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HomeMy WebLinkAbout2010 CON Geohydrologic Consultants - PD Environmental Monitoring Well ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND GEOHYDROLOGIC CONSULTANTS, INC. THIS AGREEMENT is entered into this Z51H day of ti4 u-I , 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and GEOHYDROLOGIC CONSULTANTS, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ an Environmental Consultant to provide as -needed Environmental Monitoring Well services for the National City Police Department Monitoring Well semi-annual testing requiring three events. WHEREAS, the CITY has determined that the CONTRACTOR is a firm specializing in Environmental Consulting, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Charles Nissley, Sr. Civil Engineering Technician, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Richard Vogl, Principal Hydrologist, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be as set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than 2 what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR. and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 4 The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this • Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) 5 days prior written notice to the CITY of cancellation or material change ten (10) days if cancellation is for nonpayment of premiums. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of detertining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof that does not exceed $25,000 and which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, 6 evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR' s breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Maryam Babaki City Engineer City of National City 1243 National City Boulevard National City, CA 91950 7 To the CONTRACTOR: Richard Vogl Principal Hydrologist GcoHydrologic Consultants, Inc. 5912 Bolsa Avenue, Ste. 200 Huntington Beach, Ca. 92649 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. 8 E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. • Exhibit A — Scope of Services and Fee Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H, Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Bv: APPROVED AS TO FORM: George H. Eiser, III City Attorney GEOHYDROLOGIC CONSULTANTS, INC. (Two signatures required) By: 10 EXHIBIT "A" 11 GeoHydrologic Consultants, Inc. February 24, 2010 Mr. Charles Nissley City of National City 1243 National City Blvd. National City, California 91950 Subject: Scope of Work for Bi-Annual Groundwater Monitoring Activities at 1200 National City Boulevard, National City, California Dear Mr. Nissley: GeoHydrologic Consultants, Inc. (GHC) is pleased to present this Scope of Work for groundwater monitoring activities at the above referenced Sites. This Scope of Work was prepared based on information that GHC obtained from the State of California GeoTracker Database, which indicated that 1200 National City Site (Police Station) has eight wells that require sampling and monitoring, however two of these wells could not be located by previous consultants and are therefore presumed to be lost and were not included in our cost estimate. The scope of work will include purging and sampling of six groundwater monitoring wells in accordance with County of San Diego, Department of Environmental Health, required groundwater sampling protocols. Purge water will be placed in a DOT approved 55-gallon drum for subsequent proper disposal as non -hazardous. We have assumed based on past groundwater sampling events, that each event will generate one drum of purge water per monitoring event. The six groundwater samples will be analyzed by a State Certified laboratory for total petroleum hydrocarbons as gasoline (TPHg), diesel (TPHd), motor oil (TPII Motor Oil), and for benzene, toluene, ethylbenzene, xylenes, and oxygenated compounds by EPA methods 8015B and 8260B, respectively. A Semi -Annual Groundwater Monitoring Report will also be generated and submitted to the County of San Diego, Department of Environmental Health for their review. We look forward to assisting you on this project. If you have any questions regarding this Scope of Work please contact me at (714) 898-5727. Sincerely Richard A. Vogl, P.G., C.H.G.,'C.E.G. Principal Hydrogeologist 5912 Bolsa Avenue, Suite 210, Huntington Beach, California 92649 Phone (714) 898-5727, Fax (714) 898-5701 2010 SCHEDULE OF CHARGES GEOHYDROLOGIC CONSULTANTS, INC. Charges for work performed on a project will be calculated and billed in U.S. currency at the rates and by category shown below. Labor rates include all fringe benefits, burdens, and fees. This schedule is revised annually at the beginning of each year. Changes within a calendar year will not be made on a project in progress without prior notification. Professional Services* RATE PER HOUR Staff $65 Senior Staff 75 Project 85 Senior Project 95 Senior 135 Senior Associate 150 Principal 200 Field and Technical Support Services Environmental Technician 50 Engineering Designer/CADD Operator 55 Project/Administrative Assistant 40 Publications and Graphics Support Services Technical Editor 40 Illustrator 50 Reproduction 35 *Includes Engineer, Hydrogeologist, Chemist, Scientist, etc. Expert Witness (Deposition and Testimony) = 1.5 times billable rate. Fifteen percent (15%) will be added to direct expenses to cover administration of travel, subsistence, contracted printing costs and photographic work, materials and supplies, and other out-of-pocket expenses. Outside services for which GeoHydrologic Consultants, Inc. administers a subcontract, such as drilling, laboratory services, utility locators, etc., and other outside services such as rental equipment, will be charged at cost plus fifteen percent (15%). This charge includes insurance costs, business taxes, administrative fees, processing fees, and carrying costs. Supplemental staff retained by GeoHydrologic Consultants, Inc. for project -specific needs will be billed at the appropriate staff rates. Internal costs for telephone, routine postage, and per page photocopying will be covered by a 1.4% communication fee based on total project invoice. Time spent in domestic travel will be billed with the foregoing schedule, except that no more than eight hours of travel time will be billed in any one day. INVOICES AND PAYMENT Invoices will be issued routinely on a final or partial basis. Payment is due upon receipt. Interest of one and one-half percent per month (18% per annum) will be applied to the outstanding balance for accounts not paid within thirty (30) calendar days from receipt of the invoice. This does not constitute a credit agreement. Client shall pay any attorney fees, court, and other costs associated with collection of any delinquent amount. 5912 Balsa Avenue, Suite 210 Huntington Beach, California 92649 Phone (714) 898-5727, Fax (714) 898-5701 GeoHydrologic Consultants, Inc. February 25, 2010 Mr. Charles Nissley City of National City 1243 National City Blvd. National City, California 91950 Subject: Cost Estimate for Semi -Annual Groundwater Monitoring Activities at 1200 National City Boulevard, National City, California Dear Mr. Nissley GeoHydrologic Consultants, Inc. (GHC) is pleased to present this cost estimate for groundwater monitoring activities at the above referenced Sites. This proposal was prepared based on information that GHC obtained from the State of California GeoTracker Database, which indicated that the 1200 National City Site (Police Station) has eight wells that require sampling and monitoring, however two of these wells could not be located by previous consultants and are therefore presumed to be lost and were not included in our cost estimate. We have also assumed based on past groundwater sampling events, that the site will generate one drum of purge water per monitoring event that will be disposed of properly as non- hazardous purge water. For cost estimating purposes, and based on the past sampling activities at these sites, we have assumed that groundwater samples will be analyzed by a State Certified laboratory for total petroleum hydrocarbons as gasoline (TPHg), diesel (TPHd), motor oil (TPH Motor Oil), and for benzene, toluene, ethylbenzene, xylenes, and oxygenated compounds by EPA methods 8015B and 8260B, respectively. A Semi -Annual Groundwater Monitoring Report will also be generated and submitted to the County of San Diego, Department of Environmental Health for there review. This work will be conducted on a time and materials basis in accordance with our 2010 schedule of charges and this estimate. Our estimated costs are as follows: Groundwater Sampling Labor and Equipment, 6 wells Groundwater Sample Laboratory Analytical, 6 samples Groundwater Drum Disposal, 1 Drum Non -Hazardous Semi -Annual Monitoring Report Total Estimated Cost Per Semi -Annual Event $ 900 $ 960 $ 250 $ 850 $ 2,960 We have assumed that a traffic control permit and traffic control will not be required for sampling any of the wells. 5912 Bolsa Avenue, Suite 210, Huntington Beach, California 92649 Phone (714) 898-5727, Fax (714) 898-5701 Costs have been estimated for three consecutive semi-annual sampling events to be conducted beginning with the January -June 2010 period with reporting by July 15, 2010, with a total contract amount not to exceed $8,880. We look forward to assisting you on this project. If you have any questions regarding this cost estimate please contact me at (714) 898-5727. Sincerely, ichard A. Vogl, P.G., C.H.G., C.E.G. Principal Hydrogeologist City of National City Groundwater Monitoring Police StationGHC 2 National City Police Department Well Sampling Event Schedule of Work The schedule shall consist of three consecutive semi-annual sampling events being conducted beginning with the January -June 2010 period with reporting by July 15, 2010, continuing with the July -December 2010 period with reporting by January 15, 2011 and concluding with the January -June 2011 period with reporting by July 15, 2011. MAR-09-2010 12:29 FROM: 7146853280 TO:714 898 5701 P.1'3 ACCORD CERTIFICATE OF LIABILITY INSURANCE °A03/04//2010 PRODUCER LEGEND, ENVIRONMENTAL INE,EVCS,LLC 2165 N GI.ASSELL STREET ORANGE, CA B2565 LICENSE #0079875 714685-200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAICB INSURED ---I GEOHYDROLOGIC CONSULTANTS, INC. 5912 BOLSA AVENUE SUITE 210 HUNTINGTON BEACH, CA 92649 INSURER A: WESTCHESTER SURPLUS LINES INSURER B: INSURER c: NSURERo: INSURER E: edal # THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDTnON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREBI IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PoApDUC Es, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ns ILTR N3" •. TYPE OP INSURANCE POLICY NUMBER D__ T�IAMPo_M ppppLLF2pO�� OILTE INMNo/YT7Y1 WITS A GENERAL LUBIUTY COMMERCIAL GENERAL LIABILITY G24052734002 CLAIMS MADE RETRO DATE 12/26/06 12/26/09 EACH OCCURRENCE S 1,000,000 12/26/10 PitmAGAES TEeo urD,enw) S 50,000 IMAYS MADE X OCCUR MEDEXP (My meMM1 n) 3 5,000 CONTRACTOR POLL PERSONAL S MV INJURY S 1.000,000 GENERALAOGREGATE 3 2.000,000 GENL AGGREGATE LIMIT APPLIES PER POLICY I !� I JFn LOC PRODUCTS. cOi /eAGG S 2,0001000 AUTOMOBILE ■ ■ ■ Ill ■ LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NOMO NEDAUTOS - COMBINEDLJ SINGLE MIT (Ea BODILY INJURY (Per person) S BODILY INJURY (Per eoddeM) 3 _^. PROPERTY DAMAGE (Per memory 3 GARAGE LIABILITY . ANY AUTO AUTO ONLY - BA ACCIDENT 3 OTHER THAN EA ACC S AUTO ONLY AGG 3 EXCa361 ■ UMBRELLA LIABILITY OCCUR I♦ CLAIMS MACE DEDUCTIBLE RETENTION S EACH OCCURRENCE 3 AGGREGATE S 3 II S EMP ANY OFPICERMEMBER I'l 8 OYER, PROPRIETOPIPARTHEWEXECUTNE AL S COMPENSATION AND LIABILITY EXCLUDED? 3 y� gSTT��A MI' 1To T UIBT TS I I ER EL EACH ACCIDENT S EL DISEASE • EA EMPLOYEE 3 Ir„�r PROVISIONS beiw, EL DISEASI. 01.1CY.LIMIT i A PR CLAIMS ESSIONAL LIABILITY MADE G24052734002 12/26/09 . 12/26/10 $1,000,000/ $2,000,000 DEsciarnGN OF OPERATIONS/LOCATWNSNEHICLE3/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF NATIONAL CITY IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO WORK PERFORMED FOR THEM BY THE NAMED INSURED RE'. POLICE STATION GROUND MONITORING CERTIFICATE HOLDER CITY OF NATIONAL CITY ATTN; MR. CHARLES NISSLEY 1243 NATIONAL CITY LBVD. NATIONAL CITY, CA 91950 CANCELLATION SHOULD ANY OF THE MOW DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TILE CERTIFICATE HOLDER NAMED TOTHE LEFT. BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND THE INSURER. ITS AGENTS OR REPRESENTATIVES. ANIHOPLED REPRESENTAThE ACORD 25 (2009101) fD 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MAR-09-2010 12:29 FROM: 7146853280 TO:714 899 5701 P.2'3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) MAR-09-2010 12:29 FROM: 7146653280 TO:714 898 5701 P.3,3 Named Insured GeoHydrologic Consultants Po4cy Symbol Policy Number Policy Penod EPW i 624052734002 12/26/2009 TO 12/26/2010 12/26/2009 'insured Ay (Name of Insurance Company) Westchester Surplus Lines Insurance Co t Endorsement Number Effective Date of Endorsemen THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE POLICE STATION Name of Faison or OroarikatlarL CITY OF NATIONAL CITY Any person or organization that is an owner of real property or personal property on which you are performing operations. or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement A. SECTION 11 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions ENV-3100 (OE-04) 47 This insurance does not apply to bodily Injury or property damage occurring after: (1) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addtional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project_ Includes copyrighted material of Insurance Services Office, Inc. with its permission Pege 1 of 1 MAR-04-2010 15:26 From: 7140162999 To:917148985701 Pase:1/2 c:)R CERTIFICATE OF LIABILITY INSURANCE�gjw PRODUOM Stiviere insurance Services Lie. 40776052 5155 Ball Rd. Cypress CA 90630 Phone:714-816-2900 Fax:714-816-2999 DATE {NI40WYYY4 03/04/10 THIS CSRTIFICATE 15 ISSUED AS A MATTER -OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTWICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED NY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Geo gvdroloaic Coe ultants, in 5912 salsa Avenue 200 Huntington Beach 92649 NAIC t INSURER A; Farmers Insurance Exchange INSURERS: INSURCR C INTAFIER O• COVERAGES THE ANY MAY POUGIEs. LTR POL1OIEB HEDUIRBABNT, PEwTAIN, MS AGGREGATE OF INAURANCE ULM mow HAW KEN ,*WED TV THE INURED NAMED ABOVE POR THE POLICY PERIOD 1NDIOAI W. NG1WITNBTANDIN0 TERM OR CONDITION OP ANY CONTRA°, OH OTHER oacus1ENT WITH RESPECT 70 WHICH TIE; (ERTIROAI E MAY BE Iwo OR THE MYi1RANCS *STOWED BY THE POLICIES DFRORIBED HEREIN 10 MEUCCI r U AL. THE TERMS, EOCLtIY1ONE AHOY CONDrnoNB OP SUCH UNITS SHOWN MAY HAVE SEEN REDUCED BY PAC CI AlI TYPE OF INSURANCE POLICY NUMBER O� UMTTS RENENAL LNa6vTY COMMENNAL GENERAL LIABILITY FACH OCCURRENCE S FRF.,111E:BeaoDwin* 8 ;ANUS wee 1111 OCCUR NED BO(My ono person) * PERSONAL A ADVINAJRY S SEW 7 ("FOALA00REQATE 8 AA0NEGATE�LIMIIT APPLIES PEA POLICY 7 JECT n LOC PRODUCTS - COMP/OP AUG * X X X A A 8 i DTOM°°'r _ X X X X T LABILITY ANY,JTBO 09410 73 74 09/01/09 09/01/10 cO1Nm SOW LAST (E = : l , 000, 000 BODILY INJURY (P°rPeN°'» : BODILY INJURY a°oden* PROPERTY WA AGE Irer madam i Coll 1000 SARA= 1AIN IJABLLRY AUTO AUTO ONLY- EA ACCIOCNN 0 OTHER THAN FA ACC A AUTO ONLY: AGO $ mICEI JOCCUR _ _ / UMBRELLA LIANUTY CLAIMS MADE OCOUCrIBLG RETENTION $ EALH OCCURRENCE $ AOOREGATC * $ _ $ WORKEA*DOMPENNATIOM AND &SALAYCLBI Lamm NO' PROPNETORmummmNsomn O�PTIeIaALOAN1. IXq.UD W? OhmesMPr laNIQ SPERM. PROH,IOIONS below WU UI ANAL Vm �TOAY}1NRS I FR 6L EACH ACCIDENT $ EL MAAR.-FA EMPLOYEE $ EL DWARF - POLICY UMIT A °TRAP DESONTIOR Of OPERATIONS / LOCATION* / VEHctis / E ICLUSIONaPODED BY ENDORSEMENT /SPUdAL PROVISIONS The City of National City , its elected officials , officers, agents and employ005 are listed as additional insured with respects to auto Liability as per the endorsement to follow from carrier. CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91960 1 1 ACORD 25 (2009/01) NIOU1,0 ANY OF THE ABOVE 0ESCRIDED POLICIES RE CARGELLED BEFORE THE EJFEIATKIN DATE THEREOF, THE a$UBNB INSURER WLL 19NOCAVOR TO MML 30 DAY1 WRITTEN s0110! TO THE carrlTCAT= HOLO1S NAMED TO TNP, LEFT, suT PALUBE TO DO so WALL morose NO OSUGATION OR LIABILITY OF ANY AND UPON THE IN$WIER, trsmows as REPRESENTATIVES. AUTHORIZED Agif m 1 i CORD CORPORATION. All rIslus rP srwtl, The ACORD Rams and logo me rsgllstsrsd marks of ACORD MAR-04-2010 15:26 From: 7148162999 To:917148985701 Pase:2/2 POLICY NUMBER: 094107374 COMMERCIAL AUTO CA 20 48 02 88 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifles insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "Insureds" under the Who Is An Insured Provision of the Coverage Form. This e ndorsament does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the inception date of the policy uhle8i another bate is indicated below. Endorsement Effective: n9/011" Named Insured: Geo Hydrologic Consultants, Inc. Countersigned By: SCHEDULE (Authorized Representative) Name of Persona) or Or anizetionts): City of National City, its elected officials, officers, agents and employees Of no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each parson or organization shown In the Schedule Is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as ah "insured" under the Who le An Insured Provision contained in Section 0 of the Coverage Form. CA20480299 Cablitilthi. inchmanna c,,.:. . n.e-- CPRTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCf7,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-06-2010 CITY OF NATIONAL CITY ENGINEERING DEPARTMENT 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SG r.RQUP_ POLICY NUMBER: 1726631-2010 CERTIFICATE ID: 18 CERTIFICATE EXPIRES: 03-06-2011 03-06-2010/03-06-2011 This is to certify that we have Issued 3 valid Vjrk rs' Compensation insurance policy in a `Grim approved Sy the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancelhation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coyeraoe afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be i55ueu or to 'w i.ch it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions: and conditions. of such policy. THORIZED REPRESEtJTATItTc PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE_ ENDORSEMENT #1600 - RICHARD VOGL P,S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03-06-2010 IS ATTAINED TO AND FORMS A PART OF THIS POLICY. EMPLOYEE; GEOHYDROLOGIC CONSULTANTS INC S912 BOLSA AVE STE 210 HUNTINGTON BEACH CA 92649 SG 1EBC,CNl {s€v.:2-05i PRINTED : 02-24-2010 s -'" This Space For Filing Use Onl ° , State of California ---Is=� Kevin Shelley . ^l ► Secretary of State 6444.;. INFORMATION STATEMENT OF (Domestic Stock Corporation) 400 TI tT -=.i? d TIROM°t SEXORPOOOLETAW 1. CORPORATE NAME: (Please do not alter if name is preprinted.) DUE DATE: May 4, 2003 GEOHYDROLOGIC CONSULTANTS; INC. Ah�d 2. �CHECK HERE IF THE CORPORATION IS PUBLICLY TRADED. IF PUBLICLY TRADED, COMPLETE THIS STATEMENT OF INFORMATION AND THE CORPORATE DISCLOSURE STATEMENT (FORM SI-PTSUPP). SEE ITEM 2 OF INSTRUCTIONS. C � i e ? ]_'.q. 4 !A FLY,r+}•:•Y'. ,.... K. ,. , w 3. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY AND STATE ZIP CODE 3151 Airway Avenue, Bldg. H1 Costa Mesa, CA 92626 4. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 3151 Airway Avenue, Bldg. H1 Costa Mesa, CA 92626 5. MAILING ADDRESS CITY AND STATE ZIP CODE 3151 Airwa Avenue, Bldg H1 Costa Mesa, CA 92626 'mq : a ero-s� r-w-tz �=a 8. CHIEF EXECUTIVE OFFICER/ ADDRESS CRY AND STATE ZIP CODE Richard A. Vogl 3151 Airway Ave., Bldg. H1, Costa Mesa, CA 92626 7. SECRETARY/ ADDRESS CITY AND STATE ZIP CODE Richard A. Vogl 1151 Airway Ave., Bldg. 111, Costa Mesa, CA 92626 8. CHIEF FINANCIAL OFFICER/ ADDRESS CITY AND STATE ZIP CODE Richard A. Vogl 3151 Airway Ave., Bldg. H1. Co e C 9 626 .5 92.^.'(1v.4 i.+li >w•i. r.2-3. a'%M Sn'.. A.. 9. NAME ADDRESS CITY AND STATE ZIP CODE Richard A. Vogl 3151 Airway Ave., Bldg. H1, Costa Mesa, CA 92626 10. NAME ADDRESS CITY AND STATE ZIP CODE 11. NAME ADDRESS CITY AND STATE ZIP CODE 12. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY LtS1. Th€"AG 17' t= FRrSERV1OF-PR17CESS O 'IliaFr> 5tenxln r ttfed 49 c i� ' ' = ` 13. CHECK THEAPPROPRIATE PROVISION BELOW AND NAME THE AGENT FOR SERVICE OF PROCESS XXI AN INDIVIDUAL RESIDING IN CALIFORNIA. [ ) A CORPORATION WHICH HAS FILED A CERTIFICATE PURSUANT TO CALIFORNIA CORPORATIONS CODE SECTION 1505. AGENT'S NAME Richard A. Vogl 14. ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 3151 Airway Ave., Bldg. H1, Costa :Mesa, CA 92626 15. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION Environmental and Hydrogeologic Consulting Services 18. THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS UE AND CORRECT [X ) YES Richard A. Vogl CEO 347--03 TYPE OR PRINT NAMF OF OFFICER OR AGENT SIGNATU E TITLE DATE 51-200 C (REV 01/2003) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax GEOHYDROLOGIC CONSULTANTS, INC. Environmental Monitoring Well Services for the National City Police Dept. Charles Nissley (Engineering) Forwarded Copy of Agreement to Contractor