HomeMy WebLinkAboutKLEINFELDER, INC. - 1993-06-21Ji OFFICE OF THE CITY CLERK
CITY OF HUNTINGTON BEACH
LlaAll INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO:
Sarah Lazarus, Deputy City Attorney
..)
FROM:
Janelle Case, Deputy City Clerk
�
SUBJECT:
Kleinfelder Agreement
> C"
DATE:
September 30, 1997
,0
CID
..
In response to your memo to Connie dated September 16, 1997 on the above
- referenced agreement. We cannot obtain a real signature because we never had a
real pa from the beginning.
The City Clerk's office will need written permission from the City Attorney to accept
faxed consultant signature and to sign the Mayor and Clerk on the agreement and
send the consultant their copy.
In the past the City Attorney's office has directed that faxed signatures are not
acceptable and that a court would probably not accept a faxed signature. ( c _,_. 'S
Thank You.t
gam'
HB CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
TO: CONNIE BROCKWAY, City Clerk
FROM: SARAH LAZARUS, Deputy City Attomeyqvl
DATE: September 16, 1997
SUBJECT: Kleinfelder Agreement
in reference to the attached memos between the two of us, I still need to know if what you
want me to do is to try to get Kleinfelder to sign an unsigned page. Do you have the original?
SCL/k
Attachment: 8/21/97 and 8/26/97 memo (one page)
7/1 memo
4
HB CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
TO: CONNIE BROCKWAY, City Clerk
FROM: SARAH LAZARUS, Deputy City Attorney
DATE: August 21, 1997
SUBJECT: Kleinfelder Agreement
Gail gave melthe Kleinfelder agreement signature problem to handle. If I understand the
problem, the amendment was approved, but never signedand your department and the
Department of Public Works has not been able to get the Kleinfelder folks to sign it. Is this
correct? What is it that other cities don't allow, I'm a little confused on that one.
Thanks for your help.
SARAH ZARUS,
Deputy Ci y Attomey
SCL/k
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CONSULTANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND KLEINFELDER, INC. FOR GEOTECHNICAL SERVICES
TO THE CENTRAL LIBRARY PARKING LOT - PHASE 2
THIS AGREEMENT is made and entered into this 21st
day
of June , 1993, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and KLEINFELDER,
INC., a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor
to provide geotechnical services during the construction of the
Central Library Parking Lot, Phase 2 in the City of Huntington
Beach; and
Pursuant to documentation on file in the office of the City
Clerk, the provisions of HBMC Chapter 3.03 relating to procurement
of professional service contracts has been complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
1. WORK STATEMENT
CONTRACTOR shall provide services as described in
CONTRACTOR'S letter proposal dated January 28, 1993, (hereinafter
referred to as Exhibit "A"), which is attached hereto and
incorporated into this Agreement by this reference. Said services
shall sometimes hereinafter be referred to as "PROJECT."
CONTRACTOR hereby designates Allen D. Evans, P.E., who
shall represent it and be its sole contact and agent in all
consultations with CITY during the performance of this Agreement.
6/7/93AFJk
1
CONTRACTOR may assign additional staff to represent ti as
contact and agent in consultations with CITY and shall give CITY
written notice pursuant to Paragraph 17 of this agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly
with CONTRACTOR in the performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services
of the CONTRACTOR are to commence as soon as practicable after the
execution of this Agreement and all tasks specified in Exhibit "A"
shall be completed no later than seven (7) months from the date of
this Agreement. CITY agrees that CONTRACTOR has limited control
over the task schedules and that these times may be extended with
the written permission of the CITY.
4. COMPENSATION
In consideration of the performance of the services
described herein, CITY agrees to pay CONTRACTOR a fee not to
exceed Twenty Three Thousand Three Hundred Twenty Two Dollars
$23,322.
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," CONTRACTOR will undertake such work
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.
6/7/93AFJk 2
6. METHOD OF PAYMENT
A. CONTRACTOR shall be entitled to progress payments
toward the fixed fee set forth herein in accordance with the
progress and payment schedules set forth in Exhibit A".
B. Delivery of work product: A copy of every technical
memo and report prepared by CONTRACTOR shall be submitted to the
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. Any
such product which has not been formally accepted or rejected by
CITY shall be deemed accepted.
C. The CONTRACTOR shall submit to the CITY an invoice
for each progress payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member
of the CONTRACTOR'S firm that the work has been
performed in accordance with the provisions of
this Agreement; and
5) For all payments include an estimate of the
percentage of work completed.
Upon submission of any such invoice, if CITY is
satisfied that CONTRACTOR is making satisfactory progress toward
completion of tasks in accordance with this Agreement, CITY shall
promptly 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 the CITY does not
approve an invoice, CITY shall notify CONTRACTOR in writing of the
6/7/93AFJk 3
reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth
in Exhibit "A" shall be suspended until the parties agree that
past performance by CONTRACTOR is in, or has been brought into
compliance, or until this Agreement is terminated as provided
herein.
D. Any billings for extra work or additional services
authorized by the CITY shall be invoiced separately to the 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.
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that all materials prepared hereunder,
including all original drawings, designs, reports, both field and
office notes, calculations, maps and other documents, shall be
turned over to CITY upon termination of this Agreement or upon
PROJECT completion, whichever shall occur first. In the event
this Agreement is terminated, said materials may be used by CITY
in the completion of PROJECT or as it otherwise sees fit. Title
to said materials shall pass to the CITY upon payment of fees
determined to be earned by CONTRACTOR to the point of termination
6/7/93AFJk 4
or completion of the PROJECT, whichever is applicable. CONTRACTOR
shall be entitled to retain copies of all data prepared hereunder.
CITY agrees to indemnify, defend and hold harmless
CONTRACTOR from any and all liability resulting from the
unauthorized use or misuse of said materials.
8. INDEMNIFICATION AND HOLD HARMLESS
CONTRACTOR hereby agrees to indemnify, defend, and hold
and save harmless CITY, its officers and employees from any and
all liability, including any claim of liability and any and all
losses or costs arising out of the negligent performance of this
agreement by CONTRACTOR, its officers or employees.
9. WORKERS' COMPENSATION
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 the California Labor Code
and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless
CITY from and against all claims, demands, payments, suits,
actions, proceedings and judgments of every nature and
description, including attorney's fees and costs presented,
brought or recovered against CITY, 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 CONTRACTOR under this Agreement.
CONTRACTOR shall obtain and furnish evidence to CITY of
maintenance of statutory workers' compensation insurance and
employers' liability in an amount of not less than $100,000 bodily
injury by accident, each occurrence, $100,000 bodily injury by
disease, each employee, and $250,000 bodily injury by disease,
policy limit.
6/7/93AFJk 5
10. INSURANCE
In addition to the workers' compensation insurance and
CONTRACTOR'S covenant to indemnify CITY, CONTRACTOR shall obtain
and furnish to CITY the following insurance policies covering the
PROJECT:
A. General Liability Insurance.
A policy of general public liability insurance, including
motor vehicle coverage. Said policy shall indemnify CONTRACTOR,
its officers, agents and employees, while acting within the scope
of their duties, against any and all claims of arising out of 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 products/completed
operations liability and blanket contractual liability, of
$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 $1,000,000. Said policy shall name
CITY, its officers, and employees 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 CONTRACTOR'S insurance shall be primary.
B. Professional Liability Insurance.
CONTRACTOR shall acquire a professional liability
insurance policy covering the work performed by it hereunder.
Said policy shall provide coverage for CONTRACTOR'S professional
liability in an amount not less than $500,000 per claim. A claims
made policy shall be acceptable.
6/7/93AFJk 6
11. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not
be cancelled or modified without thirty (30) days prior written
notice to CITY. CONTRACTOR shall maintain the foregoing insurance
coverages in force until the work under this Agreement is fully
completed and accepted by CITY.
The requirement for carrying the foregoing insurance
coverages shall not derogate from the provisions for
indemnification of CITY by CONTRACTOR under this Agreement. CITY
or its representative shall at all times have the right to demand
the original or a copy of all said policies of insurance.
CONTRACTOR shall pay, in a prompt and timely manner, the premiums
on all insurance hereinabove required.
12. INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the
performance of this Agreement as an independent contractor.
CONTRACTOR shall secure at its expense, and be responsible for any
and all payments of all taxes, social security, state disability
insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and
employees and all business licenses, if any, in connection with
the services to be performed hereunder.
6/7/93AFJk 7
13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good
and workmanlike manner. CITY may terminate CONTRACTOR'S services
hereunder at any time with or without cause, and whether or not
PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing through the Public Works Department,
notice of which shall be delivered to CONTRACTOR as provided
herein.
14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the
supervisory work hereunder shall not be delegated by CONTRACTOR to
any other person or entity without the consent of CITY.
15. 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.
16. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR 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.
17. NOTICES
Any notices or special instructions required to be given
in writing under this Agreement shall be given either by personal
delivery to CONTRACTOR'S agent (as designated in Section 1
hereinabove) or to CITY'S Director of Public Works, 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 Services, addressed as follows:
6/7/93AFJk 8
TO CITY:
Mr. Lou Sandoval
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
18. IMMIGRATION
TO CONTRACTOR:
Kleinfelder, Inc.
1370 Valley Vista, Suite 150
Diamond Bar, CA
CONTRACTOR 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.
19. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR 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. CONTRACTOR understands that
pursuant to Huntington Beach City Charter § 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
CONTRACTOR.
END OF PAGE
6/7/93AFJk
91
a
20. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth
the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
KLEINFELDER, INC. CITY OF HUNTINGTON BEACH,
A municipal corporation
� o he State -of
yri ae, P}/ee ent Mayor
ATTEST:
City Clerk
. ...
gg
el t 77
R. AIMP .
APPROVED AS TO FORM:
,a i 93 Cit Attorney
INI IATEDI_AND BROkED-.
1 1 L; " V L R,
506:AFJk 10
r `?
CITY OF HUNTINGTON BEACH
[fain INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Office of the City Clerk
Connie Brockway, City Clerk
TO: Gail Hutton, City Attorney
FROM: Connie Brockway, City Clerk VL/
RE: AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY
AND KLEINFELDER, INC. FOR SOIL STUDY CENTRAL
LIBRARY
DATE: August 15, 1997
Efforts of the Public Works Department and the City Clerk's Office have not resulted in
obtaining the original signature page for this 1994 agreement with Kleinfelder, Incorporated for
Soil Study of the Central Library.
Your office has directed the City Clerk that faxed signatures are not acceptable on a finalized
agreement. That faxed signatures may only be accepted for purposes of placement on the agenda
when it is a rush item.
Please inform me if you want the Mayor and City Clerk's signature to be affixed to this
agreement (original agreement is attached). I know other cities do not allow this due to the
possibility that a court will find it unacceptable. If you should decide to allow faxed signatures
please provide the City Clerk's Office with written authority.
G:cbmemos/97-006mh
CONSULTANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND KLEINFELDER, INC. FOR GEOTECHNICAL SERVICES
TO THE CENTRAL LIBRARY PARKING LOT - PHASE 2
THIS AGREEMENT is made and entered into this 21st day
of June , 1993, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and KLEINFELDER,
INC., a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor
to provide geotechnical services during the construction of the
Central Library Parking Lot, Phase 2 in the City of Huntington
Beach; and
Pursuant to documentation on file in the office of the City
Clerk, the provisions of HBMC Chapter 3.03 relating to procurement
of professional service contracts has been complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
1. WORK STATEMENT
CONTRACTOR shall provide services as described in
CONTRACTOR'S letter proposal dated January 28, 1993, (hereinafter
referred to as Exhibit "A"), which is attached hereto and
incorporated into this Agreement by this reference. Said services
shall sometimes hereinafter be referred to as "PROJECT."
CONTRACTOR hereby designates Allen D. Evans, P.E., who
shall represent it and be its sole contact and agent in all
consultations with CITY during the performance of this Agreement.
6/7/93AFJk
1
CONTRACTOR may assign additional staff to represent ti as
contact and agent in consultations with CITY and shall give CITY
written notice pursuant to Paragraph 17 of this agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly
with CONTRACTOR in the performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services
of the CONTRACTOR are to commence as soon as practicable after the
execution of this Agreement and all tasks specified in Exhibit "A"
shall be completed no later than seven (7) months from the date of
this Agreement. CITY agrees that CONTRACTOR has limited control
over the task schedules and that these times may be extended with
the written permission of the CITY.
4. COMPENSATION
In consideration of the performance of the services
described herein, CITY agrees to pay CONTRACTOR a fee not to
exceed Twenty Three Thousand Three Hundred Twenty Two Dollars
$23,322.
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," CONTRACTOR will undertake such work
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.
6/7/93AFJk 2
6. METHOD OF PAYMENT
A. CONTRACTOR shall be entitled to progress payments
toward the fixed fee set forth herein in accordance with the
progress and payment schedules set forth in Exhibit A".
B. Delivery of work product: A copy of every technical
memo and report prepared by CONTRACTOR shall be submitted to the
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. Any
such product which has not been formally accepted or rejected by
CITY shall be deemed accepted.
C. The CONTRACTOR shall submit to the CITY an invoice
for each progress payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member
of the CONTRACTOR'S firm that the work has been
performed in accordance with the provisions of
this Agreement; and
5) For all payments include an estimate of the
percentage of work completed.
Upon submission of any such invoice, if CITY is
satisfied that CONTRACTOR is making satisfactory progress toward
completion of tasks in accordance with this Agreement, CITY shall
promptly 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 the CITY does not
approve an invoice, CITY shall notify CONTRACTOR in writing of the
6/7/93AFJk 3
reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth
in Exhibit "A" shall be suspended until the parties agree that
past performance by CONTRACTOR is in, or has been brought into
compliance, or until this Agreement is terminated as provided
herein.
D. Any billings for extra work or additional services
authorized by the CITY shall be invoiced separately to the 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.
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that all materials prepared hereunder,
including all original drawings, designs, reports, both field and
office notes, calculations, maps and other documents, shall be
turned over to CITY upon termination of this Agreement or upon
PROJECT completion, whichever shall occur first. In the event
this Agreement is terminated, said materials may be used by CITY
in the completion of PROJECT or as it otherwise sees fit. Title
to said materials shall pass to the CITY upon payment of fees
determined to be earned by CONTRACTOR to the point of termination
6/7/93AFJk 4
or completion of the PROJECT, whichever is applicable. CONTRACTOR
shall be entitled to retain copies of all data prepared hereunder.
CITY agrees to indemnify, defend and hold harmless
CONTRACTOR from any and all liability resulting from the
unauthorized use or misuse of said materials.
8. INDEMNIFICATION AND HOLD HARMLESS
CONTRACTOR hereby agrees to indemnify, defend, and hold
and save harmless CITY, its officers and employees from any and
all liability, including any claim of liability and any and all
losses or costs arising out of the negligent performance of this
agreement by CONTRACTOR, its officers or employees.
9. WORKERS' COMPENSATION
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 the California Labor Code
and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless
CITY from and against all claims, demands, payments, suits,
actions, proceedings and judgments of every nature and
description, including attorney's fees and costs presented,
brought or recovered against CITY, 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 CONTRACTOR under this Agreement.
CONTRACTOR shall obtain and furnish evidence to CITY of
maintenance of statutory workers' compensation insurance and
employers' liability in an amount of not less than $100,000 bodily
injury by accident, each occurrence, $100,000 bodily injury by
disease, each employee, and $250,000 bodily injury by disease,
policy limit.
6/7/93AFJk 5
10. INSURANCE
In addition to the workers' compensation insurance and
CONTRACTOR'S covenant to indemnify CITY, CONTRACTOR shall obtain
and furnish to CITY the following insurance policies covering the
PROJECT:
A. General Liability Insurance.
A policy of general public liability insurance, including
motor vehicle coverage. Said policy shall indemnify CONTRACTOR,
its officers, agents and employees, while acting within the scope
of their duties, against any and all claims of arising out of 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 products/completed
operations liability and blanket contractual liability, of
$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 $1,000,000. Said policy shall name
CITY, its officers, and employees 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 CONTRACTOR'S insurance shall be primary.
B. Professional Liability Insurance.
CONTRACTOR shall acquire a professional liability
insurance policy covering the work performed by it hereunder.
Said policy shall provide coverage for CONTRACTOR'S professional
liability in an amount not less than $500,000 per claim. A claims
made policy shall be acceptable.
6/7/93AFJk 6
11. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not
be cancelled or modified without thirty (30) days prior written
notice to CITY. CONTRACTOR shall maintain the foregoing insurance
coverages in force until the work under this Agreement is fully
completed and accepted by CITY.
The requirement for carrying the foregoing insurance
coverages shall not derogate from the provisions for
indemnification of CITY by CONTRACTOR under this Agreement. CITY
or its representative shall at all times have the right to demand
the original or a copy of all said policies of insurance.
CONTRACTOR shall pay, in a prompt and timely manner, the premiums
on all insurance hereinabove required.
12. INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the
performance of this Agreement as an independent contractor.
CONTRACTOR shall secure at its expense, and be responsible for any
and all payments of all taxes, social security, state disability
insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and
employees and all business licenses, if any, in connection with
the services to be performed hereunder.
6/7/93AFJk 7
13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good
and workmanlike manner. CITY may terminate CONTRACTOR'S services
hereunder at any time with or without cause, and whether or not
PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing through the Public Works Department,
notice of which shall be delivered to CONTRACTOR as provided
herein.
14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the
supervisory work hereunder shall not be delegated by CONTRACTOR to
any other person or entity without the consent of CITY.
15. 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.
16. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR 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.
17. NOTICES
Any notices or special instructions required to be given
in writing under this Agreement shall be given either by personal
delivery to CONTRACTOR'S agent (as designated in Section 1
hereinabove) or to CITY'S Director of Public Works, 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 Services, addressed as follows:
6/7/93AFJk 8
TO CITY:
Mr. Lou Sandoval
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
18. IMMIGRATION
TO CONTRACTOR:
Kleinfelder, Inc.
1370 Valley Vista, Suite 150
Diamond Bar, CA
CONTRACTOR 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.
19. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR 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. CONTRACTOR understands that
pursuant to Huntington Beach City Charter § 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
CONTRACTOR.
END OF PAGE
6/7/93AFJk 9
. d ' 0
20. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth
the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
KLEINFELDER, INC. CITY OF HUNTINGTON BEACH,
A i«unicipal corporation
A� o he Sta�tf al'�ni
G A/'R
/yri Rae, P e ent Mayor
B
ATTEST:
�
City Clerk
.'7
�Ci t Y�d �ra t o �r
..
APPROVED AS TO FORM:
% /
f, Cit ; Attorney
6_� _ci33�dr
INI ffED�AND RQj
T/ �.,.
Directdr of '1'fiblic Works
506:AFJk 10
from the deg& of:
EVELYN SCHUBERT
Deputy City Cleric
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
(714) 536-5405
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REQUEST FOR CITY COUNCIL ACTION
Date: April 4, 1994
Submitted to: Honorable Mayor and City Council
APPRG vED BY CITY COUNCIL
Submitted by: Michael T. Uberuaga, City Ad inistratorA,9d Al_
19—L.
Prepared by: Ron Hayden, Library Direc
Louis F. Sandoval, Director ublic Works cry cc. Ax
Subject: CENTRAL LIBRARY PARKING LOT; CC-875
Consistent with Council Policy? [XI Yes [ ] New Policy or Exception
Statement of Issue, Recommended Action, Analysis, Environmental Sta:: —, Funding Source, Alternative Action, Attachments:
STATEMENT OF ISSUE:
The consultant agreements with Montgomery/Watson and Kleinfelder must be amended to include
additional professional services.
RECOMMENDED ACTION:
1. Approve the attached $57,119 contract amendment with Kleinfelder, Inc for soil inspection and
testing on the Library Parking Lot Project.
2. Approve the attached $113,819 contract amendment with Montgomery/Watson for construction
management services on the Library Parking Lot Project.
ANALYSIS:
The construction of the Central Library Parking Lot was halted because the contractor encountered
extensive quantities of contaminated soil. Pursuant to State health and safety regulations, a portion
of the contaminated soil was immediately removed from the project site, stockpiled, spread on the
Mushroom Farm site and covered with plastic. The removal of this soil could not have been
accomplished without extensive additional field testing and construction management services
provided by consultants already under contract with the City. The cost of these services, provided
by Kleinfelder (field testing) and Montgomery/Watson (construction management), have exceeded
the approved budgets. The urgency to protect the contaminated soils from the rains prohibited
shutting down the project. Therefore, staff recommends that the attached agreement amendments
now be approved.
Central Library Parking Lot; CC-875
April 4, 1994
Page 2
The Conditions of Approval for the library expansion project required the construction of
approximately 700 spaces. Although all work on the parking lot project has been halted, 500 spaces
are complete. Staff is currently reviewing options on how to construct the remaining 200 spaces.
This information along with scheduling, cost data and financing options will be presented tentatively
at the Council meeting of May 16th.
FUNDING SOURCE:
Remaining funds are available in the project budget to cover the cost of these additional services.
Council Approved Budget (Library Expansion and Parking Lot) $8,992,717
Expenditures to Date <8,795,726>
Montgomery/Watson Amendment < 113,819>
Kleinfelder Amendment < 57.119>
Remaining Unexpended Balance
ALTERNATIVE ACTION:
N/A
ATTACHMENTS:
1. Amendment to Kleinfelder Agreement
2. Amendment to Montgomery/Watson Agreement
LFS:DRN:DW
LIBAMEND
$ 26,053
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND KLEINFELDER, INC.
FOR GEOTECHNICAL SERVICES TO THE
CENTRAL LIBRARY PARKING LOT -PHASE 2
THIS AMENDMENT NO. 1 is entered into this day of 11994,
by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY" and KLEINFELDER, INC., a California corporation,
hereinafter referred to as "CONTRACTOR".
WHEREAS, CITY and CONTRACTOR, are parties to that certain agreement, dated
June 21, 1993; and
Since the execution of the original agreement, CITY has requested additional work from
CONTRACTOR, and CONTRACTOR has agreed to perform such additional work;
CITY and CONTRACTOR wish to amend the original agreement to reflect the extra
work to be performed by CONTRACTOR and the additional compensation to be paid in
consideration thereof by CITY to CONTRACTOR,
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR as follows:
ADDITIONAL WORK
CONTRACTOR shall provide to CITY such additional services as described in
Exhibit A attached hereto and incorporated herein by this reference.
2. ADDITIONAL COMPENSATION
In consideration of the additional services described in Section 1 above, CITY
agrees to pay CONTRACTOR a sum not to exceed Fifty Seven Thousand One Hundred
Nineteen Dollars ($57,119). This additional sum shall be added to the original sum of Twenty -
Three Thousand Three Hundred Twenty -Two Dollars ($23,322), for a new total contract
amount of Eighty Thousand, Four Forty One Dollars ($80,441).
KL E I NA M D. D O C 6/ag ree/03/29/94
J
'.MAR-30-1994 15: 48 KLEINFELItR 510 938 5419 P.04/04'
.?t "
3, RE6EEIRMATION
Except as otherwise specifically modified herein, all other Items and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the
date first above written.
R, INC.,
REEV!ity ' !) APPR D:
min
City� Administrator
CITY OF HUNTINGTON BEACH, A
municipal Corporation of the State of
Califomla
Mayor
APPROVED AS TO FORM.-
ity Ar, q
lN1V,"F'- AND APPROVED:
Director of Public Works
2
KLElNAtviU.I)DC,SiiRar,,ol"30/�4
TOUL P.0-4
_ � _ :, ;.-._�'. may- �.: a'S" i--�- m_.: _.-"_...- -. . �.) '.gig'+ - -•.- -.---r ��^'�'f �—
F 714-59h1 ,2'4 KLEINFELDER F- 27 T S. P-002,;'002 MAP,j c� °94
15 7
q
-
- --
K-LEINFELDER
1E=ebrut y .lei,, 1994 (R)-
Frrij�CC I�l��4 -2036 01/007
Ip'
� �•.
'CITY,,- OF 1-'1�N'tJ,`N4''6N REAC[1
Poly Wo'rk.'s aL�artPlent
100U MaY1t Strut
v'
HuntihatniT Beaeh, California 9264$
' .5ul jc. t" ity Public 1,ihrary E.iafaion Yr(rj�ct, Phase 11...
'
`,. ` `.(�it�--��'clrkj •= Revi:�ccl. (3,'�U/9�t) (:'has:�!e �Jrder- ket�tye.5t
[�rE } 1"f* c �i f' vaIS top Order Requpst a� Niscu55ed i[i out 1111 ee inq with 31t�1�
Can f eU-iu-,,. 4,
.
19 : We have t`ev.itrweil pro jt ct costs incurred by KIeinfelder- resulting from additib al SP NjGe'S reyua5.ed
'
Itl Tttd'b6t ff'Sig'n y.eport ire drat1C1r1} �eC1teChpical-'inspection, and wthani e collection ��
'M)5muction.
:0�15 lvaticiCi. These costs include additional geotechnical consultii g services which vtr�,
'ITAir pro jest
+111G fi7116%%,Illtr tti tiLlnllllal'y O the 'Ci1OSt +::Llt'rent hUd'cYPt St3tlIS, .a?11S)ktPtt
1+�{�-[IITQL1tr1i
February''4, '1994.
.ha a Amnu' lt.
1y.•11it'l19�''.
'
Task-lvxpent#�d l�irt;j+��ted
C)r'der '
De;icr�iptiou Budget Through 214/94 Expenies.
requested
tit o ing:; 0-00 b 5,O16.0 O,GU '
$ 5,0•l6,00.'
s
`, 00 ` , si n Pv;p rt:. T 3,324.00 $36,456'.00 0.00 ''
$23.,123.04 "
• . , � .aiisl �l�eril�icxti«n� Y
005; Construction Wthane System 0.00 $ 4,940.00 O.GO
Btcl AS'"isi, /Submittals Ttet+ieNw
r6ntai i nated soil '.0.00 $ 3,425.00 -0',00 ,
$ 3,425.00
Canting-ricy Plart
^ UQ7 Gcntacli6ie, 5e vi�.cs 12,6i8:U0 $27.654,27 0:00 •,
':.5 1,4,976 27':.
".:Tr~Cipg,& Ti)sp�e;fiirin
00$ Consttuction Obl ervation O.U(1 $ 5.;630100 0'00
,$ 5,630:iJ0:`'
,� . .- .Methane Gt�11�ctNc�n °S:yst�rrr, I
F
,
'Total, $26,002.00 LL. $83,121.27 , „0.00 •
$57,119.27
TOTAL CHANGE ORDER REQUESTED:
$ 57,119.27
. (i)HC94--024
Project No. P$-2036-0t/007
Cctpy4ht 1993 VJeinfZ16cr, t[ta. - Ali Rights Rcectv'cd
KLEINFELDER 13 0 \/aIle.y Vi5ta Drive, Suite 1:'30, Diamond Bar, CA 91765 (714), 39&,0335•
47143961324
oltI.
DEALEY,RENTON & ASSOC.
P.Q. Box 12675
100 Oak Street
Oakland, CA 94604-2575
510-465-5090
NB
KLEINFELDER. INC. 7001
2121 N. California Boulevard
Suite 570
Walnut Creek
CA 94695
LET.VAAw A
COWAW
LETTER
COMPANY
LETTER
COMPANY Q
LET
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LITTER E
THIS iS TO CERTIFY THAT THE: POLICIES OF INSURANCE LISTEN $FLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POP THE POLCY PERIOD
I+WATEM NOTWITHSTANDING ANY REOUIREMENI . TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERT AIN. THE INSURANCE AFFORDED BY THE POLICIES OESCR18ED HEREIN IS SUBJECT TO ALL THE TEttAS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYA[oP INSUR~ "K.1011 Ad" PM11VYETY'ECTIUE POLICV WMAT10 LIMTM
DATC(MM/OO/YY) DATE(MIODD/YY)
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ALL OWNED A0105
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EIAPL.OVOWLIARertr DI$tASE-P8LICY LIMIT f 200000
_ IRSEASE-EACH EMPLOYEE i
OLNGROT"m of Imms
Env. & Geotech - Library
Job No. 60-2036--01
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92640
Attn: DM Noble
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE PORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EARTO
MAIL 30 OAYSWRITTENNOTICETOY HECERTIFICATE "OLDERNAMEDTOTHE
LEFT.
. REi�iN & �.SC�CIATE 728950000
pp— r1439�13�4 H:LEINFELLER F-633 T-812 F-001/003 MAR 29 '94 16:31
.
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ArATM,i a m4 9m ch. CA 9264E Ate ' �.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
Ir"
June 29, 1993
Kleinfelder, Inc.
1370 Valley Vista, Suite 150
Diamond Bar, CA 91765
CALIFORNIA 92648
The City Council of the City of Huntington Beach at the regular
meeting held Monday, June 21, 1993, approved a Consultant Agree-
ment between the City of Huntington Beach and Kleinfelder, Inc.,
for Geotechnical Services to the Central Library Parking Lot -
Phase 2.
Enclosed isa copy of the agreement for your records.
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone: 714-536-52271
�SENT BY : 5106719533 6- 8-di
15 : 54 JENK I -V3 i ,, .� /f��4F1,13L I C WORKS
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COMPt tNWS AFFORDING COVERAGE
COMPANY
ConcorJ, CA 94524
LwffR t ( llomeatced laaurimce t"o.
COMPANY
� Trans*marloa Cn,
INSURED
I,�ER InsurancC
COMPANY''
C
I4ETTER
Kleinfelder, Inc.
COMPANY
2,121 N. California Blvd. #570
LETTER D
Walnut Creek CA 94596
COMPANY LR )Ca' Farereas i,Isueancr Co..Ltd,
,; h' µ.,x, ur. v:o ¢•x., ;ir'•' 4}:�/4t: C. if. ''s.''
5
THUS I9 TO CERTIFY TRATrA9 POLICIES OF INSURANCE LIS= BELOW IAVE BERN ISSUED To TIM INSURED NAMED ABOVE FOk THE POLICY PERIOD
INDICATED. NOTWITHSYANDING ANY REQUIREMENT, TERM OR COMMON
OE ANY CONTRACT OR OTHRR DOCUMENT WITH RESPECT TO WIIICH THIS
CERTIFICATE MAY BE 189M OR MAY PERTAIN, THE INSURANCE AMRDED BY THE POLICIES DIIBCRIRED MWIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AM CONDITIONS OR SUCH POLICIES. LIMITS BROWN MAY HAVE BEEN REDUCED BY PAJD C'I,AIMs.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY RFT.
POLICY M.
LIMrTa
TR
DATE (MM/DDJYV)
DATE (MMtDDNV)
_
A
GENERAL LIABILITY
175XSGLOJ043
7101/92
7/01193
GEN911AL AGGREGATE lOKi00041
X COKK 0ENERAL LIABIL WY
PRQPj OM!/OP Al3[t. _ 1�
CLAIMS MADE MOCC.
PENS. & ADV. INJURY
10t1(1�K10
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CA31914415
7/01/92
7101193
loom
ANY AUTO
LIMIT
ALL OWNED AUTOS
BODILYUUUURY
SCHEDULIKD AUTOS
kTw rt'■onl
x ItIRJW AUI'09
m�
EQIAILY INJURY - _....._......_._....._
NO"wNRD AUTOS
(P9r Jn iidmetl
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t"1tcaPERl"Y 1)AIsJ.wi�a!
EXCESS LIABILITY
EACH OC' V11RENCR
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OTHER THAN UMBRELLA
APP1
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AND
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EMAWER'S LIAB.II,ITY
By '
DJSEAfI&POLICYLSMIT
1t A
tOM OY
DISEASE-RACII EMT.
E OTHER 9207KVA07053
7/01192 710119.1
Profzasionelt Linb
$ 500.0WIClaim
PREVIOUS CERTIFICATES ARE NUT -T,
F
AND STD �1,(1iMl,tj(gjlArt �. �
DE8CIUPrION OFOPEkA71oH81LQCATIONS/nIHCLIWMPECIAL ITEMS
Proj: Huntington Haach Library, lob #r58-2036-01. Cart. Holder is
named as Additional Insured as respccpt claims arising from and
related to the work performed by the Named IJtaUred. See &Idt, #'19.
5asg^6:3'#nk •�°'r• ik r.r ''yis...•i: fF "'•k:i : 'ssSt ''kS' a ;i::
i• Q moo» s 'i r f, i . ',,,.,
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SHOULD ANY pP THE ABOVE DESCIJIRIM POLICIES BQ CANCELLED BEFORE TRI;
EXHRATIONDATETIIEREpP,THEISSUII+IGCOMPANYWH,L q#
ff. MAIL 3_ PAYS WhnTEN NOTICE TO TIIR CERTI"CATE HOLDER NAMt'u'ro TI3E
City of Huntington Beach
LEFT, Bp�l?14Iili
Attu; Don Noble
?< 7411epyKpgrpp}iq ggpgl4yl
2000 Main Weal
Huntington leach, CA 92648
AUTHORI;I:Et REPNE8ENr /'
i4
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ENDORSEMENT
This Endorsement, eftWive July 1, 1992
farms s part of Poiicy # 175XSGL00043 (1�:fly a.m. ststndard time),
tatsu*dTo: Kleinfelder, Inc,, BTAL By: Homestead Insurance Company
AUZQMXC DI DRSD
(Includes Waiver of Subrogation)
It is agreed that the WHO IS AN INSURED provision of the Commercial
General Liability Coverage Part, section II is amended to include;
5. any individual, firm or corporation whom the Insured has con-
tracted to protect shall, be deemed an Additional Insured under
this insurance, but the limit of liability as respects such
individual, firm or corporation shall be lim:'ted to the amount
of insurance contracted to be carried by the Named Insured but
in no event shall such liability in the aggregate exceed the
limit of liability expressed in the Declarations. It is
understood, however, that coverage afforded the Additional
insured shall be restricted to liability for loss, damage or
destruction arising out of the operation activities, work and/or
business of the Insured, specified in the Declarations.
It also is agreed that this insurance shall not be invalidated
should the Insured waive in writing any or all rights of recover
against any Individual, Firm or Corporation whom the Insured has
contracted to protect as an Additional Insured under this policy
However, in the event that the insured waives only a part of his
rights against an Additional insured, this.Company shall, be
subrogated with respect to all rights of recovery which the .Insu,
may retain against any such Additional Insured, for loss from th
perils insured against to the extent that payment therefore is m
by this Company.
Kleingelder,ETA
Named Insured
c T, T�JN EffQC ive Date
CITY A;')Ki;rFdYd :..
BY
�►�tQrA9s
All other terms and conditions of this policy remain unchanged,
Endorsement 0 19
Page 1 of 1_
AWRIL
DEALEY,RENTON rR ASSOC.
P.O. Box 12575
100 Oak Street
Oakland, CA $4004-2075 NO
510-405-3090
KLEINFELDER, INC. 7001
2121 N, California Boulevard
a:-, I a 11;70
WTI I nut Creek
CA 94596
DUES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOI
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
rL�A' A
?ANY -
t~OAPAW
LETTER C
LET ERW D
SPIWANY
TleoE
THE
THIS IS TO C;ani FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREME:NT. TERM OR CONUTIONOF ANY CONIRACT OR OTHER DOCUMENT WITHAESPECT TO WF I THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOKXD BY THE POLCIES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TEROS.
EXCLUSIONS AND CONDTIONS OFSUCH POLICIES. L.ltvtlTS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS.
IrVMOF 1110PAtAME POLiOYNUML1Cii 14FOIL�IMM Wr IPp T tEXPR —1i 1.1miti
036iM WAL &NERAL LIABILITY
7 CLAIMS MADE ED OCCUR,
OWNER'S A CONTRACTOR'S PROF.
Ass AUTO
Aft OWNED AUTO$
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MREB AVID$
NWOWNED AUTOS
SARAM 0U81111Y
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PERSONAL 6 AN, ENJLW >1
EACH OCCLIARENCE =
FIRE ➢"GE tAvy, tme ilrtJ i
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COMBINED SINGLF
11MIT 1
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(Per pef"
BODILY t"RY a t
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Env. & Geotech - Library
Job No. 50-2035--01
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92849
Attn: OM Noble
AS TO
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SHOULD ANY OF THE: ABOVEDESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL AVQA
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REQUEt> i" FOR CITY COUN6,6- ACTION
Date June 21, 1993
Submitted to: APPROVED BY CITY COUNCIL
Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator 6 1 19.
Prepared by: 4Ouis F. Sandoval, Director of Public Works CIT CLEx
Subject: Central Library Expansion Project, Phase,H, Geotechnical Services; CC-875
x
Consistent with Council Policy? [ Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Cr'�
The construction of the Central Library Master Parking Plan requires the services of a
geotechnical/environmental inspection firm.
RECOMMENDED ACTION•
I. Approve the attached Consultant Agreement with Kleinfelder, Incorporated.
2. Authorize the Director of Public Works to expend $26,002 to cover contract costs of
$23,322 and anticipated change orders of $2,680.
ANALYSIS:
On May 17, 1993, Council awarded a contract to Shawnan Corporation for construction of
the Central Library Master Parking Plan. The approval of this contract included a $51,000
budget for supplemental expenditures (i.e. the costs of specialized testing and inspections).
The construction of the Central Library Master Parking Plan includes the installation of a
Methane Gas Protection System. The installation of this system must be inspected by a
licensed Geotechnical/Environmental Inspection firm. There are numerous qualified
geotechnical/environmental inspection firms capable of providing these inspection
services; however Staff limited their selection to Kleinfelder.
In 1989, the City hired Kleinfelder to perform methane studies and mitigation
recommendations for the closed Gothard Landfill, south of the Central Library, that the
City purchased from the County of Orange. That study has been on —going since that time.
Last year the City hired Kleinfelder under an emergency Purchase Order, to evaluate the
extent and nature of the Central Library methane gas problem. Subsequent to this
evaluation they were hired by the Library Architect to prepare the Methane Gas Protection
System plans for the parking lot. Therefore, Kleinfelder is extremely knowledgeable as to
extent, nature and solution of the methane gas problem at the library and should be
retained to provide the required geotechnical/environmental inspections. Staff has
prepared an appropriate Consultant Agreement and recommends approval of the document
and the authorization to expend up to $26,002.
Since the construction project has already been awarded, time is of the essence. Also, the
time for a new consultant selection and, possibly, bringing a new consultant up to speed
would create a significant delay to the project. It is felt by Staff that performing such a
recruitment would have no benefit to the project.
Plo 5/85
Central Library Exp. Proj., Phase lI
Geotechnical Services; CC-875
June 21, 1993
Page 2
FUNDING SOURCE:
The approved project budget for the Central Library Master Parking Plan includes $51,000
for supplemental expenditures. Approval of this agreement would leave a $25,000 budget
for other anticipated supplemental expenditures.
ALTERNATIVE ACTION•
1. Deny approval of Kleinfelder Agreement and direct Staff to solicit other proposals.
2. Forego required testing.
ATTACI�uIENTS•
Kleinfelder Agreement
MTU:LFS:DN:dw
3422g/4&5
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58-2036-01
January 28, 1993
Mr. Don Noble
City of Huntington Beach
Public Works Department
Huntington Beach, California
SUBJECT: Estimate for Geotechnical/Environmental Services
Huntington Beach Library Parking Area
Huntington Beach, California
Dear Mr. Noble:
Pursuant to your request, Kleinfelder has prepared a cost estimate for field observation and
consultation services at the subject project. We have contacted Michael Holmes of Anthony and
Langford AIA, and reviewed the preliminary project plans and specifications. Based on our
discussions and review of the project documents, we estimate the cost of Kleinfelder's continued
service on this project will be approximately $23,322. The estimate includes the following scope of
services: i
• Generate basis of design
• Modify preliminary drawings
• Over excavation observation
• Monitor extent of contamination
• Engineering recommendations based on field conditions encountered
• Laboratory testing -..soils maximum density, chemical analysis
• Laboratory environmental soil testing
• Grading observation and density testing
• Final report
We would also like to propose at this time that Kleinfelder's services be retained at the library
addition for the following:
• Sensor installation and calibration verification
• Control panel installation with sensors location
• Verify ventilation system operation
• Proper posting of signs
Copyright 1993 Kleinfelder, Inc. [R22231
KLEINFELDER 11731 Sterling Avenue, Suite E, Riverside, CA 92503 ,(714) 688-2513
v
• 58-2036-01
January 28, 1993
City of Huntington Beach
Page 2
• Accompany fire department during final inspection
• Follow up on any discrepancies
• Clarifications required by fire department
The items listed would require approximately 40 hours of inspection time and would be performed
as a continuance of the methane protection system inspection currently being performed. This
amount would be approximately $2,680. This amount is not included as part of the attached
estimate.
We appreciate the opportunity to be of continued services to you. I will be contacting you shortly
regarding this correspondence, in the meantime, feel free to call me.
Sincerely,
KLEINFELDER, INC.
C z/)S
Allen D. Evans, P.E.
Regional Manager
ADE/RO/Ib
Copyright 1993 Meinfelder, Inc. [R2223]
KLEINFELDER 11731 Sterling Avenue, Suite E, Riverside, CA 92503 (714) 688-2513
KLEINFELDER
ESTIMATED BUDGET
Huntington Beach Library Parking Area
Huntington Beach, California
Field
Nuclear density testing/aggregate base
24
hours
@$52/hour
$1,248.00
Nuclear density testing/asphaltic concrete
40
hours
@$52/hour
2,080.00
Nuclear density testing/soils (uncontaminated) 80
hours
@$52/hour
4,160.00
Special inspector/concrete
60
hours
@$52/hour
3,120.00
*Nuclear density/contaminated soils
32
hours
@$67/hour
2,144.00
SUBTOTAL
$12,752.00
Laboratogy
Compression tests/concrete
40
tests
@$15/each
$ 600.00
Maximum density tests/soil (ASTM 1557A)
3
tests
@$140/each
420.00
Max. dens. tests/aggr. base (ASTM 1557B,C,D) 1
test
@$150/each
150.00
Environmental Laboratory Testing
5
test
@$300/each
1,500.00
SUBTOTAL
$2, 670.00
Office
Supervisory technician
12
hours
@$75/hour
$ 900.00
Project engineer
60
hours
@$100/hour
6,000.00
Final report
1
report
@$1000/each
1,000. 00
SUBTOTAL
$7,900.00
TOTAL
ESTIMATE
23 22.00
*Due to unknown contaminants in the field, the estimate provided may need to be revised as
details become available. An OSHA Health and Safety trained personnel will be required
during handling of contaminated soils.
Copyright 1993 Meinfelder, Inc. [R2223]
15