HomeMy WebLinkAboutCC AG PKT 2009-09-28 #G~~~~®~ STAFF ~~~®RT
DATE: September 28, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager ,,
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING INC. FOR
UN®ERGROUN® STORAGE TANK SOIL AN® WATER
MONITORING AN® REPORTING SERVICES
SUMMARY OF REQUEST:
The City Council is asked to adopt Resolution No. 5923 approving a professional
services agreement for the Underground Storage Tank Soil and Water
Monitoring and Reporting Services with Stantec Consulting Inc. for $6,325.
SACKGROUN®:
As recently as 1997, fhe City had two 5,000 gallon underground storage tanks
containing both diesel and unleaded gasoline. At that time, Federal and State
governments mandated that all underground storage tanks be upgraded,
replaced or removed and the site closed. The City had retained Kleinfelder to
provide reconstruction efforts of the deteriorating storage tanks. However, in
1998 it was determined to be a more feasible and cost effective option for the
City to remove the two tanks and contract out for fuel service.
Orange County Health Care Agency required extensive site remediation prior to
granting closure of the site after the City had the storage tanks removed.
Klienfelder provided the City extensive remediation in an effort to close this site.
In the past decade, Kleinfelder has provided the City with continued remediation
efforts as well as County required monitoring and reporting.
The City has brought the results of the monitoring to the County on a yearly basis
in hopes the County will close this site. During the last meeting with the County
in early 2009, they stated that they would not close the site any time soon and
the City will need to continue monitoring efforts, albeit in a reduced capacity from
previous years.
Agenda Item G
Page 2
Kleinfelder has been performing the monitoring and reporting services to the City
for the last 10 years, and has been doing an excellent job. However, with newer
direction from the County, Staff made the decision to obtain proposals from
qualified firms and enter into a new agreement for monitoring and reporting
services.
Staff received three proposals to provide the necessary Underground Storage
Tank Soil and Water Monitoring and Reporting Services. After review and
discussions by City staff, staff is recommending Stantec Consulting Inc.
FI IVANCI~4L. I IUI PACT:
In the 09/10 budget, $10,000 has been allocated for this project. This is
adequate to cover estimated project costs.
RECOMNiEN®ATION:
It is recommended City Council adopt resolution No. 5923 approving a
professional services agreement for the Underground Storage Tank Soil and
Water Monitoring and Reporting Services with Stantec Consulting Inc. for $6,325.
SUBMITTED BY:
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
®~
David Carman ,City Manager
Attachments:
A. Resolution No. 5923
B. Agreement
RESOLUTION NUMBER 5923
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR
UNDERGROUND STORAGE TANK SOIL AND WATER
MONITORING AND REPORTING SERVICES TO STANTEC
CONSULTING INC.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. The City Council hereby approves the professional services
agreement ("Agreement") between the City of Seal Beach and Stantec ;
Consulting Inc. for Underground Storage Tank Soil and Water Monitoring and
Reporting Services.
Section 2. The Council hereby directs the City Manager to execute the
Agreement.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach at a
meeting held on the 28th day of September , 2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5923 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 held on the 28th day
of September , 2009.
City Clerk
between
City of Seal Beach
Z 11 - 8th Street
Seal Beach, CA 9070
Stantec Consulting Corporation
3950 Paramount Boulevard, Suite 255
Lakewood, CA 90712
THIS AGREEMENT is made and entered into this 28`" day of September 2009, by and
between the City of Seal Beach, a municipal corporation ("City") and Stantec Consulting
Corporation, a corporation ("Consultant").
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RECITALS
A. City desires to have environmental consulting services and .groundwater
monitoring and reporting, in the City of Seal Beach (the "Project"), which Project requires the
engagement of a professional firm for design services.
B. Pursuant to the authority provided by its City Charter and Government Code
Section 37103, if applicable, City desires to engage Consultant to provide professional services
in the manner set forth herein and more ftilly described in Section 1.
C. Consultant represents that the principal members of Consultant firm are fully
qualified to perform the services contemplated by this Agreement in a good and professional
manner; and it desires to perform such services as provided herein.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
I. Consultant's Services.
1.1. Scope and Level of Services. Subject to the terms and conditions set forth
in this Agreement, City hereby engages Consultant to perform the professional services
("Services") set forth in Exhibit A.
1.2. Time for Performance. Consultant shall perform all services under this
Agreement on a timely, regular basis consistent with industry standards for professional skill and
care. Services shall be provided so as not to cause undue delay of the project during the design
and constn~ction phases of the project. However, notwithstanding the foregoing, timeliness shall
be an obligation secondary to the duty to provide the Services in accordance with the
professional Standard of Care.
] .3. Standard of Care. As a material inducement to City to enter into this
Agreement, Consultant hereby represents that it has the experience necessary to undertake the
services to be provided. In light of such status and experience, Consultant shall Follow the
customary professional Standazd of Care in performing all services, defined herein as in a
manner consistent with that level of care and skill ordinarily exercised by other members of
Consultant's professional practicing in the same locality, under similar conditions and at the date
the Services are provided.
1.4. Familiarity with Services. By executing this Agreement, Consultant
represents that, to the extent required by the standard of practice, Consultant (a) has investigated
and considered the scope of services to be performed, (b) has carefully considered how the
services should be performed, and (c) understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. Consultant represents that
Consultant, to the extent required by the standard of practice, has investigated the subject site
and is reasonably acquainted with the conditions therein. Should Consultant discover any latent
or unknown conditions, which will materially affect the performance of services, Consultant
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shall immediately inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the City Representative.
2. Term of Agreement. This Agreement is effective as of September 28, 2009 (the
"Effective Date"), and shall remain in full force and effect until Consultant has rendered the
services required by this Agreement, unless sooner terminated as provided in Section 13 herein.
Compensation and Expense Reimbursement.
3.1. Compensation. City shall compensate Consultant at its standard hourly
rates set forth in Exhibit B for the services provided pursuant to Section 1 of this Agreement. In
no event shall the City pay Consultant more than the total sum of $6,325.00 unless additional
services are provided pursuant to Section 3.2. City shall not withhold any federal, state or other
taxes, or other deductions.
3.2. Additional Services. City shall not pay Consultant for additional services
unless the City Representative authorizes, in advance, such services. City shall compensate
Consultant for any authorized extra services at the hourly rates set forth in Exhibit B.
4. Representatives.
4.1. City Representative. For the purposes of this Agreement, the contract
administrator and City's representative shall be the Director of Public Works, or such other
person as the Director designates in writing (hereinafter the "City Representative"). It shall be
Consultant's responsibility to assure that the City Representative is kept informed of the progress
of the performance of the services, and Consultant shall refer any decisions that must be made by
City to the City Representative. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the City Representative.
4.2. Consultant Representative. For the purposes of this Agreement, Kelly C.
Brown is hereby designated as the principal and representative of Consultant authorized to act in
its behalf with respect to the services specified herein and make all decisions in connection
therewith (the "Responsible Principal"). It is expressly understood that the experience, .
knowledge, capability, and reputation of the Responsible Principal were a substantial inducement
for City to enter into this Agreement. Therefore, the Responsible Principal shall be responsible
during the term of this Agreement for directing all activities of Consultant and devoting
sufficient time to personally supervise the services hereunder. Consultant may not change the
Responsible Principal without the prior written approval of City, which approval shall not be
unreasonably withheld.
5. Consultant's Personnel.
5.1. Al] Services shall be performed by Consultant or under Consultant's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code. Consultant personnel shall be
those designated on Exhibit C.
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5.2. Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with the
standard of care set forth in Section 1.3 above.
5.3. Consultant shall be responsible for payment of all employees' and
subconsultants' wages and benefits, and shall comply with all requirements pertaining to
employer's liability, workers' compensation, unemployment insurance, and Social Security.
5.4. 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
violations of personnel practices.
6. Standard of Performance. Consultant shall perform all services to the Standard of
Care defined in Section 1.3 above.
7. Status as Independent Contractor. Consultant is, and shall at all times remain as
to City, a wholly independent contractor. Consultant shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any
manner, represent that it or any of its officers, agents or employees are in any manner employees
of City. Consultant shall pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable workers'
compensation laws.
8. Confidentiality. Consultant may have access to financial, accounting, statistical,
and personnel data of individuals and City employees. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without prior written authorization by City. City shall grant such authorization if applicable law
requires disclosure. All City data shall be returned to City upon the termination of this
Agreement, with the exception of one copy that shall be retained for archival purposes only.
Consultant's covenant under this section shall survive the tenmination of this Agreement.
9. Conflict of interest.
9.1. Consultant covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the Services, or which would conflict in
any manner with the performance of the Services. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict
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in any manner with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may likely make
Consultant "financially interested" (as provided in California Government Code.. §§1090 and
87100) in any decision made by City on any matter in connection with which Consultant has
been retained.
9.2. Consultant further represents that it Chas not employed or retained any person
or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain
this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona
fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any breach or
violation of this warranty, City shall have the right, at its sole and absolute discretion, to
terminate this Agreement without further liability, or to deduct from any sums payable to
Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
9.3. Consultant has no knowledge that any officer or employee of City has any
interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this
transaction or in the business of Consultant, and that if any such interest comes to the knowledge
of Consultant at any time during the term of this Agreement, Consultant shall immediately make
a complete, written disclosure of such interest to City, even if such interest would not be deemed
a prohibited "conflict of interest" under applicable laws as described in this subsection.
10. Indemnification.
10.1. Indemnity for Design Professional Services. In connection with its design
professional services, Consultant shall defend, hold harmless and indemnify City, and its elected
officials, officers, employees, servants, and those City agents serving as independent contractors
in the role of city or agency officials (collectively, "Indemnitees"), with respect to any claims,
demands, damages, liabilities, losses, costs or expenses (collectively, "Claims" 1lereinafter),
including but not limited to Claims relating to death or injury to any person and injury to any
property, to the extent to which they arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant or any of its officers, employees,
subcontractors, or agents in the performance of its design professional services under this
Agreement, but not to the extent the result of the sole active negligence or willful misconduct of
the City. Consultant's obligation to defend pursuant to this Section shall apply independent of
any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of
Indemnitees. Consultant shall defend Indemnitees in any action or actions filed in connection
with any of said claims with counsel of Consultant's choice, subject to City's reasonable
approval, and shall pay all costs and expenses, including all attorneys' fees actually incurred,
provided that in the event that any damages are determined by the court to have been caused in
part by persons or entities other than Consultant, Consultant's obligation hereunder shall be in
proportion to Consultant's share of fault.
] 0.2. Other Indemnities. In connection with all Claims not covered by Section
10.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any
and all Claims including but not limited to Claims relating to death or injury to any person and
injury to any property, which arise out of, pertain to, or relate to the acts or omissions of
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Consultant or any of its officers, employees, subcontractors, or agents in the performance of this
Agreement, including the City's active or passive negligence, except for such loss or damage
arising from the sole negligence or willful misconduct of the City. Consultant shall defend
Indemnitees in any action or actions filed in connection with any such Claims with counsel of
Consultant's choice, subject to City's reasonable approval, and shall pay all costs and expenses,
including all attorneys' fees and experts' costs actually incurred in connection with such defense.
Consultant's duty to defend pursuant to this Section; shall apply independent of any prior,
concurrent or subsequent misconduct, negligent acts, errors, or omissions of Indemnitees.
10.3. Acknowledgment of Indemnity Duties. By affixing his or he'r initials
below, each party representative hereby acknowledges that the representative has read and
accepted the provisions set forth in this Section 10.
9 ~L'6~ .~
City Consultant Consultant
10.4. Nonwaiver of RiQrhtS. Indemnitees do not, and shall not, waive any rights
that they may possess against Consultant because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
10.5. Waiver of Right of Subrogation. Consultant, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
10.6. Survival. The provisions of this Section .lU shall survive the termination
of the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against a Consultant shall be
conchisive in favor of the Indemnitee's right to recover under this indemnity provision.
11. Insurance.
11.1. Liability Insurance. Consultant shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property and professional negligence which may arise from or in connection with the
performance of the services hereunder by Consultant, and its agents, representatives, employees
and subconsultants.
11.2. Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
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Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
Worker's Compensation insurance as required by the State
of California and Employer's Liability Insurance.
Professional Liability insurance. Consultant shall provide
to City the standard form issued by the carrier.
than:
11.3. 1Vlinimum Limits of insurance. Consultant shall maintain limit's no less
General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property
damage. Commercial General Liability Insurance or other
form with a general aggregate limit shall apply separately
to this Agreement or the general limit shall be twice the
required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
Employer's Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers'
Compensation Insurance in the amount required by law.
Professional Liability: $1,000,000 per claim/aggregate.
1 1.4. Deductibles and Self-Insured Retentions. Consultant shall inform City of
any deductibles or self-insured retentions except with respect to professional liability insurance.
t 1.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
11.x.1. City, its officers, officials, employees, and agents serving as
independent contractors in the role of city or agency officials, are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of Consultant;
products and completed operations of Consultant; premises owned, occupied or used by
Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall
contain no limitations on the scope of protection afforded to City, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials which are not also limitations applicable to the named insured.
11.5.2. For any claims related to this Agreement, Consultant's insurance
coverage shall be primary insurance as respects City, its officers, officials, employees, and
agents serving as independent contractors in the role of city or agency officials. Any insurance
or self-insurance maintained by City, their officers, officials, employees, designated volunteers
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or agents serving as independent contractors in the role of city or agency officials shall be excess
of Consultant's insurance and shall not contribute with it.
11.5.3. Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
11.5.4. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled or materially modified except after 30 days prior written
notice by first class mail has been given to City, or 10 days prior written notice by express
overnight mail if cancellation is due to nonpayment of premiums.
11.5.5. Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against City and
its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of city or agency officials.
11.6. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk
Manager.
11.7. Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by City before services commence. As an alternative to City forms,
Consultant's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
11.8. Subconsultants. Consultant shall include all subconsultants as insureds
under its policies or shall furnish separate certificates and endorsements for each subconsultant.
All coverages for subconsultants shall be subject to all of the requirements stated herein unless
otherwise approved in advance in writing by City.
1.2. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under. this Agreement, Consultant shall render
any reasonable assistance and cooperation that City might require. City shall compensate
Consultant for any litigation support services in an amount to be mutually agreed upon by the
parties.
13. Termination. Either party shall have the right to terminate this Agreement at any
time for any reason on written notice to the other party. In the event either party exercises its
right to terminate this Agreement, City shall pay Consultant for any services rendered prior to the
effective date of the termination. Consultant shall have no other claim against City by reason of
such termination, including any claim for compensation.
14. Suspension. City may, in writing, order Consultant to suspend all or any part of
the Consultant's Services for the convenience of City or for work stoppages beyond the control
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of City or Consultant. Subject to the provisions of this Agreement relating to termination, a
suspension of the Services does not void this Agreement.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Consultant's and City's regular business
hours or by facsimile before or during Consultant's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the pazties may, from time to
time, designate in writing pursuant to the provisions of this section. All notices 'shall be
addressed as follows:
>f to City: City Clerk
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211 8th Street
Seal Beach, California 90740
If to Consultant: Kelly C. Brown, Principal Geologist
Stantec Consulting Corporation
3950 Paramount Boulevard, Suite 255
Lakewood, CA 90712
Fax: (562) 354-2669
16. Non Discrimination and Equal Employment Opporh-nity. In the performance of
this Agreement, Consultant shall not discriminate against any employee, subconsultant, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Consultant will take affirmative action to ensure that subconsultants and applicants are
employed, and that employees are treated during employment, without regard to their race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
17. Non-Assignability; Subcontracting. Consultant shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Consultant's obligations
hereunder. Any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
18. Compliance with Laws. Consultant shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Consultant performs the
Services.
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19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default. ,
20. Attornevs' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including attorneys' fees act<ially incurred in connection with such enforcement or interpretation.
21. Exhibits: Precedence. All documents referenced as exhibits in this Agreement are
hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of any document incorporated herein by
reference, including but not limited to the Consultant's Proposal dated April 24, 2009 and
attached hereto as Exhibit A, the provisions of this Agreement shall prevail.
22. Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
23. Site Access City shall, as may be required by Consultant for the successful and
timely completion of Services: (i) provide reasonable and timely access to the site, and make
reasonable efforts to obtain permission For Consultant to access third party sites, if necessary for
performance of the Services; (ii) provide an adequate area for Consultant's site office facilities,
equipment storage, and parking; (iii) furnish all construction utilities and utility releases
necessary for the performance of the Services; and (iv) obtain Project-specific permits and
licenses necessary for the performance of the Services.
24. Entire Agreement. This Agreement, including any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between Consultant
and City. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
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IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of th~~e~~date first written abo~ve~_
CITY OF SEAL BEACH ~'T~"'~ C~f''v j~ ~"'~/~ ' ~ ~ Gzf
ATTACHED CALIF. ACKNOWLEDGED ENT /
By:
Attest:
By:
David Carmany, City Manager
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Name: ~,($1( C+ r't'r..., ~,, ~ `
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ATTACHED CALIF. ACKNOUVLEDGEM~/NT_~
By:
Name: ,~~~ C~v~"('u' e--
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(Two signatures require for corporations
under California Corporations Code § 313)
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Banow, City Attorney
11 ot~ll
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State of California
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Name(s) of Signer(s)
CHRISTI M. PIDp~
Commission # 1846385
Notary Public -California
Los Angeles County
Comm. Expires Apr 25, 2013
Place Notary Seal Above
who proved to me on the basis of tisfactory evidence to
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capaaty(+es), and that by is~ signature(,s~ on the
instrument the person(,$), or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that ~Fre foregoing paragraph is
true and correct. ii'I"~ ~ ~
WITNESS my han
Signature
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Though the information below is not required by law, it may prove valuable to pel
and could prevent fraudulent removal and reattachment of this form to
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®2007 National Nctary Association • 9350 Ue Solo Ave , P.O. Dor. 2A02 • Chalsworlh, CA 9I3 i 3-2A0:' • www.NalionalNolai y uig Item 85907 Reorder. C21i ToII~Frro 1-800 876 OR27
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CHRISTI M. PIDO
Commission # 1846385
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Los Angeles County
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Place Notary Seal Atwve
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EXHIBIT A
Consultant's Proposal Dated 0 ~ ' 2'7.2 oa`~
(Including Scope of Services)
"~~ Stantec Consulting Corporation
3950 Paramount Boulevard, Suite 255
Lakewood, CA 90712
•'"~ Tel: (562) 3542630
- Fax: (562) 354-2669
S~Ir
August 27, 2009
Mr. David Spitz, P.E.
Associate Civil Engineer
City of Seal Beach
211 Eight Street
Seal Beach, California 90740
Re: Proposal to Provide Environmental Consulting Services
Quarterly Groundwater Gauging and Sampling, and Reporting
City of Seal Beach Corporate I~aintenance-Yard
1776 Adolfo Lopez Drive
Seal Beach, California
Dear Mr. Spitz:
Stantec Consulting Corporation (Stantec) is pleased to provide the City of Seal Beach (CSB)
with this Proposal to provide environmental consulting services for groundwater sampling and
reporting for the referenced site. Stantec is a highly respected full service environmental
engineering consulting firm that has served the industrial community since 1989. Stantec has
a very diverse and technically proficient Team of technicians, geologists, engineers, and risk
assessment specialists, and is very competitive and excels in our services to our clients. We
look forward to establishing a partnership with the CSB.
Based on our telephone conversation regarding the site and the requested services and
review of technical data uploaded to the California State Water Resources Control Board
(SWRCB) GeoTracker• database, Stantec proposes to pertorm the following scope of work:
Preparation of a Site Specific Health and Safety Plan in accordance with the
requirements outlined in the OSHA Hazardous Waste ~ Operators and Emergency
Response Standard [29 CFR 1910.120(e)J;
Preparation and submittal of a formal letter requesting the reduction of groundwater
sampling from 10 to 7 wells, and the discontinuation of analysis of biodegradation
parameters. Stantec proposes that wells MW-1, MW 5 and MW-9 be removed from
the groundwater sampling that occur during the first and third quarters. The request
will be submitted to Mr. Osman Taban with the Orange County Health Care Agericy,
and also uploaded to the SWRCB GeoTracker database as required;
m Groundwater gauging of 10 wells and sampling and analysis of 7 wells during the Third
Quarter 2009 and First quarter 2010.
o Semi-Annual Quarterly Groundwater Monitoring Reports documenting the
methodologies and results of the sampling events will be prepared and
City of Seal Beach Proposal and Cost Estimate
August 27, 2009
Page 2
submitted to the OCHCA, and uploaded to the SWRCB GeoTracker database
as required;
• Groundwater gauging of 10 wells during the Fourth Quarter 2009 and Second Quarter
2010.
o Semi-Annual Quarterly Status Reports' documenting the methodologies and
results of the gauging events will be prepared and submitted to the OCHCA,
and uploaded to the SWRCB GeoTracker database as required; ,
• Groundwater samples collected during the Third Quarter 2009 and First Quarter 2010
will be submitted to a State of California certified laboratory for chemical analysis:
o Volatile Organic Compounds -EPA Test Method 82608
o Total Petroleum Hydrocarbons as Gasoline -EPA Test Method 8015B
• Project management and client and agency liaison through telephone and email
communications. This task does not include preparation for and/or attendance to
meetings.
ESTIMATED COSTS
All work will be performed on a time and material, not to exceed cost basis. Estimated costs to
perform the scope of work are provided in the following table:
Task Estimated Costs
Third Quarter 2009/First Quarter 2010 Groundwater Sampling
and Reporting
$4,250.00
Fourth Quarter 2009/Second Quarter 2010 Groundwater
Gauging and Reporting $1,475.00
Project Management and Communications $600.00
Total •
$6,325.00
Any additional services requested by the CSB that are not described in this proposal will first
be submitted for approval in a proposal and cost estimate document prior to initiating the
requested services.
If this proposal and associated costs are acceptable to the CSB, Stantec will prepare our
standard Professional Services Agreement (PSA) and will forward the PSA to the CSB for
review and approval.
City of Seal Beach Proposal and Cost Estimate
August 27, 2009
Page 3
If you have any question regarding the contents of this proposal, please call me at your
earliest convenience at 562.354.2638.
Sincerely,
Stantec Consulting Corporation
Ke ly C. Brown, P.G. No 6714
Principal Geologist
Exi$isa~ s
Fee Schedule and Standard Billing Rates
STANTEC 2009 RATE SCHEDULE
ENVIRONIIAENTAL PRACTICE AREA
- - -- Stautlites
STA~T~~ 2009 $C~BE®48~E ®~ a8®aD6t~V ~ATE$ A6d® ®9SOUt2S~ME1~4S
(~ege 1 off 3)
Charges for all professional, technical, and administrative staff directly charging time to the project
will be calculated and billed on the basis of the following schedule.
Level 1
- - - - .-
Civil/Scientist Intern
$46
Level2 Administrative $52
Level 3 Administrative I $58
Level 4 Administrative II CADD Technician I Research Technician $65
Level 5 Administrative III CADD Technician I Permitting Technician $72
Level 6 Administrative IV CADD Technician I, II Assistant Eng/Scientist $79
Level 7 CADD Technician II Staff Engineer/Scientist I $86
Level 8 Design Engineer CADD Technician II, III Staff Engineer/Scientist II $94
Level 9 Design Engineer CADD Technician III Civil Designer $102
Level 10 Project Engineer I CADD/GIS Tech IV Civil Designer $112
Level 11 Project Engineer II Civil Designer Sc. Civil Designer $122
Level 12 Associate Engineer Project Manager I Senior Civil Designer $133
Level 13 Associate Engineer II Project Manager II Principal I $146
Level 14 Senior Engineer Sr. Project Manager Principal II $157
Level 15 Senior Engineer II Sr. Project Manager Senior Principal I $168
Level 16 Principal Engineer Sr. Project Manager Senior Principal II $181
Level 17 Sr. Principal Engineer Sr. Project Manager Managing Principal $210
Level 18 Chief Engineer/Scientist $247
Level 19 Technical Director $347
Expert Witness
billing rate. All l Services carry a 50% premium on labor. Overtime will be charged at 1.5 times the standard
abor rates will be subject to annual increase.
Other Direct Disbursements:
~ v' 'S~. T°
Vehicle Milea a _ ' ~ .Ci
Prevailin IRS Rate
Subcontract Services Actual Cost +15%
Travel/Per Diem Actual Cost +15%
Per Diem $ 150/da
Ca ital Purchases and Ex endable Materials Actual Cost +15%
Ex ress Delivery and Shi in Actual Cost +15%
Standard Field Equi ment See Attached Schedule
Project Exaenses:
This charge will be 8°k of fees invoiced and will include:
• Internal incidental printing-related expenses including all output from printers, prints, photocopies, plots, film, vellum, plastic covers,
spines, dividers, and map pockets.
• Communications expenses including faxes, office and mobile phones, calling card expenses, pagers, and other wireless communications.
• Office related expenses including postage, courier, supplies and equipment expenses.
Computer maintenance expenses and supplres, and use of common software such as AuioCad, Word, Excel artd PowerPoint.
Maintertarce of archives, both el=_t:lrenic and hardcop~, including space and handling
V:~Admin\Rate Sets`.2009 Rate Seehedule~Stantec 2009 MASTER ER Rate Schedule Table 3 w Titles.docm
STARITEC 2009 RATE SCHEDULE
EiVVIRONIVIENTAL PRACTICE AREA
- - - - - Sti9B9$E~L
STAI~TIEC 2®®9 SCII~II:®QrD~~ ®I: I~®QDBSI:V RATS A~® ®9S~~DRSIEfl~ER9gS
(la~~~ 2 of 3)
Standard Field Eguilpment:
Third Pa Rental E ui ment Actual Cost +15%
2" Grundfos Pum ~ $100/da
Air Sam lin Pum $45/da
Air Spar a Pilot Stud Kit $60/da
Anemometer/Manometer 25/da
Bailer-Dis osable $10/each
Centrifu al Pum $45/da
Color Co ies 8.5 x 11) $1.25/co
Color Co ies 11X17 $2/co
Color Copies Plotter C/D size $10/co
Color Co ies Plotter C/D size) $15/co y
Combination Gas Detector LEUO~/CO/H2S $65/da
Com ressor $60/da
Conductivi Meter/Probe $15/da
Data Lo er $140/da
Data Lo er Pressure Transducer $30/each
Delineators/Cones/Fla s/Snow Fence $55/da
Di ital Camera $25/da
Dissolved O en Meter $80/da
DO/ORP/Temp/Cond. Meter $100/da
Dosimeter w/Data Lo er $45/da
Drea er Bellows/Pum s Tubes not Included $30/da
Drum - 55 Gallons $55/each
Electric Generator $60/da
Field Com uter $25Ida
Field Truck Hea Dut $150/da
Field TruckNan $85/da
Field Vehicle Milea a Prevailin IRS Rate
Gasoline/Diesel Generator $75/day
Flame Ionization Detector FID $130/da
Geo-S uirt Pum $25/day
GPS Unit $30/da
Groundwater Submersible Pum $60/da
Groundwater Test Kits $55/da
Hand Au er $30/da
Hand Au er w/Slide Hammer $40/da
Hach Ferrous Iron Test Kit $5/each
Hach H dro en Peroxide Test Kit $5/each
Horriba $15/da
H dac Meter $15/da
LEU02 Meter $55/da
Level C Safe E ui ment $85/da
Lockin Well Ca - 2" $25/each
Lockin Well Ca - 4" $30/each
Ma nehelic Meter $20/day
Ma netometer $50/da
Metal Detector $15/da
Oil/Water Interface Probe $55Ida
O anic Va or Meter OVM /O anic Vapor Anal er OVA $65/da
Oversized B8W Plots $8/each
Oversized Color Plots $15/each
Ozone Sensor/Meter $55/da
Penetrometer $30/da
Peristaltic Pum $50/da
pH/Temp./Conductivit Metedfemperature Meter $25/day
Photoionization Detector PID ~11U/day
Safety Equipmer;t - Level B ___ $165/day
V:\Admin\Rate Sets\2009 Rate Sechedule`Stantec 2009 MASTER ER Rate Schedule_Table 3 w Titles.docm
STANTEC 2009 RATE SCHEDULE
ENVIRORIMEFITAL PRACTICE AREA
SQae~s
$TA~~~C 20®9 SCHE®t88.E ®~ ~®69R9.Y ~tAVES A&~® ®BSo~U9~$~~Ifl~NTS
(Page 3 of 3)
Standard Field Equipment (continued):
o, a o a o _
Safe E ui ment - Level C _
$85/da
Safe Equi ment -Modified Level D $50/da
Sam lin Su lies/Disposables Wells $25/each
Soil Gas Probe and Air Pump $35/each
Soil Sample Rin (Tube/Sleeve $5/each
Soil Sample Jars Lar e) $7/each
Soil & Groundwater Test Kits PCB/TPH/Pentachlorophenol $6b/each
Survey Level and Transit $85/day
Sur a Block $25/da
SVE Equi ment $300/da
Tedlar Ba $15/each
Tem erature Meter $15/da
Turbidi Meter $30/da
Vacuum Pump $45/da
Vapor Extraction Pilot Stud Kit $60/da
VE Blower Portable Unit) $55/da
Well Locks $20/each
Water Level Indicator $25/da
Water Pump Generator (ElectridGas $60/da
Well Sam lin /Pur in Pump $45/da
V ~Admin~Rate Sets~2009 Rate SaheduletStantec 2009 b1ASTER ER Rate Schedule Table 3 w Titles.docm
~XIIII3IT C
Consultant Personnel
City ~~° ~e~~ ~e~ch Org Char
Bruce McLain
GW Sampling
Program Manager
I~elly C. Brown, PG
Principal Geologist
Jerry Carrillo
Gw Sampling Tech
Jennelle Lewis
Project Assistant