Treatment Confirmatio -Sampling 3,600.00 TOTAL.................................................... $184,578.16 PAYMENT#4 = $46,723.25 To be paid 10 days after receiving invoices upon completion of this phase of work. Completion of work is to be jointly approved by City and Simple Green, Scope of Work: " Soil Placement & Compaction $ 39.223.25 " Closure Rpgort & Aaency Notification $ 7,500.00 TOTAL.................................................... 46 723.25 COMPLETE PROJECT TOTAL........ ....................§323,750.01 RCA*ROUTING § HEET INITIATING DEPARTMENT: Community Services SUBJECT: APPROVE THE AGREEMENT BETWEEN THE CITY AND SUNSHINE MAKERS INC. DBA SIMPLE GREEN FOR THE EXPERIMENTAL BIOREMEDIATION PROJECT IN HUNTINGTON CENTRAL PARK COUNCIL MEETING DATE: July 5, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) { ) Assistant City Administrator (Initial) ( ) { ) City Administrator(initial) ( ) ( } City Clerk { } EXPLANATION FOR RETURN OF ITEM: (Below Space RCA Author: Jim B. Engle � • goo, . o CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUYTINGTOY BEACH TO: Ray Silver,City Administrator FROM: Ron Hagan,Community Services Directory DATE: June 27, 2000 •. SUBJECT: CITY ADMINISTRATOR'S COMMENTS JULY 5,2000 CITY COUNCIL MEETING Per your request,we are providing the following information for you to present under the City Administrator's Comments at the July 5, 2000 City Council meeting- Congressman Dana Rohrabacher and Simple Green have secured with the city a$324,000 grant for bioremediation in Central Park. This is a HUD grant for new technology to reduce the time required for bioremediation of former oil well sites from one to two years down to two or three months. Because much of the undeveloped area in Huntington Central Park was previously oil operations, this technology could have significant benefits to the city. The test site will be west of Goldenwest and north of Ellis. The clean up of this ten-acre site will allow the city to develop it for recreational purposes at a later date. The master plan for this site calls for a therapeutic riding school, open turf area,parking, restrooms, and tot lot. This item is coming before you tonight for approval to accept the grant and a short-term loan out of the general fund. Housing and Urban Development has already approved funding and we expect the loan to be repaid by the end of this year. RH:JBE:dwb V ..