HomeMy WebLinkAboutHART CROWSER, INC. - 2003-06-26/mt tty`, Contracts Checklist for Submittal to
, f
City Clerk's Office
fi¢nt Beach'
(Please transmit this form when your contract is ready to be filed in the City Clerk's office)
To: Connie Brockway, City Clerk
x5404
1. Name of Contractor: HART CROWSER INC.
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
Consultant to provide lead impacted soil stabilization bench -scale testing services in
the City of Huntington Beach
3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your
department if the file is ready to inactivate.
December 31, 2003
4. Amount of Contract: Under $40,000
A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? 1!2,YESI�N O
B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? ❑ YES;�N/A
OR Is the attached contract a SOLE SOURCE? ❑ YES ❑ N/A
C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? YES
PLEASEINCLUDE:
Joan Giguere — X8827
Name/Extension
City Attorney's Office
Department
%/l Y/®-3
Date
g:/forms/city clerk contract checklist.doc
CITY CLERK'S OFFICE USE ONLY:
%Y 0 1 143114�9_3
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
HART CROWSER, INC.
FOR BENCH -SCALE TESTING, LEAD
IMPACTED SOIL STABILIZATION
Table of Contents
1
Scope of Services, Acceptance of Risk....................................................................1
2
Acceptance of Conditions of Work..........................................................................4
3
City Staff Assistance................................................................................................5
4
Term; Time of Performance.....................................................................................5
5
Time of the Essence.................................................................................................5
6
Compensation..........................................................................................................5
7
Extra Work...............................................................................................................5
8
Method of Payment..................................................................................................6
9.
Disposition of Plans, Estimates and Other Documents...........................................7
10
Hold Harmless................................•........................................................................7
11
Professional Liability Insurance..............................................................................8
12
Workers' Compensation Insurance..........................................................................9
13
General Liability Insurance......................................................................................9
14
Certificate of Insurance............................................................................................10
15
Independent Consultant...........................................................................................11
16
Differing Site Conditions.........................................................................................11
17
Termination of Agreement........................................................................................12
18
Assignment and Delegation......................................................................................13
19
Waiver of Claims.....................................................................................................13
20
City Employees and Officials...................................................................................14
21
Notices.........................................................................................14
22
Consent....................................................................................................................14
23
Modification.............................................................................................................15
24
Section Headings.....................................................................................................15
25
Interpretation of this Agreement..............................................................................15
26
Duplicate Original....................................................................................................16
27
Immigration..............................................................................................................16
28
Legal Services Subcontracting Prohibited................................................................16
29
Attorney's Fees..........................................................................................................16
30
Survival.................................................................................. ..............................
.....17
31
Governing Law.........................................................................................................17
32
Entirety......................................................................................................................17
0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
HART CROWSER, INC.
FOR BENCH -SCALE TESTING, LEAD
IMPACTED SOIL STABILIZATION
THIS AGREEMENT ("Agreement") is made and entered into this day of
,Iu n e, 2003, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and HART
CROWSER, INC., a California corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide lead
impacted soil stabilization bench -scale testing services in the City of Huntington Beach;
and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
Phase I:
1. SCOPE OF SERVICES• ACCEPTANCE OF RISK
CONSULTANT shall provide all services as described below These
services shall sometimes hereinafter be referred to as the "PROJECT:"
A. Prepare a site specific health and safety plan for the Project.
B. Use a backhoe to collect several scoops of soil from the site to generate a
representative sample of the site soils
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C. Screen the sample soil to remove the bullets, bullet fragments and shot (if any)
to generate a homogeneous sample.
D. Prepare a composite sample (two 5-gallon capacity buckets) representative of
the excavated and stockpiled soil from each of the three areas at the site.
E. Backfill potholes with remaining onsite soils.
F. Analyze the composite representative sample for pH, total and soluble lead
content (Title 22 CAM metals, TTLC & STLC) using EPA Methods 150.1 and
6000/7000 respectively. If necessary the sample will be analyzed for leaching
potential (TCLP) using EPA Method 601013.
G. Conduct a bench -scale test of the three representative soil samples for
solidification/stabilization parameters using pozzolanic-based materials to
determine (by laboratory analyses) the optional mix design and appropriate
reagent ratios for the site soils.
H. Take representative samples of the telephone poles used as screens and
backgrounds to determine the most feasible solutions for future handling. The
options that will be explored will be recycling and re -use at other ranges such
as 29 Palms or Camp Pendelton Marine Bases, transport & disposal as non-
hazardous/regulated material to an appropriate and licensed landfill that is
permitted to accept this material, and on the basis of field testing and screening
determine potential ratio of poles that may have to be disposed as hazardous
due to the high level of lead content.
I. Working closely with Hart Crowser. we will prepare a letter report inclusive of
our findings, conclusions and recommendations for the site. The feasibility and
Oeagme.'american intecrated/6125/03 2
cost effectiveness of fixation and stabilization of the site soils in the three
distinct impact areas. The report will include estimated volume calculations of
the impacted soil for treatment, equipment work for handling the soil, treatment
and backfill of the soils. Finally, the report will determine the alternatives and
associated costs for the handling of the numerous wood poles. The report will
look at the poles from the feasibility of recycling and re -use at other facilities to
the non -hazardous, California Hazardous and RCRA Hazardous transportation
and disposal options.
The PROJECT field work shall commence on or prior to June 30, 2003, and shall
be completed no later than six weeks from the Commencement Date of this Agreement,
based on the following schedule: CONSULTANT shall deliver to the CITY (and its
designated representatives) a draft summary of findings and preliminary remedial costs by
no later than July 24, 2003, followed by the delivery to the CITY of a draft report
summarizing CONSULTANT'S PROJECT findings. conclusions and recommendations by
no later than July 30, 2003.
CONSULTANT shall prepare and obtain approval for all shop drawings,
details and samples, and do all other things necessary and incidental to the prosecution of
the PROJECT. CONSULTANT shall complete the PROJECT pursuant to this Agreement
and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies,
transportation, utilities and all other items, services and facilities necessary to complete and
construct the PROJECT in a good and workmanlike manner.
In completing the PROJECT, CONSULTANT shall have complete control
of the premises on which the work is to be performed and shall have the right to decide the
Ocagree.'american integratedl612503 3
time and order in which the various portions of the PROJECT shall be performed and,
specifically, in the selection of the number and location of sites to be excavated in order to
obtain a representative soil samples.
CONSULTANT agrees to fully assume the risk of all loss or damage
arising out of the nature of the PROJECT and due to CONSULTANT'S negligence, during
its progress or prior to acceptance by CITY, from the action of the elements, from any
unforeseen difficulties which may arise or be encountered in the prosecution of work, and
for all other risks of any description in connection with the work, including, but not limited
to, all expenses incurred by or in consequence of the suspension or discontinuance of
work, except such as are herein expressly stipulated to be borne by CITY, and for well and
faithfully completing the work within the stipulated time and in the manner shown and
described in this Agreement, and in accordance with the requirements of CITY for the
compensation set forth in the accepted bid proposal.
CONSULTANT hereby designates Ravi Limaye who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
2. ACCEPTANCE OF CONDITIONS OF WORK
CONSULTANT acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement, the location of the job site, and the
conditions under which the work is to be performed, and that it enters into this Agreement
based upon its thorough investigation of all such matters and is relying in no way upon any
opinions or representations of CITY.
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3. STAFF ASSISTANCE
CONSULTANT shall work under the direction of the City Attorney in the
performance of this Agreement.
4. TERM, TIME OF PERFORMANCE
The services of CONSULTANT are to commence as soon as practicable
after the execution of this Agreement by CITY (the "Commencement Date"). This
Agreement shall expire on December 31, 2003, unless sooner terminated as provided
herein.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
6. COMPENSATION
In consideration of the performance of the PROJECT described herein,
CITY agrees to pay CONSULTANT on a time and materials basis a fee, including all costs
and expenses, not to exceed Thirty -Six Thousand Eight Hundred and Sixty -Five Dollars
($36,865.00).
7. EXTRA WORK
In the event CITY requires additional services not included in Section I
hereof or changes in the scope of services described in Section 1, hereof, CONSULTANT
will undertake such work only after receiving written authorization from CITY.
Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained.
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Should the CITY deem additional work necessary, CONSULTANT shall be
compensated at rates as identified in Exhibit A.
8. METHOD OF PAYMENT
invoices shall:
CONSULTANT shall submit to CITY invoices on a monthly basis. Such
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due; and
4) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the provisions of this
Agreement.
Concurrent with submitting the invoice. CONSULTANT shall file with the
CITY its affidavit stating that all workers and persons employed, all firms supplying
materials and all laborers working upon the PROJECT have been paid in full and that there
are no claims outstanding against the PROJECT for either labor or material, except certain
items, if any, to be set forth in CONSULTANT's affidavit covering disputed claims, or
items in connection with Notices to Withhold, which have been filed under the provisions
of the statutes of the State of California.
Upon submission of the invoices and affidavits, CITY shall approve the
invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not
approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -
approval and the schedule of performance may at the option of CITY be suspended until
4eagreelamcrican integratedl61251103 6
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the parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
9. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
for all purposes associated with the remediation of the CITY's Gun Range site.
The services performed under this Agreement are at the direction of the City
Attorney. All work product shall be delivered to the City Attorney. The services
requested are in connection with a litigation matter and are in preparation for testimony.
10. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's sub -contractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
0eagree/american integrated/6/25/03
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CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
11. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT`s professional liability in an amount not less than One
Million Dollars (S 1.000,000.00) per claim and in the aggregate. The above -mentioned
insurance shall not contain a self -insured retention, "deductible" or any other similar form
of limitation on the required coverage which exceeds $100,000.00. A claims -made policy
shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
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12. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE
Pursuant to California Labor Code Section 1861. CONSULTANT
acknowledges awareness of Section 3700 et seq. of this Code, which requires every
employer to be insured against liability for workers' compensation: CONSULTANT
covenants that it will comply with such provisions prior to commencing performance of
the work hereunder.
CONSULTANT shall obtain and furnish to City workers' compensation
and employer's liability insurance in an amount of not less than the State statutory limits.
CONSULTANT shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the
terms of the workers' compensation and employer's liability insurance and
CONSULTANT shall similarly require all subcontractors to waive subrogation.
13. ' GENERAL LIABILITY INSURANCE
In addition to the professional liability, workers' compensation and
employer's liability insurance and CONSULTANT's covenant to defend, hold harmless
and indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the
PROJECT. This policy shall indemnify CONSULTANT, its officers, employees and
agents while acting within the scope of their duties, against any and all claims arising out
or in connection with the PROJECT, and shall provide coverage in not less than the
following amount: combined single limit bodily injury and property damage, including
Oeagreelamerican integratedl6/25/03 9
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products/completed operations liability and blanket contractual liability, of One Million
Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes
a designated general aggregate limit, the aggregate limit must be no less than One Million
Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected
or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall
specifically provide that any other insurance coverage which may be applicable to the
PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be
primary.
Under no circumstances shall said above -mentioned insurance contain a
self -insured retention, or a "deductible" or any other similar form of limitation exceeding
$15,000.00 on the required coverage.
14. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY certificates of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the
certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
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CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
15. INDEPENDENT CONSULTANT
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent CONSULTANT herein and not as an employee of
CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for
any and all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
16. DIFFERING SITE CONDITIONS
A. Notice: CONSULTANT shall promptly, and before such conditions
are disturbed, notify CITY in writing of:
(1) Subsurface or latent physical conditions at the job site
differing materially from those indicated in this Agreement
or the Contract Documents; or
(2) Unknown physical conditions at the job site, of an unusual
nature, differing materially from those ordinarily
Qeagreeramerican integrated '6126;03 11
encountered and generally recognized as inherent to work of
the character to be performed under this Agreement. CITY
shall promptly investigate the conditions and if it finds that
such conditions do materially so differ and cause an increase
or decrease in the time required for performance of any part
of the work under this Agreement, whether or not changed as
a result of such conditions, an equitable adjustment shall be
made and the agreement modified in writing accordingly.
B. Time Extension: No claim of CONSULTANT under this Section
shall be allowed unless CONSULTANT has given the notice
required hereunder provided, however, the time prescribed therefor
may be extended by CITY.
17. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
If CONSULTANT fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt
or makes an assignment for the benefit of creditors or becomes insolvent, or violates any
Oeagreciamerican iateerated.'6 25iO3 12
provision of this Agreement or the Contract Documents, CITY may give CONSULTANT
notice in writing of its intention to terminate this Agreement. Unless the violation is cured
within ten (10) days after such Notice of Intention has been served on CONSULTANT,
CITY may, without prejudice to any other remedy it may have, terminate this Agreement
upon the expiration of that time. Upon such default by CONSULTANT, CITY may elect
not to terminate this Agreement; in such event CITY may make good the deficiency in
which the default consists and deduct the resulting costs from the progress payments then
or to become due to CONSULTANT.
If it is subsequently determined by a court of competent jurisdiction that
CITY's termination of this Agreement under this Section was wrongful, such termination
shall be converted to a termination for convenience under Section 23 and any damages
shall be assessed as set forth in Section 23.
18. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned,. delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved. all approved assignees, delegates and subcontractors must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
19. WAIVER OF CLAIMS
The acceptance by CONSULTANT of the payment of the final certificate
shall constitute a waiver of all claims for payment for services rendered against CITY
under or arising out of this Agreement.
0eagreelamerican integrated/&254/03 13
20. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
21. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section l
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
Scott Field, Assistant City Attorney
City of Huntington Beach
2060 Main Street
Huntington Beach, CA 92648
22. CONSENT
TO CONSULTANT:
Ravi Limaye, PE, REA
HART CROWSER, INC.
301 E Ocean Ave. Suite 1950
Long Beach, CA 90802-4878
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
4eagreelamerican integrated16125M 14
23. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
24. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret. define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
25. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
Oeagreelamcrican integrated,6125103 15
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which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
26. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
27. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of United States Code regarding employment verification.
28. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, . and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
29. ATTORNEV S FEES
In the event suit is brought by either party to construe. interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
Oeagree/american imegrated.!6f25/03 16
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each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
30. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
31. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
32. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation. inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
Oeagree/american integrated 6:25,103 17
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
HART CROWSER, INC.
Bv
J'ah n. GrowSCr
print name
ITS: (circle one) Chairman: esiden ice President
AND
4/4'
0 By:
1-gbwt-,,7,woh
print name
ITS: (circle one) Secretary: hief 1 financial Offic Asst.
Secretary —Treasurer
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
��� City Attorney
V �, (Pursuant To H&VIC §3.03.100)
APPROVF,D AS TO FORM:
City Attorney
REVIEWED AND APPROVED:
City Administrator
(only for contracts S50, 000.00 and over)
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EXHIBIT A
HART CROWSER RATE SCHEDULE
Sr. Principal
$170
Principal
$155
Sr. Associate
$140
Associate
$125
Sr. Project
$110
Project
$ 95
Sr. Staff
$ 80
Staff
$ 65
Technician
$ 55
Sr. Drafter
$ 70
Drafter
$ 55
Project Assistant/Technical Word Processor
$ 55
DIRECT CHARGES
Auto Mileage
Current Federal Standard
TruckNan Rental (Half -day minimum)
$70.001day
Subcontractors and Outside Vendors
Cost + 10%
Communication Charge
5% of Billed Labor
The current Schedule of Laboratory and Field Charges for field equipment rental and
supplies is available upon request. All rates are subject to change without notice.
For expert testimony and legal assistance an additional 50% increase on the above
rates will be applied.
The communication charge covers general copying,
telephone, fax and mail charges
specific to the project. Charges for overnight delivery of documents are not covered by
this charge.
06i25iO3 10: I5 FAY - 10� I V F
ACORD,r CERTIFICATE OF LIABILITY INSURANCE 5123 o"3
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Acordia Northwest, Inc. y ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
pit# 206-701-5000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
520 Pike Street, 20th Floor
-� Seattle, WA 98701 + INSURERS AFFORDING COVERAGE
INSURED Hart Crowser, Inc- INSURER A: COmr1TBTCe & Industry
1910 Fairview Avenue East INSURED a: American Stwas Ins. CO.
WA 98102-3699
rn%1IM A /-'Ce
INSURER C: American IrLYI Spec. Unes
INSURER D: Granite State Insurance Co.
THE POLICIES OF INSURANCE LIS-ED SP-Ow HAVE BEEN ISSUED TO THE INSURED NAMED AaQvE FOR THE POLICY PERIOD INDICATED. NOTWSTH5TANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OT}NER DOCUMENT WITH RESPECT TO WHICH T4JS CERTIFICATE MAY SE 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.
IY5R POLICY EFFECT1vE AOUCV WturrON
T TYPE OF IrSURANCE POLICY NUMBER IYIM a0
-
- Um ITS
A I GENERALUABILITY I 1178871
X COMMERCIA. GENERAL LLAERLIrV
5125103 I 5125104, EACH OCCURRENCE
Ij RRE DAMAGE iAnV one II1a1
/ 1000000
= 5 0 0 0 a
I CLAIMS MADE Lx- } OCCUR
I
i MED EXP IAn.V one Peraanl
III SC 0 C
2 1000000
I
JII
r PERSONAL & AOV INJURY
I GENERAL AGGREGATE
4 2000 00
1 2000000
. EWL AGGREGATE LIMIT APPLIES PER:
I I PPODUC.'S - COMPIOP AGG
511 POLICY 71 P40- ^� LOC
B I AUTOMOBILE UABILRY 01 CG31055210
I X I ANY AUTO ; AUTO PHYSICAL
7 ALL OWNED AUTOS DAMAGE:
SCHEDULED AUTOS (OWNED & HIRED!
HNPLED I
5125103 5125104 COM9:NEp SINGLE LIM'T
I i � IEelcrfaonp-a�DODo
BODILY INJURY
1 IP'r panaml
I
AUTOS &SOO COMP DIED
NO�.CwvED AUTOS I $1,000 COLL DED
COPY
i
BODILY itLI 1RY
I IPer actldcnd
PROPERTY OAMA65 IPw ac keno I
I OOMAGE LSABILM
y'--J A'NY ALTO
AUTO ONLY • EA AC.ID.NT
S
OTHER THAN EA ACC 1 4
II I
AUTO ONLY; AG5
C + LYCESS UAVILrrT
X OCCUR l7 CLAIMS MAyE
90861 $9 f 5/25/03
I
5125104
r
EACH OCCURRENCE
/ 4000000
AGGREGA'E I a 4C00030
:
_ I
DEDUC II-E
-
X RETENTION 4 I0000
D WORKERS COYPTNSATION AND
EMPLOYERS' L1AMUTY
IiCOV'G
S363714
FOR STATE
7101/02 7101/03
I
X wc�sTATu• aTl+l
E.L. F4CHACCOENT a yDocooa
E.L- DISEASE - EA EMPLOYEE �.DODCDC
OF CALIFORNIA
E.L•DISEASE- POUCYMMIT .1 �000000
I'
f ONLY
I
C OTH"
8199563 1129/03 i 1129/04
I ?ROFES LIA9 INCL
T
82 Mil ea. claim/92 Mil Aag
CNTRCTRS POLLUTN
3100 000 Ded per Claim
bESCMPTIOIV OF O►ERATION91tOCATIOHS/VEHfCLESIEXCLUSEONS ADDED BY EMOORSEMMT11"CIAL PROVISIONS
THE CITY OF HUNTINGTCN BEACH, ITS AGENTS, OFFICERS dI EMPLOYEES ARE APPROVED AS TO FORM
ADDITIONAL INSURED ON GEN_RAL LIA8:'41TY AS RESPECTS THEIR CONTRACT jENNIFE-R WGRATH, City Attuirea-
WITH "HE NAMED INSURED PER ATTACHED CG 2010. JOB #6999.07, JHL �n r �AL, waiAe-
By FW VA6mat `3
CERTIFICATE HOLDER 1 I AammaNAL munED; INcunsm LETTER: CANCELLATION
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE GWCEILED 1100AS THE DIYIRATION
City of Huntington Beach PATE THEILEOF, THE ISSUING INSURER will MAIL 45 DAYS wi1rrrEN
2000 Main Street NOTICE TO THE CtlTrif CATO HOLDER NAMSO TO THE LEFT, BUT FAILURETO 00 SO SHALL
Huntington Beach, CA 92648 IMPOSE NO OBUCATION On UABIUTY OF ANY KIND UPON THE INSURER, RS AGENTS 09
0
ACORD 29-S 171971
JUN-25-2003 11:50
10- 43 v G ACORD CORPORATION 1966
96% P,g2
06/25/03 10:46 FU
4 003/003
COMMERCIAL GENERAL LIABILITY
CG 2D 10 10 93
INSURED: Hart Crowser, Inc.
COMPANY; Commerce & Industry insurance Company
_POLICY NUMBER: 4178871
POLICY TERM: May 25, 2003 to May 25, 2004
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADOMONAL INSPIRED -OWNERS, i. 5� SAES
OR CONTRA91OR CFOP
M Bi
This endorsement modified insurance provided under the following:
COMMERCIAL GENERAL LIABRM COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Huntington Beach its AFgemnts 0 ncers and Employees
(if no entry appears above, information required to C�Oply
sement will be shown in the Declarations as
,----'applicable to this endorsement).
WHO IS AN INSURED (Section II) 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
u
e WS0Fx1eEtWrN*0kDAC04cro
IUN-25-2003 11:50
Copyright, insurance Services Office, Inc., 1992
96%
P . 03
5u.
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Jennifer McGrath, City Attorney
2. Date: June 26, 2003
3. Name of contractor/permittee: Hart Crowser, Inc.
4. Description of work to be performed: Soil testing at Gun Rance site
5. Value and length of contract: $35,865.00, 2 months
6. Waiver/modification request: $15,000 ded CGL: 1100,000.00 ded on E & O: 45 day cncl.
notice
7. Reason for request and why it should be granted: Low risk of loss as only on site for 2-3
days ..
8. Identify the risks to the City in approving this waiver/modification: Deductible will apply to
City's loss as additional insured.
6/26103
Departm Head Signature Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrators Office is only required if
Risk Management and the City Attorney's Office disagree.
1. k Management
Approved ❑ Denied A /V'11—
Signature Date
2. City Attorney's Office
Approved ❑ Denied zeje"
ca Lw,,b
ignature Date
3. ' City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
n--..---a4 &M&Innne n.�- nu
5u. ity: PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
..�• ; , .moo:
1. Requested by: Jennifer McGrath, City Attorney
2. Date: June 26, 2003
3. Name of consultant: Hart Crowser, Inc.
4. Description of work to be performed: Provide lead impacted soil stabliization
bench -scale testing services in the City of Huntingotn Beach.
5. Amount of the contract: $36,865.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10015301.69375
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
❑ Yes, ® No
Explanation: This is a continuation of services which originated through: the z
Planning Department. This consultant is/was a part of the team
utilized to determine remediation of the Gun Range property.
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
R
t
IC ARDAMADRIL, Manag
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
DocumenO 6/262003 [ 1:48 AM