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Home My WebLink AboutCC AG PKT 2009-04-13 #LAGENDA STAFF REPORT DATE: April 13, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: RATIFY PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL RESOLUTIONS, INC. FOR RAPID RESPONSE ENVIRONMENTAL ASSESSMENT SERVICES FOR LAMPSON AVENUE SEWER REPLACEMENT PROJECT N0.50215 SUMMARY OF REQUEST: The City Council is asked to adopt Resolution No. 5860 ratifying a Professional Services Agreement with Environmental Resolutions, Inc. to perform rapid response environmental assessment services for the Lampson Avenue Sewer Replacement Project No. 50215. BACKGROUND: The City issued a notice to proceed to Ken Thompson, Inc. (KTI) to construct the Lampson Avenue Sewer Replacement Project on January 26, 2009. The work consists of installing approximately 258 lineal feet of 16" vitrified clay pipe sewer pipe, boring and jacking 230 lineal feet of 36" steel casing, construction of two sewer manholes and installation of approximately 100 lineal feet of 6" sewer lateral. The new sewer lines are to be bored approximately 20-25 feet below the surface of the street. To do this, crews need to dig bore pits where the new manholes will be placed and where the new sewer pipe connects into the old sewer system. This project will have four bore "pits", each over 20 feet deep, requiring extensive shoring for safety. While digging the first jacking and boring pit at the southeast corner of Lampson Avenue and Seal Beach Boulevard, crews working for KTI noticed a gaseous odor from inside the bore pit. KTI had samples of the soil and water sampled. The samples showed that the soil was impacted with petroleum hydrocarbon, metals and other volatile organic compounds. The Soils Engineer who performed the test immediately notified the South Coast Air Quality Management Agenda Item ~. Page 2 District (SCAQMD) which notified the contractor of the necessary permits before the work can continue. The City issued a Stop Work Notice to KTI and directed equipment be demobilized from the job site as it would cost the City thousands of additional dollars for every day that work is not progressing. Before continuing with the work, the City needs to determine to what extent of a problem there is out on site. Additionally, the City needs to do this extremely quickly due to the cost associated with delays. To that end, the City brought in an environmental firm, Environmental Resolutions, Inc. (ERI), on March 27th to discuss the situation and provide the City with direction. ERI provided the City with a proposal to provide four soil borings in order to collect and analyze soil samples for petroleum hydrocarbons in the area of the two main receiving pits and along the pipelines across Seal Beach Blvd and Lampson Ave. Once the results are back, ERI will evaluate and recommend procedures for pit preparation, excavation, removal of any contaminated material and continued construction work. All recommendations will conform to SCAQMD requirements and other agency regulations. FINANCIAL IMPACT: In the approved 2007/08 - 2008/09 Budget, Capital Improvement Project funds are budgeted for sewer improvements, in the amount of $1,100,000. Design and inspection costs should not exceed $80,000. The construction contract was awarded at $505,902. The cost for ERI to perform the assessment services is $16,503.90. RECOMMENDATION: The City Council adopts Resolution No. 5860 ratifying a Professional Services Agreement with Environment Resolutions Inc. to perform rapid response environmental assessment services for the Lampson Avenue Sewer Replacement Project No. 50215. SU~MITTE V~irSce N7~asffosimone Director of Public Works NOTED AND APPROVED: David Carm ny, City Manager Attachments: A. Environmental Resolutions, Inc. Proposal date March 30, 2009 B. Agreement C. Resolution No. 5860 Snutlre•rrr C uti/uuu<r A'urthrrn Cirli/~,ruur Pttt•if it :'1'nrtbu~eat Snutlnrrat Texas IYlurrtanu Mr. David Spitz, P.E. Associate Engineer City of Seal Beach City Hall - 211 Eighth Street Seal Beach, California 90740 SUBJECT: Proposal and Cost Estimate for , Rapid Response Environmental Assessment Services Lampson Avenue Sewer Replacement Seal Beach, California Dear Mr. Spitz: March 30, 2009 Environmental Resolutions, Inc. (ERI) is pleased to offer this proposal to the City of Seal Beach (City) to provide rapid response environmental assessment services related to a sewer replacement project taking place at the intersection of Seal Beach Boulevard and Lampson Avenue in Seal Beach, California. The following scope of work is being proposed to assess petroleum hydrocarbon impacted soil that was discovered during initial site preparation activities related to excavation and installation of jacking pits for horizontal borings. The work has been halted pending evaluation of petroleum hydrocarbon impacted soils. Based on the review of the analytical reports provided, the metals concentrations are below action levels and the soil needs to be managed based on the hydrocarbon concentrations present. The recommended job phases include: 1) Advance a total of three soil borings in order to collect and analyze soil samples for petroleum hydrocarbons in the area of the two receiving pits and along the expected pipeline across Seal Beach Blvd. 2) Evaluate and recommend procedures for jacking pit preparation for installation of horizontal boring equipment and advise the City of Seal Beach about requirements for staffing the pits based on results from Item 1 above and on input from a Certified Industrial Hygienist. Initial recommendations that need to be confirmed by the results from the boring results are: • Excavate the remaining soil in the currently shored hole, which is estimated to be approximately 100 tons. Use the current equipment and contractor to excavate the soil and place it directly into trucks for disposal. This work is expected to take approximately 2 days and air monitoring for South Coast Air Quality Management District (SCAQMD) Rule 1166 permit compliance should be conducted. Collection of 2-3 soil samples from the bottom of the excavation for soil condition verification. • Remobilize and restart the water treatment system to manage the water in the excavation and treat it for discharge once excavation commences. • After the excavation has been completed, place 20mi1 plastic sheeting to act as a vapor barrier on the floor of the excavation, followed by approximately 6 inches of sand bedding material and then 3-6 inches of crushed stone to provide a stable surface for the jacking equipment. The excavation should be monitored while workers are present to verify hydrocarbon concentrations in the breathing zone. The use of blowers to ventilate the excavation continuously while workers are present will be required. The water extraction and treatment equipment should continue operation. Environmental Resolutions, inc. 25371 Commercentre Dr., Suite 250, Lake Forest, CA 92630-8859 I Tel: 949.957.8950 I Fax: 949.457.8956 I Contractor ~ A/C10-611383 Rapid Response Environmental Assessment Services -Lampson Avenue Sewer Replacement March 29 2009 3) Monitor workplace conditions during horizontal boring activities to safeguard workers from exposure to petroleum hydrocarbon concentrations. It is anticipated that the initial soil tailings from the jacking activities will require proper disposal and Rule 1166 monitoring until clear of the petroleum impacts. This proposal addresses the first item listed above. Recommendations for procedures to satisfy Items 2 and 3 will be included in a report summarizing the results of the Phase 1 work. PROPOSED SCOPE OF WORK -PHASE 1 Following a meeting with the City on March 27, 2009, and a review of analytical results provided from soil samples collected from material removed from the two jacking pits, ERI recommends the advancement of three soil borings at the site. Two of the borings will be advance adjacent to receiving pits located west of Seal Beach Boulevard and the left-hand east-bound lane of Lampson Avenue, immediately east of Seal Beach Boulevard. The third boring will be advanced approximately 40 feet west of the Seal Beach Boulevard trending jacking pit. The borings will be advanced using struck-mounted direct-push rig and soil samples will be collected at 5-foot intervals to a depth of 25 feet in the receiving pit borings and at depths of 15, 20, and 25 feet in the boring 40 feet west of the Seal Beach Boulevard trending jacking pit. Each boring will be hand-augered to a depth of 8 feet and a 4-inch PVC sleeve will be temporarily installed as a lateral guard to avoid impact to underground utilities. ERI proposes to conduct the work beginning April 1, 2009 at 6pm. The two borings related to the Seal Beach traverse will be completed first since the western-most boring does not require traffic control and the eastern-most boring along this line has along-term lane closure in-place. The boring in Lampson Avenue would be advanced beginning at 9pm and should be completed within approximately 1 hour. Traffic control will be provided by ERI and a traffic control plan will be provided to the City prior to beginning the work. ERI will contact Underground Services Alert (USA) at least 48 hours prior to beginning of the project for utility marking services. Standard decontamination, sample preservation, and sample chain-of-custody procedures will be followed. Soils encountered during drilling activities will be logged in the field. Air monitoring equipment will be used to monitor workplace breathing zone conditions. Waste soil and water from decontamination activities will be placed into separate labeled 55-gallon steel drums and will be secured in a fenced staging are on-site. Approximately '/4-drum of each waste type is anticipated. Following receipt of analytical results, recommendations for disposal will be presented which could include possible inclusion with waste generated during sewer boring and installation activities. Soil samples will be analyzed on rapid turnaround by a local (Garden Grove) California-state licensed analytical laboratory. The samples will be analyzed for petroleum hydrocarbons (carbon-chain analysis) following EPA Method 80158 and for Volatile Organic Compounds (VOCs) following EPA Method 82608. Based on a review of soil samples analyzed from the jacking pits, metals is not a concern and are not proposed for analysis. Following receipt of laboratory analytical data, ERI will prepare a report which will include tabulated analytical data, a discussion of the soils encountered based on visual observations, and will provide recommendations that will include the following: Evaluate and recommend procedures for jacking pit preparation for installation of horizontal boring equipment and advise the City of Seal Beach about requirements for staffing the pits based on input from a Certified Industrial Hygienist (CIH). Initial discussion with the CIH indicate that the jacking equipment operator would not need to be OSHA 40-hour certified if the excavation is monitored, ventilated, and verified to by free of petroleum vapors. Monitor workplace conditions during horizontal boring activities to safeguard workers from exposure to petroleum hydrocarbon concentrations. All work will be supervised by an in-house California Professional Geologist. 2 Rapid Response Environmental Assessment Services - LamDSOn Avenue Sewer Replacement March 29 2009 ESTIMATED COSTS ERI will perform the proposed Phase 1 scope of work on atime-and-material basis for an estimated cost of $12,900. Initial estimates for the work required in Phase 2 are: • Transportation and disposal of 100 tons of petroleum impacted soil $10;000 • Air monitoring during excavation and confirmation sampling $4,900 • Installation of 20mi1 plastic vapor barrier $7,000 These costs will be revised based on the results of soil samples completed in Phase 1 and when the final plan is determined. The estimate for providing OSHA 40-hour certified workers to manage the soil tailings during jacking operations will be provided once the soil results from Phase 1 have been evaluated. The estimated numbers above assume the existing contractor conducts the excavation activities and provides the ventilation equipment as previously used at the site. The existing contractor will also provide the crushed stone material and spread the sand and stone with his equipment. It also assumes that the workers conducting the activities for ERI are not required to be union laborers. If this is a requirement, the estimated costs will need to be revised. To authorize the scope of work, a contract issued by the City of Seal Beach will be required. Attendance at project planning meetings is not included in this estimate. This will be provided as needed basis on a time and material basis. ERI is committed to assisting the City and feels that this stepped approach is an appropriate method to accomplish the goals of the City to re-start the project and proceed in a safe manner. ERI appreciates the opportunity to provide this proposal to the City of Seal Beach for environmental consulting services. Please call me at (949) 457-8950 if you have questions regarding this proposal. Sincerely, Environmental Resolutions, Inc. ~`' ~ ~ ~ G~ Kevin B. Aardahl Branch Manager/Sr. Project Manager i -~ Robert L. roeger Vice President 3 Table 1 Estimated Costs for Rapid Response Environmental Assessment Services Lampson Avenue Sewer Replacement Seal Beach Boulevard and Lampson Avenue Seal Beach, California a ena s er Description Units Quantity Rate Labor E ul ment Direct•Cosfs Subcontracts Project Management and Client Correspondence - - _ _ • ~ - ~ ~ Managing VP _ _. ___ _ _.._. .__ Hour 3 130 390 "~ _' _' __ _ Sr_ Project Manager _ ~ ~ _ Hour ~ _ _ _ ~ ~~~ ~ ~~ Z _ _ ~ 115 230 • ~ ~ '_ Project Administrator _ Hour ~ 0.5 ~ ~ 88 _ 44 -- - ... - Miscellaneous Eguip. and Otrice Expenses (2% of Labor). _ _ __ _ LS._~ _ _ _ _ 1 _ •81 _ _ _ _ ___ __ _ g1 Job Preparation, Health and Safety Plan, Traffic Control ' Plan Managin VP....".._ . _._ _..._ ...___ - -g -- ~ Hour ~ ~- ~ -~ 2.5 130 ~ ~ 325 ' - - ~- Sr. Project Manager _ Hour ~ • _ ~ ~2 •, , 115 ~ ~ ~ ~ ~ 230 _ ._. ... ~ • _ ___ ~ ~ ~ ~ ~ ~ ~ - ~ " ""' _ _ Sr. Staff Gedogist "... - - - ... -._. .. _ __ ~ Hour .. -. _... - .. - 2 _ .. 86 _.._ ..._. 176 . _. _ . - - _ __ - Traffic Control Coordinator Hour ~ ~ 2 _ ~ 98 • ~ ~• ~ ~ 196 ~ ' Direct-Push Drilling, Soil Sampling, and Laboratory Analysis ~ .. _. Sr. StaffGedogist .- .__ .. ~ ~ ~ Fiour~ •- - 8 . ..86 ~ ~ 704 ------. _. .. .... .. ....--~- Sod Sampling Equipmerit and Supplies . .. _ ~ _ LS _ _ _ ~ 1 150 75 _ ~ 75 Vehicle ...- .. .. _ .- . _ ___ _ _. ~ _ _ Mile- ~~ - 50 _ 0.545 ~~-~- ~ - -- - ..--- ._. .... --'2 7.25 _ Traffic Control . . LS -- 1 700 . ~ . ~ 70l) .. ..-- Drilling ubcontract - WD Ni ht Surohar e _ ...-.. -...5. g -- - 9) - .. -..-. LS . , 1 - -~ - - _ 3,004 ~ ~- __ . ..... -~ 3,004 Soil Sample Analysis -Carbon Chain by EPA Method 8.015_8_ _ _ ~ ~ Each _ _ _13 ~ 190 . - -....... _- ~ 2470 Soil Sample Analysis - VOCs by EPA Method 626UB Each - 13 __ 180 _ _ • • 2080 Note: Sam le Anal sis - 24 Hr TAT Data Reduction and Report Preparation Mana in VP ~ • ~ ~ ~ ~ Hour 1 130 ~ ~• ~ • ~ 130 ~ -~ ' ' ' ' Sr. Project Manager Flour ~ ~ ~ ~ 2 ~ •115 ~ ~ _ ~ ~ 23l) _ ' ,_ ....-_ Licensed Geolo ist 9~ .. _ .. _ _ _ .-.." Hour '~ ~- - ~~ - 0.5 - ~ - 1i5 57.5 ' -" - ~ ~- -- • - - Sr. Staff Geologist _ ~~ ~• ~-" _ Hour ~ ~ ~ ~ _ ~ 2 __ _ ~ ~ 88 __ ~ ~ 176 AutoCAD Drafter - ~-~~---~~ ~~ _ Hour" -- - - -~ ~- 2 - - ---61 --- - - 122 _ _ Admin Support _ _ _ ~ ~ ~ ~~ ~~ ~ _ Hour ~ ~ _ ... ~ 1 _ • 49 _ _ ~~ 49 _ _ _ Misc. Co in and Mailin Su lies ~~~~ ~ .. PY 9. __. 9...PP _ LS ~ 1 __ ~ ~ 50 _ _ ~ ..- - _ ' _ Subtotal: $3,059.50 $75.00 $938.44 $7,554.00 Marku -Total Materials and Subcontracts x 15% NA NA $140.77 $1,133.10 TOTAL: $3,059.50 $75.00 $1,079.21 $8,68710 TOTAL ESTIMATE PROJECT COST: $12,900.81 Estimated Costs for Rapid Response Environmental Assessment -Lampson Avenue Sewer Replacement • Seal Beach.>ds PR®FESSI®loTAI~ SERVICES AGREElVIEl®TT' between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Environmental Resolutions, Inc. 25371 Commercentre Drive, Suite 250, Lake Forest, California 92630 949-457-8950 This Professional Service Agreement ("the Agreement") is made as of 30th day of March. 2009 (the "Effective Date"), by and between Environmental Resolutions. Inc. ("Consultant"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide .City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services. 1.1. Consultant must provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement must control. 1.2. Consultant must perform all Services under this Agreement in accordance with the standard of caze generally exercised by like professionals under similaz circumstances and in a manner reasonably satisfactory to Authority. 1.3. In performing this Agreement, Consultant must comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term. This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 1 yeazs unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation . City will pay Consultant in accordance with the fee schedule set forth in Exhibit _for Services but in no event will the City pay more than $16,503.90. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the rate schedule set forth in Exhibit A. 4.0 Method of Payment. 4.1. Consultant must submit to City monthly invoices for all services rendered pursuant to his Agreement. Such invoices must be submitted within 15 days of the end of the month during which the services were rendered and must describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates chazged, and the services performed for each day in the period. City will pay Consultant within 30 days of 2 of 7 S7296-0001\1077600v4.doc receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24 hours notice from City, Consultant must allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two yeazs following the termination of this Agreement. 5.0 Termination. 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than thirty 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives. 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. _Robert L. Kroe eg r is the Consultant's sole representative for purposes of this Agreement. 7.0 Notices. 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 911 Seal Beach Boulevazd Seal Beach, California 90740 Attn: City Manager To Consultant: Environmental Resolutions, Inc. 25371 Commercentre Dr., Suite 250 Lake Forest, CA 92630 Attn: Robert L. Kroeger 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3 of 7 S7296-0001\1077600v4.doc 8.0 Independent Contractor. 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's alleged violations of personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 8. 9.0 Subcontractors. No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment. Consultant must not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant must not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant must furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf, and must be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant must, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage must be at least as broad as the latest version 4of7 S7296-0001\1077600v4.doc of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). Consultant must maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply sepazately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; and (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3. The insurance policies must contain the following provisions, or Consultant must provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage must be primazy insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, must stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and must not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section must contain standazd sepazation of insureds provisions and must not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant guazantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guazanteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend. Consultant must indemnify, and hold the City, its officials, officers, employees, volunteers and agents (collectively "Indemnities") free and hazmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner azising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. With respect to any and all such aforesaid suits, actions, or other legal 5 of 7 S7296-0001\]077600v4.doc proceedings of every kind that may be brought or instituted against Indemnitees, Consultant must defend Indemnitees, at Consultant's own cost, expense, and risk, and must pay and satisfy any judgment, awazd, or decree that may be rendered against Indemnitees. Consultant must reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 EQUaI Opportunity. Consultant affirmatively represents that it is an equal opportunity employer. Consultant must not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification. By its signature hereunder, Consultant certifies that it is awaze of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rishts. No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 19.0 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntazily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the 6of7 57296-0001\1077600v4.doc term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21.0 Attorneys' Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party all of its attorney's fees and other costs incurred in connection with such action. 22.0 Exhibits. All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the even of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. IN WdTNESS WHEREOF, the Parties hereto, through their respective authorized representativeshaye executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: ~'~ c"_1 David Carmany, City Manager Attest: By: Linda Devine, City Clerk Approved as to Form: BY~ ~l f ~~r (i Quinn Barrow, City Attorney CONSULTANT By: Name: Robert L. Kroe e~_ 7of7 57296-0001\1077600v4.doc Its: Vice President ~~ APPENDIX A -RATE SHEET LABOR 010 PRINCIPAL 130/HR 012 EXPERT WITNESS 190/HR 014 PRINCIPAUTRAVEL 130MR 026 SR PROJECT MANAGER 115/HR 028 SR PROJECT MANAGERlfRAVEL 115MR 020 PROJECT MANAGER 98/HR 024 PROJECT MANAGER/ TRAVEL 98MR 080 SR STAFF/ HYDROGEOLOGIST I ggp.{R 084 SR STAFF/ HYDROGEOLOGIST I/TRAVEL 88MR 030 STAFF/ HYDROGEOLOGIST II 78MR 034 STAFFlHYDROGEOLOGIST II/TRAVEL 78/HR 046 SR TECHNICIAN 65/HR 048 SR TECHNICIAN/TRAVEL 65lHR 040 TECHNICIAN 61MR 044 TECHNICIAN/TRAVEL 61MR 050 DRAFTER/ GRAPHIC SUPPORT 61MR 054 DRAFTER/ GRAPHIC SUPPORT/TRAVEL 61MR 060 CLERK/ ADMIN SUPPORT 49IHR 064 CLERK/ADMIN SUPPORT/TRAVEL 49MR TRAVEL 008 AIR FARE +15% 008 HOTEL +15% 240 MEALS/ ENTERTAINMENT +15% 004 MILEAGE/ PERSONAL VEHICLE Em to are reimbursed $0.585/mile effective 7/01/08 IRS Rat + $.05 008 PARKING +15% 006 PER DIEM Unit Price 140/DAY 008 TOLLS +15°~ EQUIPMENT AND MATERIALS 180 ARC WELDER CUTTINGNVELDINGlSOLDERING TORCH 70/DA 182 AUGER -HAND 301DAY 192 AUGER -TWO-MAN 70/DA 112 AUTO LEVELER/ SURVEY EQUIP 115/DA 104 BAILER 30/DA 106 BAILER -DISPOSABLE 10/E 142 BRASS SLEEVE 10/EA 162 CARTRIDGE FILTER - 3" 20/EA 164 CARTRIDGE FILTER - 8" 120/EA 156 CONCRETE MIXER 35/DAY 152 CONSUMABLES +15% 138 CORING DRILL 70/DA 148 DRUM - 55 GALLON ERl Inventory-Unit Price 65/E 148 DRUM - 55 GALLON Vendor Purchases) +15°/, 158 EQUIPMENT RENTED FROM 3rd PARTY +15% 170 ERI3000/ DPE TRAILER 2000/MO 212 FEDEX/ SHIPPING/ DELIVERY +15% 172 GENERATOR<4kW 70/DA 174 GENERATOR>4kW 140/DAY 144 LOCKING CAPS - 2" 35/EA 146 LOCKING CAPS - 4" 60/E ~~ APPENDIX A -RATE SHEET 186 MAG GAUGES ~ 15lDAY 154 MATERIAU EQUIPMENT +15% 514 MEDICAL MONITORING +15% 110 METER -DISSOLVED OXYGEN 20/DAY 118 METER - PH/T/ COND - HYDAC 140/DA 198 METER -TURBIDITY 25/DA 114 METER -WATER LEVEU SOLINST 25/DA 120 OIU WATER PROBE 40/DA 140 PADLOCK 25/EA 924 PERFORMANCE BONDS +15°~ 910 PERMITS +15% 100 PID/ LEL METER/ OVM/ GASTECHTOR 1314 140/DAY 160 PIPE THREADER 70/DAY 194 PUMP - DRAEGER/ GAS ANALYZER +15% 188 PUMP -DRUM 30/DAY 108 PUMP -SUBMERSIBLE 140/DA 196 PUMP-TRASH PUMP -DOUBLE DIAPHRAGM HEAVY DUTY VACUUM 70/DA 504 RESPIRATOR 30IEA 184 ROTOHAMMER & BIT/ JACK HAMMER 140/DA 128 SAW -DEMOLITION 70/DA 176 SAW-CUTTING EQUIPMENT 345/DAY 190 SLIDE HAMMER 25/DAY i50 SOIL COMPACTOR 140/DA 122 STEAM CLEANER 70/DA 900 SUBCONTRACTORS -ALL OTHERS +15% 908 SUBCONTRACTORS -LABORATORY +15°/, 904 SUBCONTRACTORS -WASTE DISPOSAL +15% 136 TEDLAR BAGS 30/EA 133 TOOLS +15% 516 TRAFFIC CONTROL Incl. E ui . & ERI Set-U Labor 450/EVENT 516 TRAFFIC CONTROL SUBCONTRACTOR +15% 402 TRAILER -CONSTRUCTION 70/DAY 178 TRAILER -SVE OR SVE/AS 345/DA 168 TRAILER -WATER TRANSPORT (DECON/ KO/PURGE-NoCal ONLY) 130/DAY Trailer Onl 500 TYVEK SUIT/ LEVEL'C' PPE 20/EA 238 UTILITIES +15% 130 VACU CHAMBER 40/DAY 400 VEHICLE -COMPANY /DAY 115/DAY Table 1 Estimated Costs for Rapid Response Environmental Assessment Services Phase 1 Lampson Avenue Sewer Replacement Seal Beach Boulevard and Lampson Avenue Seal Beach, California a na s er Description Units Quanti Rate Labor E ui ment Direct Costs Subcontracts Project Management and Client Corres ondence - --- -------p - ---..- -- - _ --.._. - _ Managin VP -- -g ------- - -- -- ---- -.... Hour _ 3 _ -- - 130 -- ---- 390 - ----- - - -- - ---------- • -- - Sr. Project Manager ___ -- - - ---------- --- - -- Hour --- - 2 _ 1 15 230 ---- - - --- Prajed Administrator ------- Hour - ------ 0.5 _ . - - 88 _____ _ ~ 44 _ __ ~ - ~~ __ ~ ~- ~ -- ~~ Miscellaneous Equip :and Office Expenses (2% of Labor) - LSJ 1 68 Job Preparation, Health and Safety Plan, Trartirc Control Plan ' Managing VP _ _ _ - Hour 2.5 130 ~ 325 -- _ - Sr. Project Manager- ___ _ _ Hour ~ ~ _ __ _ - 2 __ ~ 115 __ _ _ _ 230 _ ____ - Sr. StaffGedogist_ - ----~--- - ~- Hour -- - 4.5 ~ -- _ ~ -88 _ __ ~ 396 -~~ - - ---- Traffic Control Coordinator __ Hour ~ _ - ~ 2 __ _ _ - ~ 98 _ - ~ 196 Direct Push Drilling, Soil Sampling, and Laboratory Ana/ysls __ __ __ _ Sr. Staff Geologist ~ ~- ~- - -- _ _ Hour - ~ _ - 9.5 ~~ 88 - - - 838 oil Sampling Equipment and Supplies _ __ - -_ --- LS --- - ~~ ~ - 1 150 75 - -- -------- 75 -- - -- --- VehiGe _ _ -_ _ _ Mile 50 0.545 - _ -__ _ - _ - 27,25 Traffic ontrd LS _ _ 1 700 825 _ Drilling Subcontract_WDC ~IVight $urohargeZ __ _-_ ' __ LS -- _. _ _____ _1 ~ _ -_ 3,949 __ _ ~_ _ ' _ _ 3,949 Soil Sample Anal sis _Carban Chain by EPA Method 80158 ___.-_- _ - Each 18 _ 190 ____ - - - 3,420 Soil Sam le Anal sis _VOCs by EPA M_etho_d_8_260_B_ __ _ - . _ . - .? y . --- -. Each -- -- - 18 - ---- 160 - -- ----- _ ... - --- - ___ -------- ~~~- ----- - ---- - - --------- 2~gg0 Note: Sam le Anal sis-24 Hr TAT - - - "-'-'- - -"- -- "-'---' - Data Reduction and Report Preparation __ - -... .__. -- -.. . - -- Managing VP - --- ---- --- -- - Hour ~ 1 30 - -130 -- - - Sr_Project Manager .- _ ___-_- -.-_ Hour- ~ - - - - - 2 ~ ~ 115 - ~ 230 ----~ -~ - --~---~ - . . LicensedGeda_gist _,--_ ---- - ._ _-_ ~ - Hour 0.5 115 57.5 ----- - -- - Sr. Staff Geol ogist ____ Hour _-_-_ - 2 - - -- 88 __ _ _ 176 __ ______ . - .._.._.. _-.-- ._.... _ ~ ~- AutoCADDrafter - --~-~~ -- Hour ~~ _-~- ----- ~~2 --- ~~-81 _ - ~ 122 - ~~ --~- Admin Support -- -- -~ Hour -- ~--- --~~1 - ~-49 _ _ _ ~~ ~ 49 --~- ---- Misc_ Copying and Mailing Supplies__ _ LS __ - _ _ - _ 1 _ __ _ 50 75 Subtotal: $3,411.50 $75.00 $1,070.48 $10,249.00 Marku -Total Materials and Subcontracts x 16% NA NA $180.57 $1,537.35 TOTAL: $3,411.50 $75.00 $1,231.05 $11,786.35 TOTAL ESTIMATE PROJECT COST: $16,503.90 Estimated Costs for Rapid Response Environmental Assessment -Lampson Avenue Sewer Replacement -Seal Beach.rds RESOLUTION NUMBER 5860 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING THE AGREEMENT WITH ENVIRONMENTAL RESOLUTIONS, INC. FOR RAPID RESPONSE ENVIRONMENTAL ASSESSMENT SERVICES FOR LAMPSON AVENUE SEWER REPLACEMENT PROJECT NO 50215 THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES: Section 1. The City of Seal Beach has contracted for the installation of sewer improvements at the intersection of Seal Beach Boulevard and Lampson Avenue with Ken Thompson Inc. During excavation, the contractor discovered contaminated soils. Section 2. The City requested and received a proposal from Environmental Resolutions, Inc. to test and evaluate the soil at the site and provide the City with recommendations on how to proceed with construction. Section 3. Pursuant to the authority conferred by the City Charter, the City Manager executed an agreement with Environmental Resolutions Inc. to provide the professional services outlined in the proposal. Section 4. Based upon the foregoing, the City Council hereby ratifies and approves the professional services agreement between the City of Seal Beach and Environmental Resolutions Inc. to provide rapid response environmental assessment services for the Lampson Avenue sewer replacement project. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 13th day of April , 2009 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers ATTEST: Mayor City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5860 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 13th day of April , 2009 City Clerk