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HomeMy WebLinkAboutEnvironmental Engineering Contracting, Inc. - EEC Environmental - 2020-08-31 AMENDMENT NO. 1 TO PROESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EEC ENVIRONMENTAL FOR ENVIRONMENTAL CONSTRUCTION OVERSIGHT SERVICES FOR 17631 CAMERON LANE AND 17642 BEACH BLVD., HUNTINGTON BEACH THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,a California municipal corporation, hereinafter referred to as "CITY," and EEC ENVIRONMENTAL,hereinafter referred to as"CONSULTANT." WHEREAS,CITY and CONSULTANT are parties to that certain agreement, dated August 31, 2020 entitled"Professional Services Contract Between the City of Huntington Beach and EEC Environmental for Environmental Construction Oversight Services for 17631 Cameron Lane and 17642 Beach Blvd., Huntington Beach,which agreement shall hereinafter be referred to as the"Original Agreement,"and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant; NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Seventy-Five Thousand Dollars ($75,000.00). The additional sum shall be added to the original sum of Sixty- Three Thousand Dollars ($63,000.00),for a new contract amount not to exceed One Hundred Thirty Eight Thousand Dollars. ($138,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 20-9204/241305 1 IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their authorized officers on December,22 , 2020. CONSULTANT, CITY OF HUNTINGTON BEACH,a municipal EEC ENVIRONMENTAL corporation of the State of California By: City Clerk ,2���V David Bernier print name INITI D AND APPROVED: ITS: (circle one)Chairman/President/Vice President AND Director of Public Wor Dgkakysgnedby Markleim I WED A APPROVED: Mark Zekotd �EK.a. B �<-a.t_�5 y: Date:2I20.12.71 21A630-0B'DO /7 President/CFO City Manager print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer APPROV AS O FORM: City Attorney 20-9204/241305 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EEC ENVIRONMENTAL FOR ENVIRONMENTAL CONSTRUCTION OVERSIGHT SERVICES FOR 17631 CAMERON LANE AND 17642 BEACH BLVD., HUNTINGTON BEACH THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, EEC Environmental, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide environmental construction oversight services for 17631 Cameron Lane and 17642 Beach Blvd., Huntington Beach; and 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 David Bernier, P.G. who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 20-8890/233801 1 of 18 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 on , 20 20 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 Sixty-Three Thousand Dollars ($63,000). 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 20-8890/233801 2 of 18 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 A. 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 (or alleged 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 approve selection of CONSULTANT's counsel. This indemnity shall 20-8890/233801 3 of 18 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. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 20-8890/233801 4 of 18 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 20-8890/233801 5 of 18 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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. 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. 20-8890/233801 6 of 18 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 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. 20-8890/233801 7 of 18 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. 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: TO CONSULTANT: City of Huntington Beach EEC Environmental ATTN: Tom Herbel ATTN: David Bernier, PG 2000 Main Street One City Boulevard, Suite 1800 Huntington Beach, CA 92648 Orange, CA 92868 20-8890/233801 8 of 18 17. CONSENT 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. 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 20-8890/233801 9 of 18 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 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. 20-8890/233801 10 of 18 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, 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 nonprevailing 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. 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, 20-8890/233801 11 of 18 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 30. GENERAL PRINCIPLES CONSULTANT shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at https://www.ecfr.gov/cgi- initext-,idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. CONSULTANT shall comply with all federal, State and other funding source requirements. CONSULTANT shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall submit annually to the CITY a cost allocation plan in accordance with The Uniform Guidance. 31. COMPLIANCE WITH LAWS AND REGULATIONS CONSULTANT shall at all times perform is obligations hereunder in compliance with all applicable Federal, State, County, and local laws, rules and 20-8890/233801 12 of 18 regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. CONSULTANT shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 32. EQUAL OPPORTUNITY CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 33. AFFIRMATIVE ACTION Each CONSULTANT and subcontractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with all Affirmative Action Programs required by Federal or State law. 34. NON DISCRIMINATION CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.0 200-d), Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.0 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 20-8890/233801 13 of 18 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16,2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code, Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. 35. BYRD ANTI-LOBBYING AMENDMENT CONSULTANT shall file Standard Form-LLL, "Disclosure Form to Report Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. CONSULTANT shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by CONSULTANT or CONSULTANT's Subcontractors. In accordance with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONSULTANT shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 20-8890/233801 14 of 18 36. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 37. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 20-8890/233801 15 of 18 d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 38. PROCUREMENT OF RECOVERED MATERIALS CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. 39. AUDIT AND INSPECTION CONSULTANT agrees to maintain and/or make available within the CITY accurate books and accounting records relative to all its activities under this Agreement. Authorized federal, State or County representatives shall have the right to monitor, assess, or evaluate CONSULTANT's performance pursuant to this Agreement, said monitoring, 20-8890/233801 16 of 18 assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 40. AUDIT REQUIREMENT CONSULTANTS that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 20-8890/233801 17 of 18 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of EEC ENVIRONMENTAL Cal' is By: (- Q — Manage David Bernier print name INITIATED AND ROVED: ITS: (circle one)Chairman/presiden ice President AND Director of Public o APPROVED AS TO FORM: By: Mark ZekoU U print name City Attorney ITS: (circle one l Secretary hief Financial Offs /Asst. Secretary—Treasurer Date RECEIVE AND FILE: 44,0t."' City Clerk\ Date 20-8890/233801 18 of 18 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1. Coordinate with field team and provide recommendation to reduce dust emissions prior to beginning field activities. 2. Provide notice to the AQMD at least 72 hours prior to conducting earth-moving activities as required. 3. Submit the completed Rule 1466 Notification Online Form and a site map indicating the specific locations of earth-moving, applicable toxic air contaminants, and locations of PM10 monitors. 4. Additionally, hard copies of these items and a check for the notification fee will be mailed to the AQMD within 48 hours of on line notification. 5. Sample import fill material to confirm it contains no hazardous materials and meets OCHCA requirements. 6. Post Rule 1466 required signage. 7. Confirm with sampling and laboratory analysis that all import soil material does not contain hazardous substances or concentrations of metals above regulatory limits and/or regional background levels. 8. Provide onsite management to ensure field activities meet all requirements of AQMD Rule 1466. 9. Perform daily air monitoring during all periods of active field operations to assess for possible offsite migration of dust and to ensure the health and safety of site workers. The air monitoring will be conducted upwind and downwind and at approximately 15-minute intervals using a PM10 hand held direct-reading personal particulate monitor(Dust TRAK or equivalent). If the threshold is reached, EEC will direct the contractor to stop work and implement dust suppression adequate to prevent visible dust from crossing the property boundary and to achieve stabilization of the PM10 reading below the applicable limit. 10. Visually inspect each excavated utility trench to confirm that each extends a minimum of 2 feet lateral and 2 feet vertical below the installed utility infrastructure as required by the OCHCA. 11. Document the loading and disposal of all excavated soil including a review of manifests, characterization, and profiling, and selection of disposal location. 12. Prepare a final report documenting oversight activities including completed AQMD field logs and disposal manifest documentation. Exhibit B ENWIRbNMENTAL 2020 Environmental Fee Schedule PERSONNEL CHARGES Vehicles Usage The charge for all time required for the performance of the Vehicles used on project assignments will be charged Scope of Work, including office,field and travel time,will be at$75 per day.Mileage is billed at the current rate billed at the hourly rate according to the labor classifications established by the Internal Revenue Service plus 15% set forth below: mark up. Per Diem Labor Classification Hourly Rate Per Diem is billed at a unit cost of$60 per day with the exception of high cost markets as identified on the GSA Staff Engineer/Geologist/Scientist $100 website.These markets will use the appropriate GSA Sr Staff Engineer/Geologist/Scientist $110 rate. Project Engineer/Geologist/Scientist-1 $145 Project Engineer/Geologist/Scientist-II $165 Field Equipment Sr Project Engineer/GeologisVScientist-1 $185 Field Equipment is billed at standard unit costs. Rate Sr Project Engineer/Geologist/Scientist-11 $195 schedules are available upon request. Principal Engineer/Geologist/Scientist $225 Principal Hydrogeologist $250 Chief Hydrogeologist/Ph.D. $250 Environmental Compliance Specialist $145 Subcontractors and Reimbursables Environmental Compliance Manager $160 The costs of subcontractors, materials, equipment Sr Environmental Compliance Manager $200 rental, mileage, and any other costs incurred will be Staff Safety Specialist $120 charged at cost plus 15%. Sr.Safety Specialist $180 Safety Director $215 Other Proiect Charges Project Assistant $75 The cost of additional report reproduction and special Technician $80 project accounting will be billed as appropriate. Plotting Drafter $100 plans are charged by size,black and white or color, Technical Editor $95 and by the number of conies suDDlied. Sr Technician $90 GIS Analyst $125 GIS, IT Supervisor $150 Construction Field Supervisor $95 Shipping and Postage Sr Construction Manager $145 Shipping charges include couriers and the postage necessary will be charged at cost plus markup. Expert Witness:When EEC Staff appear as expert Interest Charges witnesses at court trials,mediation,arbitration Interest on late payments will be charged at the rate of hearings and depositions,their time will be charged 1.5%per month. at 2.0 times the standard rate.All time spent preparing for such trials, hearings,and depositions, will be charged at the standard hourly rate. Payment Terms Net 30 days apply to all work performed and invoiced unless superseded by a specific executed contract. Administration Fee:An administration fee of 3.5% will be added to any invoice where payment is made by credit card. This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year.The new schedule will apply to existing and new assignments. File Name: 2020 Environmental Fee Schedule (MMIDDIYYYY A��® CERTIFICATE OF LIABILITY INSURANCE DATE 5r231zo1s ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). CONTACT PRODUCER GMGS Risk Management& Insurance Services NAME: AshleyBrewster 6201 Oak Canyon, Suite 100 PHONE FAX 949-559.3377 A/c Nei; 949-559.6703 Irvine, CA 92618 E•MAIL ADDRESS, aShleyb(D.Qm9 s.com INSURER(S)AFFORDING COVERAGE NAIC N www.gmgs.com OBB4519 INSURER A: Great Divide Insurance Company 25224 INSURED INSURER B: American Fire and Casually Company 24066 EEC Environmental dba Enviromental Engineering Contracting Inc., INSURER C: One City Boulevard West, Suite 1800 INSURER D: Nautilus Insurance Company 17370 Orange CA 92868 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 48889795 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IOLIC NSR TYPE OF INSURANCE ADD 6 POLICY NUMBER MM/DDIYYYY MM DDY EXP LIMITS TR A COMMERCIAL GENERAL LIABILITY GLP2006942.16 10131/2018 10/31/2019 EACHOCCURRENCE $$000000 CLAIMS MADE F✓ OCCUR PREMISES Fe ccU rents $300 000 MED EXP JAny one arson $$000 PERSONAL L ADV INJURY $$000 O00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000.000 POLICY 7V ECT D LOC PRODUCTS•COMP/OP AGG $5 000 000 OTHER: $ B AUTOMOBILE LIABILITY BAA(19)58333458 10/31/2018 10131/2019 Ea ace d m) LE L IT $1 000 000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Par accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Wer occident/ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WCA200881516 5/24/2019 5/24/2020 s1nT TE_I 10ERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVE Y❑ NIA E.L.EACH ACCIDENT $1 000 000 OFFtCERIMEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEQ�QO If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 p Pollution Liability CCP2006941-16 10/3112018 1D/3112019 Each Poll Occurrence$5,000.000 Professional Liability Each Prof Llab Claim$5,000,000 General Aggregate:$10.000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Addillonel Remarks Schedule,may be attached If more space Is required) n��11�� As respects General Liability coverage,The City of Huntington Beach Is added as Additional Insured per CGlt►iOp ROME AS 10gEORIVI e Fhr � J CERTIFICATE HOLDER CANCELLATION ichael Gates, Ci Ittorney City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE �`�^_i/�I����Y Griff Grlffith ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD I110139795 1 1e-19 d/A/UMB/POLL/ELO 19-20 BC I Ashley Brewster 15/23/2019 2115:2o PM [POT) I Page 1 of 5 POLICY NUMBER: GLP2006942-16 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modlfles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person, organization,or project with whom the named insured executes a written contract prior to the start of the project and is shown on a certificate of insurance issued by our authorized representative prior to the start date of the project. Information required to complete this Schedule If not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional Insured the person(s) or additional insureds, the following additional organizations) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This Insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" 'property damage"occurring after: caused,in whole or in part,by; 1. All work, Including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional Insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the Injury or damage arises has been put to its 1. The insurance afforded to such additional Intended use by any person or organization Insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged In performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 20 10 0413 ©Insurance Services Office, Inc„2012 Page 1 of 2 48859195 1 16-19 0/A/UMB/P0L6/E50 19.20 NC 1 Ashley Brewster 1 5/23/2019 2e1Si20 PM (PUr) 1 Page 2 of S C. With respect to the Insurance afforded to these 2. Available under the applicable Limits of additional Insureds, the following is added to Insurance shown In the Declarations; j Section til—Limits Of Insurance: whichever is less, If coverage provided to the additional Insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations, amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office,Inc., 2012 CG 20 10 04 13 •10009T95 10.19 6/A/UMB/PALL/EAO 19.20 WC Ashley Brewster 1 5/23/2019 2195120 PM (POT) I Page 3 of 5 POLICY NUMBER: GLP2006942-16 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person,organization,or project with whom the named insured executes a written contract prior to the start of the project and Is shown on a certificate of Insurance Issued by our authorized representative prior to the start date of the project. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section it -Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional Insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional Insured Is "property damage"caused, in whole or in part, by required b a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional Insured is the described In the Schedule of this endorsement amount of Insurance: performed for that additional Insured and Included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown In the Declarations; 1. The insurance afforded to such additional whichever is less, insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown In the Declarations. 2. If coverage provided to the additional Insured Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 49999'I95 1 19-19 O/A/UTAB/POLL/R&D 19.20 VC I Ashley arawator 1 5/23/2019 210120 PM (POT) I Page 4 of 5 GLP2006942-16 EEC Environmental COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this Insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other Insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other Insurance available to an additional insured under your policy provided that: (1) The additional Insured is a Named Insured under such other insurance;and CG 20 01 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 40069795 1 10.19 O/A/U140/P0LL/E&D 19-20 WC Aullley BreM9[eL 15/21/2019 2145120 PM (PD'r) I Page 5 of 5 CITY OF HUNTINGTON BEACH Rider to Emergency Requisition Emergency Purchase Justification DATE: 8/12/2020 DEPARTMENT: Public Works REQUESTED BY: Ken Dills ITEM: Environmental Engineering - Navigation Center- EEC Environmental SOURCE: EEC Environmental THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: The Navigation Center at Cameron Lane must be completed by Novermber 2, 2020. c A ORIZATION Ddpartment Head (3.03.080 (a)) bfate Chief Financial Officer(3.02.190 (b)) Pate City Manager hate Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. Additional Information of EEC Consulting Emergency Rider On February 26, 2020, the County of Orange issued a State of Local Emergency Proclamation and Declaration of Local Health Emergency in response to COVID-19. Following closely behind, Governor Gavin Newsom declared a State of Emergency in the State of California on March 4, 2020, and the City Council declared a local emergency in the City of Huntington Beach on March 16, 2020. In response to the COVID-19 pandemic, Governor Newsom has directed Counties to provide safe locations for homeless individuals to isolate during the COVID-19 pandemic to protect and preserve the public health. Here in Orange County, the State has ordered 2,300 beds be added for this purpose. To meet this directive, the County is seeking to locate a homeless-related facility in every one of its cities, to fairly distribute any potential burden and address regional needs holistically. Huntington Beach is working with the County to construct a Homeless Navigation Center on Cameron Lane to satisfy this requirement. In order to address the emergency in an expedient manner, staff is seeking to pursue an emergency procurement for Environmental Engineering Services associated with the construction of the center. It is slated to open on November 2, 2020.