HomeMy WebLinkAboutKleinfelder West, Inc. - 2010-06-21Council/Agency Meeting Held:
Deferred/Continued to:
Ap roved C Q Conditionally Approved ❑ Denied
134— Ci Jerk ignature
Council Meeting Date: June 21, 2010
Department ID Number. pw 10-009
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve As -Needed Professional Contracts for Testing & Inspection
Services with AESCO Technologies, Inc., Kleinfelder West Inc., and
Twining Inc., each in the amount of $750,000 with three-year terms
Statement of Issue: The Public Works Department requires independent inspection and
materials testing services for a variety of capital projects. Services include geotechnical (soil)
testing, material testing, welding, and other special deputy inspections. Staff is requesting
approval of contracts with three qualified firms to perform these services on an as -needed
basis.
Financial Impact: Funds are available within budgeted capital improvement and
maintenance projects. All current projects will be funded through Water Fund, Water Master
Plan, Sewer Fund, Gas Tax, Measure M, Proposition lb or other grants. There are currently
no budgeted General Funded projects that will utilize these services.
Recommended Action: Motion to:
�� A) Approve and authorize the Mayor and City Clerk to execute professional services
contract for testing and inspection services between the City of Huntington Beach and
AESCO Technologies, Inc.;
B) Approve and authorize the Mayor and City Clerk to execute professional services
contract for testing and inspection services between the City of Huntington Beach and
Kleinfelder West Inc.; and,
�C) Approve and authorize the Mayor and City Clerk to execute professional services
contract for testing and inspection services between the City of Huntington Beach and
is, C-g Twining Inc.
Alternative Action(s): Do not authorize the contracts. This action will delay capital project
completions.
-59- Item S. - Page 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 6/21/2010 DEPARTMENT ID NUMBER: pw 10-009
Analysis: The Public Works Department requires independent "inspection -and .materials
testing services for a variety of capital projects. Services include geotechnical (soil) testing,
material testing, welding, and other special deputy inspections. The services provide the
independent or specialty deputy inspections required on some building projects and capital
projects that are outside of the expertise and qualifications of city staff. Inspection services
may be requested if Public Works staff is not available. The previous contracts are expired
and the need for these services continues.
A Request for Proposal (RFP) was prepared in compliance with Chapter 3.03 of the
Huntington Beach Municipal Code detailing the independent inspection and materials testing
services required. After a thorough review of the eleven proposals received, three (3) firms
are recommended. It is critical to project schedules that these services be readily available.
The as -needed agreement provides maximum flexibility when testing and inspection services
are required on short notice and to meet the demands of ongoing project schedules.
The proposed agreements establish a $750,000 authorization per firm over a three-year
period with the option of two one-year extensions. Funding sources will be capital project
accounts. Testing and inspection services are examples of supplemental expenses that are
budgeted in each project depending on the type of work.
Evaluation of the recently expired contracts found that the typical expenditure over a similar
period was $750,000. In addition, a review of upcoming projects such as future arterial
rehabilitation projects, the ongoing Utilities Yard Upgrades, ADA improvements of public
buildings and waterline replacement projects further define the need for these services.
Public Works Commission Action: Not required.
Environmental Status:
Not applicable
Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment
Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and AESCO
S Technologies, Inc., for As -Needed Materials Tesing and Inspection Services.
2. Professional Services Contract between the City of Huntington Beach and Twining, Inc.,
for As -Needed Materials Tesing and Inspection Services.
f
Professional Services Contract between the City of Huntington Beach and Kleinfelder
West Inc., for As -Needed Materials Testinq and Inspection Services
Item 8® - Page 2 _90-
PROFESSIONAL SERVICES CONTRACT BETWEEN:
THE CITY OF HUNTINGTON BEACH AND
1�i rnfetder- wu� � z-rc, .
FOR
�S - N2,�dedl f'aro�e.�siG�-irs1 T�eS�-ivw � ��eyt� c�-► Sew�c.a:S
Table of Contents
1
Scope of Services...................................................::.......::......................:.:.........:....I
2
City Staff Assistance ..... :..........................................................................................
2
3
Term; Time of Performance.....................................................................................2
4
Compensation ................................. .................................................... I ........... ..............
2
5
Extra Work .................................................... ................................. ........ :...............
2.
6
Method of Payment ................................ ::....................................................................
3
7
Disposition of Plans, Estimates and Other Documents ....................... .....................
3
8
Hold Harmless .......................:::... .............. ........................ ......... ... ..........................
3
9
Professional Liability Insurance .......................... ......................................................
4
10
Certificate of Insurance........ ....................... .... .................... ........5
11
Independent Contractor............................................................................................6
12
Termination of Agreement ........... .....:...:..:.:..::..............:........ ..:.:..::...................... :..6
13
Assignment and Delegation...................................................:::.. ,..:........................6
14
Copyrights/Patents...................:.....:......................:..................................................7
15
City Employees and Officials...................................................................................7
16
Notices ............................................: ............. ..........
..7
17
Consent .............................. ....................... :..:::..:::..................... :..::...........................
8
18
Modification ............................ :................................................................ .:.::..............
8
19
Section Headings..;.. :.:..::..............:....:..:.......:........................:..:.:...:......................:..8
20
Interpretation of this Agreement .............................................. ..........................:8
21
Duplicate Original..........................................................:...........................:.............9
22
Immigration.. .................................... I ..........................................................::........9
23
........
Legal Services Subcontracting Prohibited.. ......I......................................................9
24
Attorney's Fees ...................... o......................... ::..:::........ ..................... :.......... .............
10
25
Survival ............................................ .... ............................ :.........................................
10
26
Governing Law ..................
27
Signatories .................. ................................. :........,..............................:.........................10
28
Entirety... .................... . .................... .... .................... ......10
29
Effective Date........ ................ ........ Y................ ..............:
.11
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
K � e;�►�� dam- w es+, mac. .
FOR
AS Neeitd, f r 4wioval TftsaecEon SerVi j
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City .of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as: "CITY, and Kleiniki der V.)e..A- a Co�t*Qrv,icA Ccre!+ jov,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
�roJinle: oS-^aa.Ae-A 4r ksosie-,d 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:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which
is attached hereto and incorporated into this Agreement by this reference. These services
shall sometimes hereinafter be referred to as the "PROTECT."
CONSULTANT hereby designates j,'vh Slggmrc , PE, who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
3. TERM TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are
to commence on e / 20 1.0 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from . the Commencement Date,
unless extended or:sooner terminated as provided herein. All tasks specified in Exhibit "A"
shall be completed no later than 4,r2.e, !jgw,s afier cta-k- fronn the Commencement Date.
�`— a F o�5r�e.•ant-. .
The time for performance of the tasks identified in Exhibit "A" are generallY to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually: agreed .to
in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein. ...
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit
"B," which is attached hereto and incorporated by reference into this Agreement, a fee,
including all costs and expenses, not to exceed ire,.; N 4,jj-td, F Dollars
($ 7 5° 000
5. EXTRA WORK
In the event CITY. requires additional services not included in Exhibit "A" or
changes in the scope of services described.in Exhibit "A," CONSULTANT will undertake
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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.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. 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 as it sees fit.
S. 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 subcontractors, if any) negligent (or alleged 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. 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
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insurance policies are applicable. The policy limits do not act as limitation upon the amount
of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional Iiability
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 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention without the express written consent of CITY;
however an insurance policy "deductible" of:Ten Thousand Dollars ($10,000.00) or less is
permitted. 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.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at the
CITY's election, to forthwith terminate this Agreement. Such termination shall not effect
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Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10, CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval. of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the. certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. 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.
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.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all tunes in the performance.of this
Agreement as an independent contractor herein and not as an employee of CITY.
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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.
12. 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.
13. 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 subconsultants must satisfy the
insurance requirements as set forth in Sections 9 and 10. hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
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l S.. 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.
16. NOTICES
Any notices,. certificates; or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
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: TO CONSULTANT:
City of Huntington Beach jG j e.i -ld \N4u- •c.
ATTN: 2P-' Ada.: St,.i-te.. 2.50
2000 Main Street r 2Yv� e r CA 9 2.0 1 S
Huntington Beach, CA 92648
17. CONSENT
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.
agreel:surfneUprofessionat svcs mayor 7 of 11
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18, MODIFICATION
No waiver. or modification of .any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. 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.
20. 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 which is hereby affected shall be
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curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
21. 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 lits execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed. it..
22. 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 the United States Code regarding employment verification.
23. 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.
24. ATTORNEY' 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, 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 nonprevailing party.
25. SURVIVAL
Terms and: conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and, :right. to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event.
that. such authority or power is not, in fact, held by the signatory or is withdrawn.
CONSULTAPtT's 10tials
28. 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 parry'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 supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof
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29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the
date of its approval by the City Council. This Agreement shall expire when terminated as
provided herein.
CONSULTANT,
CITY OF HUNTINGTON BEACH, a
k1.2i h� �l de r We S+. _ T4nr- . municipal corporation of the State of
COMPANY NAME Calif a
Ma r
By-
3 iF pv� � +
print name �, City Clerk
1
eTs.:.. (('iT'S:. (circle one) Chairman/Presiden ice President . .
ANDINITIATED AND APPROVED:
B L �
h ri /Yl G S tt Pub 1; (- t,,tor-�j Director/Chief
print name
I circle one) Secretary/Chief Financial Officer/ sst.
Secr��Treasurer REV AND APPROVED:
itv Administrator
APPROVED,AS TO FORM:
Ell k
l z ono
City Attorney VU
EXHIBIT "A" . .
A. STATEMENT OF WORK:
To prov%de otkaUfeed t.wspect%ow awo! Q taUtU testto, ecLld v :ev.t awd
Laboratory to perform sLte.vv-QteriwL tesd'wO, special, deputd �wspect�ow:
T form gRaUtlJi assLtraKoe testl,t o of materl.aLs:
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
I prov'�d e ctua LWf d staff.
2 AeUver test reports.
C. CITY'S DUTIES AND RESPONSIBILITIES:
I provide pia&As awd spec%fvatLows for each assLgweol project.
D. WORK PROGRAM/PROJECT SCHEDULE`.
1 To be deterwLLwed at ewv-e of each project ass%gwmmt.
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1 CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth
herein in accordance with the following progress and payment schedules.
2 Delivery of work product: A copy of every memorandum, letter,:report, calculation and other
documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3 CONSULTANT shall submit to CITY an invoice for each monthly progress payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) 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.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory
progress toward completion of tasks in accordance with this Agreement, 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 .set forth in Exhibit "A" may at the .option of CITY be suspended until 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.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and : hourly rate charged for such
time. Such invoices shall be approved by CITY.if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
I.CCPRD' CERTIFICATE OF LIABILITYINSURANCE DAT05/25/10 I
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HEFFERNAN PROFESSIONAL PRACTICE INSURANCE BROKERS
License Number: 0564249
1865 W. Katella Avenue, Suite 255
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NASD #
Orange, CA 92867
INSURED
INSURER A National Union Fire Ins Co of Pittsburgh PA
19445
INSURERB: The Insurance Co ofthe State of Pcruisylvania
19429
THE KLEINFELDER GROUP, INC.
INSURERC: Lexington Insurance Company
19437
(See Attached Named Insured Schedule)
5015 SHOREHAM PLACE
INSURER D: Lloyd's and other London Markets
0
INSURERE:
SAN DIEGO, CA 92122-5926
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
LTR
ADD' L
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD
POLICY EXPIRATION
DATE MMIDDNY
LIMITS
A
❑
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
❑❑ CLAIMS MADE 19 OCCUR
❑
GL4376509
04/01I2010
04/01I201 f
EACH OCCURENCE
S1,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
$250,000
MED EXP (Anyone person)
$5,000
PERSONAL & ADV INJURY
$1,000,000
❑
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
❑ POLICY Z PROJECT ❑ LOG
PRODUCTS - COMP/OP AGG
$2,000,000
$
A
II
AUTOMOBILE LIABILITY
ANY AUTO
CA8263534
04/01/2010
04/01/2011
COMBINED SINGLE LIMIT
(Each Occurrence)
$1,000,000
BODILY INJURY
(Per person)
$
❑ ALL OWNED AUTOS
❑ SCHEDULEDAUTOS
BODILYINJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
❑
❑ -
OTHER THAN EA ACC
AUTO ONLY: AGG
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p
AP I'�E-'D ia,
[
TO F'O I
$
❑EXCESSIUMBRELLALIABIL17Y
❑ OCCUR ❑CLAIMSNIADE
❑ DEDUCTIBLE
❑ RETENTION $
i � T
J NNIFE MC
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ItATH, City
OM 3nn7''
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EACH OCCURRENCE
$
AGGREGATE
$
$
S
S
B
❑WORKERS
COMPENSATION AND
EMPLOYERS' LIABILITY
WC20634965 CA
( )
04/01/2010
04/01/2011
� WC LIMIT ❑OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
$1,000,000
ANY PROPRIETORIPARTNERIEXECU•
TIVE OFFICER/MEMBER EXCLUDED?
It yes, desMh. uoder
SPECIAL PROVISIONS below
WC20634966(TX)
WC20634967(FL)
E.L. DISEASE - EA EMPLOYEE
g1,000,000
WC20634968 (OR)
E L. DISEASE - POLICY LIMIT
$1,000,000
C
D
❑
OTHER
Professiatal Liability &
Contractors Pollutim Liability
044177408
LDUSA1003212
04101/2010
04/01/2010
04/01/2011
04/01/2011
Each Claim
Aggregate
$1,000,000
$1,000,000
DESCRIPTION OF OPERATIONS r LOCATIONS [VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Projects as on file with the insured including but not limited to As -Needed Professional Testing and Inspection Services.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOii:-TO
City of Huntington Beach
MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Eric R. Charlonne
BUT r tt uRs se-0e se sou+ +MP�s BLac+u�aH eR lAst'� p` "N"W"PSN
-HI:tN UR&R,-"-AG R�aRss�"`T�T�vss.
2000 Main St.
AUTHORIZED REPRESENTATIVE
Huntington Beach, CA 92648
ACORD 25 (2001108) W NS+VI[u 1+Vr[rvr%P%1 IVId I000
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, certain policies may require
an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of insurance on the reverse side of this form does not constitute a contact between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or
negatively amend, extend or alter the coverage afforded by the policies listed thereon.
1108)
(Continued from Page 1)
Named Insureds:
The Kleinfelder Group, Inc.
Kleinfelder Associates
Spectrum Exploration, Inc.
Trinity Engineering Testing Corporation
Kleinfelder Mexico, S.A. DE C.V.
Kleinfelder USA, Inc.
ERG, LLC
Trigon
CE2 Kleinfelder
Kleinfelder East, Inc.
Kleinfelder West, Inc. (formerly known as Kleinfelder, Inc.)
Kleinfelder Central, Inc.
Kleinfelder Engineering, P.C.
Kleinfelder Southeast, Inc.
S E A Consultants, Inc.
Kleinfelder Oklahoma 100, LLC
Kleinfelder Texas 100, LLC
BEACH
CITY OF HUNTINGTON
Professional Service Approval Form
PART i
Date: 5/5/2010 Project Manager: David Verone
Requested by Name if different from Project Manager: same
Department: Public Works
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& 11 MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant:,Kleinfelder West, Inc.
2) Contract Number: PWK 010 027 00
(Contract numbers are obtained through Finance Administration)
3) Amount of the contract: $ 750,000.00
4) Is this contract less than $50,000? ❑ Yes ® No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) Is this contract over $100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and
City Clerk. Make sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ® Yes ❑ No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
ZL-- z /016
Director of Finance (or designee) Signature Date
Jim here is a list of companies for the Professional Testing and Inspection RFP
1. Praad Geotechnical, Inc.
1200 West Commonwealth Avenue
Fullerton, CA 92833-2722
PHONE: (714) 447-8931
FAX: (714) 447-8946
E-MAIL: fullerton@praad.com
2. Ninyo & Moore
Irvine
475 Goddard, Suite 200
Irvine, California 92618
Phone: (949) 753-7070 (800) 427-0401,
Fax: (949) 753-7071
email address: nminquiries(d�ninyoandmoore.com
3. Twining Laboratories
Attention:Megan Chambers
Corporate Headquarters
2883 East Spring Street, Suite 300
Long Beach, CA 90806
Phone: 562-426-3355
Fax: 562-426-6424
fdesk a,twininglabs.com
4. American Geotechnical Inc.
Greg Axten
President/CEO
Corporate Office:
22725 Old Canal Road
Yorba Linda, CA 92887
(800) 275-4436 California Only
(714) 685-3900 Out -of -State
lnf6,amgt.com
5. GMU Geotechnical, Inc.
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
P: 949.888.6513
F: 949.888.1380
Gary Urban PE, GE President
Principal. Geotechnical Engineer
GurbanR,gmu __ eo�.com_
6. Leighton
Gail Thomas
Caroline Portillo
Administrative Assistant
17781 Cowan
Irvine, CA 92614
(949) 250-1421
gthomas(ableightongroup.com
7. Fait Environmental Management
Steve Mulligan
701 North Parkcenter Drive
Santa Ana, CA 92705
714 560-8200
smulliganQtait.com
8. Smith -Emery Laboratories
Attention Robert Greeley
1195 North Tustin Avenue
Anaheim, CA 92807
714 238-6133
Rgreeley@smithemery.com
9. P.A. & Associates, Inc.
Parviz Azar, RCE
28 edelman
Irvine, Ca 92618
949 679-7474
Parvizgpaassociates.com
10. Harrington Ge®technical Engineering, Inc.
Don Jr. Harrington
1938 North Batavia Stret, Suite N
Orange, CA 92865
714 637-3093
800 924-7645
dphjrhgei@sbcglobal.net
11.IGeinfelder
Ruth Lehmann, PE
8 Pasteur, Suite 190
Irvine, CA 92618
949 727-4466 x219
Rlehmann@kleinfelder.com
12.Aesco 'Technologies, Inc
Adam Chamaa, MSCE, P.E., G.E.
Engineering Manager
Materials Testing & Inspection
Geotechnical & Environmental Engineering Services
17782 Georgetown Lane
Huntington Beach, CA 92647
714-375-3830 x 1104
714*375*3831 FAX
Adam. Chamaa(&OescoTech. com
13.APA Engineering, Inc
23282 Mill Creek Drive, Suite 160
Laguna Hills, CA 92653
949 770-4429
Apakzad ,gpaeng com
14. Converse Consultants
Hashmi S. E. Quazi, Ph. D, G. E.
185 E. Paularino Ave, Suite B
Costa Mesa, CA 92626
714 444-9660
hguazi@converseconsultants.com
City ®f Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
June 23, 2010
Kleinfelder West, Inc.
2 Ada, Suite 250
Irvine, CA 92618
To Whom it May Concern:
Enclosed for your records is a fully executed duplicate original of the Professional Services
Contract between the City of Huntington Beach, and Kleinfelder West, Inc. for As -Needed
Professional Testing and Inspection Services.
Sincerely,
Joan L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure
G: fo llowup: agrmtltr
Sister Cities: Anjo, Japan, ® Waitakere, New Zealand
(Telephone: 714-536-5227 )