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HomeMy WebLinkAboutAGMT - Stantec Consulting Corporation (Groundwater Monitoring & Reporting) • PROFESSIONAL SERVICES AGREEMENT FOR Environmental Consulting Services and Groundwater Monitoring and Reporting at 1776 Adolfo Lopez Drive, City of Seal Beach between S POR4I� *; 1 lc= C a d= City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 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 "). 1 of 1 1 . • • 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 fully 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 1. 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 construction 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. 1.3. 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 Standard 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 2 of 11 • • 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. 3. 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. All 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. 3 of 11 IP • 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 termination 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 4 of 11 • • 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 has 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" hereinafter), 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. 10.2. 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 5 of 11 • • 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 her initials below, each party representative hereby acknowledges that the representative has read and accepted the provisions set forth in this Section 10. t � � City Consultant Consultant 10.4. Nonwaiver of Rights. 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 10 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 conclusive 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). 6 of 11 • • 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. 1 1.3. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 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. 11.4. Deductibles and Self - Insured Retentions. Consultant shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. 11.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 11.5.1. 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. 1 1.5.2. 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 7 of 11 • s 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. 12. 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 8 of 11 • • 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 parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: If 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 Opportunity. 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. 9 of I 1 • 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. Attorneys' 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 actually 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. 10 of 11 i • IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH 401 Coin. 60-de, �, ATTACHED CALIF. ACKNO Oq �� /� ACKNOWLEDGEMENT_ By: By: .14g Cab David Carma , City Manager Name: rill C. Ca"- 61 , Q t ` % r e' Title: Cr. ' C • / ) r p�/J Attest: / s( ATTACHED CALIF. ACKNOWLEDGEMENT By: By: A ,�, . I . /l. , Y �� 1 � Name: "ay Cvo• inda Devine, City Clerk Title: �thC 4 (14.0 ea-- Approved as to For #r (Two signatures require for corporations ` under California Corporations Code § 313) By: �I ..1_l.' %� Quinn Barrow, City Attorney 11 of 11 ACORD CERTIFICATIOF LIABILITY INSURAN( I DATE (MMIDD/YY) TM _ 08/01/2009 PRODUCER Serial # 237 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON REED STENHOUSE, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AON RISK SERVICES CENTRAL, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 900 - 10025 - 102A AVENUE, EDMONTON, AB T5J 0Y2 TEL (780) 423 -9801 FAX (780) 423 -9876 INSURERS AFFORDING COVERAGE INSURED STANTEC CONSULTING INC. INSURERA ZURICH AMERICAN INSURANCE COMPANY 19 TECHNOLOGY DRIVE INSURER B ZURICH AMERICAN INSURANCE COMPANY IRVINE, CA 92618 - 2334 INSURERC ZURICH AMERICAN INSURANCE COMPANY INSURERD ZURICH AMERICAN INSURANCE COMPANY I INSURER E LLOYD'S OF LONDON COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I TR DATF (MMIDfNYY1__DA IMMIfINYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GLO 3373919-06 05/01/09 05/01/10 FIRE DAMAGE (Any one fire) $ 1,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 X CONTRACTUAUCROSS LIABILITY XCU COVER INCLUDED PERSONAL & ADV INJURY $ 1,000,000 X OWNERS &CONTRACTORS GENERAL AGGREGATE $ 2,000,000 nonrvrrvo GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 1,000,000 7 POLICY n JRCT � LOC AUTOMOBILE UABILITY BAP5940882 -00 11/01/08 11/01/09 COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ NOT ANY AUTO OTHER THAN EA ACC $ APPLICABLE AUTO ONLY AGG $ EXCESS UABILITY EACH OCCURRENCE $ 5,000,000 C OCCUR CLAIMS MADE 8831307 05/01/09 05/01/10 AGGREGATE $ 5,000,000 EXCESS GENERAL, AUTO AND $ DEDUCTIBLE EMPLOYERS LIABILITY — $ X RETENTION $ 10,000 (FOLLOW FORM) $ WORKERS COMPENSATION AND WC5940881 -00 11/01/08 11/01/09 X TORY UMITS ER D EMPLOYERS' LIABILITY E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 E OTHER QK0802010 08/01/09 08/01/10 CLAIM 8 AGGREGATE LIMIT $2,000,000 PROFESSIONAL LIABILITY INCLUSIVE OF COSTS INCLUDING ENVIRONMENTAL NO RETROACTIVE DATE CLAIMS MADE BASIS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER X ADDITIONAL INSURED; INSURER LETTER: AB CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TO WHOM IT MAY CONCERN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT RIZED REPRESENT9 VE " ACORD 25 -S (7/97) © ACORD CORPORATION 1988 STANTEC #2008 -11- IRVINE CA FP5 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -i -i♦lH 9��S.RY�$�R'4�Ha.. -aY.�f4�-»`a-aLH.9 �9�'<..-iSS.c Ce �4Hf�.• wC'S ..a. 4A hints 0 0t-+•�-A4.ioit.% �'9 H'-a State of California County of LOS .A'A1 ees Jl On LEVI• lit 200c1 before me, CU 1SII N1' ?WO IJoTkt2'I R•1f3UC. Date Here Insert Name and Title of the Officer personally appeared kELl ( C. BI OufN Name(s)of Signer(s) who proved to me on the basis of...satisfactory evidence to be the person(1) whose name(gkisAce subscribed to the ithin instrument and acknowl ed to me that ar•-•- •- executed the same in his/ authorized capacity(ies), and that by s signature(4 on the CHRISTI M. PIDO instrument the personO, or the entity upon behalf of Commission# 1846385 el- which the person( acted, executed the instrument. Notary Public-California = Z Los Angeles County D M Comm.Expires Apr 25,2013 I certify under PENALTY OF PERJURY under the laws of the State of California that"fhe foregoing paragraph is true and correct. / WITNESS my hand!nd • -1 seal. I Signature Place Notary Seal Above / Sg Sire of Notary Public OPTIONAL f Though the information below is not required by law, it may prove valuable to perso / t ing on the document and could prevent fraudulent removal and reattachment of this form to pnother document. Description of Attached Document Title or Type of Document: Grso0-1 SeniaS A!rcc t°r Euimnm a#aa Co nsdlhAa J Jz Mcu (jNWQ4Q{S{ �nli4 nA ./ ' (.5) 1116;; Rdol{o Loy on Document Date: C)141/0q giglked Number of Pa g es: I c,,11 o{ Scat ?Kaki Signer(s) Other Than Named Above: 11adnel er (Air (119kaS. Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): U Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General RIGH- ❑ Partner—❑ Limited ❑ General m 1MBPntm- RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact _ OF SIGNER ;. El Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: r�agd�'ar<ewe.d.-d.•s-rs'ar�,,«w-a-m-s-ca-d.-�-..-✓q✓a-w.-ave.�w-e. _ -e'va.-av�-e..-e. 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 1�-i t." -v a�.p N.- t s s f c i f. ca. %4 Ceilata i.- .c 9 sst vitA 0 g.•0 9 S.-i.ta7 H 0`t t H. -atsSISC'HCn..5iC&.n*L-i.-oa.A State of California County of LOS Mrit�ks On` • 211 20c1 before me, CAttkf11 M• P1-170, MOTel `I Na l& Date Here Insert Name and Title of the Officer personally appeared ROPP 1 C o-rH I't Name(s)of Signer(s) who proved to me on the basis of s.tisfactory evidence to be the person(d) whose name*. - subscribed to the fain instrument and acknowl ged to me that heshe/they executed the same in is authorized capacity(ies), and that by his /thcir signature(') on the instrument the person(}, or the entity upon behalf of CHRISTI M. PIDO • * which the person(Ff acted, executed the instrument. ., { Commission# 1846385 i yY� Notary Public-California �9? Los Angeles County ' I certify under PENALTY OF PERJURY under the laws My Comm.Expires Apr 26,2013 of the State of California that he foregoing paragraph is true and correct. / IAZ WITNESS my hand an: .-3I. Signature Place Notary Seal Above Signature Notary Public OPTIONAL i �' Though the information below is not required by law it may prove valuable to persons relying g on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu ment 7aol��jtd Semi 4cQit4 {o' bt o Otto CDtut Seri/102Z Title or Type of Document: o1-p (ut Uwitht&1 /4( 0.cvrfin) e 1111. Acuity Opt Pr• h .o} Sal ( k Document Date: c /2(/09 Number of Pages: (� Signer(s) Other Than Named Above: }-cli1 e, 7 0 - C13fl.14t Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): U Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RGHTTMUMBPRINT ❑ Partner—❑ Limited ❑General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER - ❑Attorney in Fact _ OF SIGNER a. ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: -_ aa•v, .-s.• .- - -eo.•v.•-a-e--s--a-�.�.c>v w r .--.--e--ar r�e,....-a<-e--e-.-aze.-e.-xc.-a-e-va--e-v�esa ©2007 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • • EXHIBIT A q Consultant's Proposal Dated 0 ' 227 '2 OU 1 (Including Scope of Services) � - Stantec Consulting Corporation 3950 Paramount Boulevard,Suite 255 Lakewood, CA 90712 Tel: (562)354-2630 Fax:(562)354-2669 Star tee 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 Maintenance 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 perform 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)]; • • 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 Agency, and also uploaded to the SWRCB GeoTracker database as required; • 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 8260B 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 $4,250.00 and Reporting Fourth Quarter 2009/Second Quarter 2010 Groundwater $1,475.00 Gauging and Reporting 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 a11(1 Ke ly C. Brown, P.G. No 6714 Principal Geologist • • EXHIBIT B Fee Schedule and Standard Billing Rates • • STANTEC 2009 RATE SCHEDULE ENVIRONMENTAL PRACTICE AREA Stantec STANTEC 2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 1 of 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. Billing Rate Per Level Staff Member Title Hour Level 1 Civil/Scientist Intern $46 Level 2 Administrative $52 Level 3 Administrative I r $58 Level 4 Administrative II CADD Technician I Research Technician $65 Level 5 Administrative Ill 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 Ill 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 Services carry a 50% premium on labor. Overtime will be charged at 1.5 times the standard billing rate. All labor rates will be subject to annual increase. Other Direct Disbursements: Vehicle Mileage Prevailing IRS Rate • Subcontract Services Actual Cost+15% • Travel/Per Diem Actual Cost+15% Per Diem $ 150/day Capital Purchases and Expendable Materials Actual Cost+15% Express Delivery and Shipping Actual Cost+15% Standard Field Equipment (See Attached Schedule) Project Expenses: This charge will be 8%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 supplies,and use of common software such as AutoCad,Word, Excel and PowerPoint. • Maintenance of archives,both electronic and hardcopy,including space and handling. VPAdmin,Rate Sas'2009 Ralc Scchcdulc Stamm 2009 MASTER ER Rate Schedule Table 3 w Titles.docln • • STANTEC IRON EN RATE PRACTICE �! ENVIRONMENTAL PRACTICE AREA Stantec STANTEC 2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 2 of 3) Standard Field Equipment: Standard Field Equipment Rate Third Party Rental Equipment Actual Cost+15% 2"Grundfos Pump $100/day Air Sampling Pump $45/day Air Sparge Pilot Study Kit $60/day Anemometer/Manometer $25/day Bailer-Disposable $10/each Centrifugal Pump $45/day Color Copies(8.5 x 11) $1.25/copy Color Copies(11X17) $2/copy Color Copies(Plotter C/D size) $10/copy Color Copies(Plotter C/D size) $15/copy Combination Gas Detector(LEL/O2/CO/H2S) $65/day Compressor $60/day Conductivity Meter/Probe $15/day Data Logger $140/day Data Logger Pressure Transducer $30/each Delineators/Cones/Flags/Snow Fence $55/day Digital Camera $25/day Dissolved Oxygen Meter $80/day DO/ORP/Temp/Cond. Meter $100/day Dosimeter w/Data Logger $45/day Dreager Bellows/Pumps (Tubes not Included) $30/day Drum-55 Gallons $55/each Electric Generator $60/day Field Computer $25/day Field Truck(Heavy Duty) $150/day Field Truck/Van $85/day Field Vehicle Mileage Prevailing IRS Rate Gasoline/Diesel Generator $75/day Flame Ionization Detector(FID) $130/day Geo-Squirt Pump $25/day GPS Unit $30/day Groundwater Submersible Pump $60/day Groundwater Test Kits $55/day Hand Auger $30/day Hand Auger w/Slide Hammer $40/day Hach Ferrous Iron Test Kit $5/each Hach Hydrogen Peroxide Test Kit $5/each Horriba $15/day Hydac Meter $15/day LE V02 Meter $55/day Level C Safety Equipment $85/day Locking Well Cap-2" $25/each Locking Well Cap-4" $30/each Magnehelic Meter $20/day Magnetometer $50/day Metal Detector $15/day Oil/Water Interface Probe $55/day Organic Vapor Meter(OVM)/Organic Vapor Analyzer(OVA) $65/day Oversized B&W Plots $8/each Oversized Color Plots $15/each Ozone Sensor/Meter $55/day Penetrometer $30/day Peristaltic Pump $50/day pH/Temp./Conductivity Meter/Temperature Meter $25/day Photoionization Detector(PID) $110/day Safety Equipment—Level B $165/day V:'Admin'kate Setst2009 Rate Sechedule Stamec 2009,MASTER ER Rate Schedule_Table 3 w Titles docm • • STANTEC 2009 RATE SCHEDULE ENVIRONMENTAL PRACTICE AREA Stantec STANTEC 2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 3 of 3) Standard Field Equipment (continued): Standard Field Equipment Rate Safety Equipment—Level C $85/day Safety Equipment—Modified Level D $50/day Sampling Supplies/Disposables(Wells) $25/each Soil Gas Probe and Air Pump $35/each Soil Sample Ring/Tube/Sleeve $5/each Soil Sample Jars(Large) $7/each Soil&Groundwater Test Kits(PCB/TPH/Pentachlorophenol $60/each Survey Level and Transit $85/day Surge Block $25/day SVE Equipment $300/day Tedlar Bag $15/each Temperature Meter $15/day Turbidity Meter $30/day Vacuum Pump $45/day Vapor Extraction Pilot Study Kit $60/day VE Blower(Portable Unit) $55/day Well Locks $20/each Water Level Indicator $25/day Water Pump Generator(Electric/Gas) $60/day Well Sampling/Purging Pump $45/day V:AdmlmRale Sets'2009 Rate Sechedule Slamec 2009 MAS rER ER Rate Schedule ruble 3 w Titles docm • • EXHIBIT C Consultant Personnel • • ci) czt U V r-t N � � / bQ K / on o N �q ,id U c4 o (1) a C. O at to • U cl 0 — E ct U el to K