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NINYO & MOORE - 2005-08-05
fSU ity Hunt Beach' To: City Clerk A Contracts Submittal to Y City Clerk's Office 1. Name of Contractor: Ninyo & Moore 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park material testing services 3. Amount of Contract: $9,436.50 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer _ ORIGINAL bonds sent to Treasurer Name/Extension City Attomey's Office Date: 8/4/05 g:/Attymisc/forms/city clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THEC�IY�Y OF HUNTJNG_TP N BEACH AND /V�i✓ilr �` irn�� h— FOR THIS AGREEMENT ("Agreement") is made and entered into this 5-11— day of 2065 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and w ' hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to 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 'PROJECT." CONSULTANT hereby designates f/ ��%� who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15/01 -A I 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement. Date"). This Agreement shall expire on �, o 3) . ZC 0 �, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later thane t ( , from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 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 /Ui� !Iu ox c� Dollars ($ 9. 7� 6 . S� ). 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 such work only after receiving written authorization from CITY. Additional agree/forms/profsery 10/1510 1-A 2 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. 8. 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 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 agree/forms/profserv10/15/01-A 3 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. 9. 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 ($1,000,000.00) per occurrence 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 except with the express written consent of CITY. 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. agree/forms/profsery 10/15/01-A 4 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. 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. 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 times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profsery 10/15101-A 5 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. agree/forms/profservl0/15101-A 6 15. 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: City of Huntington Beach ATTN:hpc.s�lc� 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: /1f/;J y,0 di -w"X, 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. agree/forms/profserv10/15/01-A 7 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 agree/forms/profsery 10/15101-A 8 which is hereby affected shall be 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 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. 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, agree/forms/profsery 10/15101-A 9 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. 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. 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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/15101 -A 10 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. CONSULTANT, CITY OF HUNTINGTON BEACH, /V ,W V U �'Y1 D p (a6 a municipal corporation of the State of California By: Q� m A/ 1 A) Y n print name ITS: (circle one) Chairm residen ice President AND print name ITS: (circle one) Secretary/Chief Financial Offic sst. ecretary Treasurer agree/forms/profsery 10/1510 1-A I I (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: ,1Z. r vl/1 C I v City AtWhey cr81 II0!' REVIEWED AND APPROVED: City Ad (only for contracts inistrator 50, 000.00 and over) EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Materials testing services reinforced concrete Fire Training Tower at 18301 Gothard Street, Huntington Beach, CA. Physical tests of the concrete cores within Tower to determine its strength B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Cut 30 cores within the Tower 2. Provide written report on the strength and life expectancy of the Tower 3. Provide recommendation on repairs 4. Visual survey of all ceilings, walls, floors, roofs and systems, including doors, window shutters, and thermal linings. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Allow consultants access and cutting of cores 2. Review findings with consultants D. WORK PROGRAM/PROJECT SCHEDULE: Field Services Laboratory Analyses Outside Sub consultant Services Report Preparation jmp/contracts group/exA/6/23/05 EXHIBIT "B" Payment Schedule (Alternative #1) Ninyo & Moore will submit an invoice based on the attached breakdown of fees. Invoice will be submit with their report with a not -to -exceed $9,436.50, 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. 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. 4. CONSULTANT shall submit to 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 CONSULTANT'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 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. 5. 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. jmp/contracts group/exB- 1 /6/23/05 1 EXHIBIT B Alternative #1 18301 Gothard Street Huntington Beach, California TABLE 1 - BREAKDOWN OF FEE June 3, 2005 Proposal No. P-12595 FIELD SERVICES Project Engineer 8 hours @ $ 138.00 /hour $ 1,104.00 Concrete Field Technician 8 hours @ $ 71.00 /hour $ 568.00 Pachometer 8 hours @ $ 22.00 /hour $ 176.00 Vehicle 8 hours @ $ 8.00 /hour $ 64.00 Concrete Core Rig (Subcontractor) 8 hours @ $ 130.00 /hour $ 1,040.00 Subtotal $ 2,952.00 LABORATORY ANALYSES Concrete Compression Test 30 tests @ $ 19.00 /test $ 570.00 Steel Tensile Test 1 test @ $ 42.00 /test $ 42.00 Sample Preparation 4 hours @ $ 71.00 /hour $ 284.00 Subtotal $ 896.00 OUTSIDE SUBCONSULTANT SERVICES Proposal from Elliot LeBoeuf & Associates Lump Sum $ 3,990.00 15 Percent Markup for Ninyo & Moore (Administration) $ 598.50 Subtotal $ 4,588.50 REPORT PREPARATION Report Preparation Lump Sum $ 1,000.00 Subtotal $ 1,000.00 TOTAL FEE $ 9,436.50 P-12595 Fee rev #*7 ff08,*QQre Acog . CERTIFICATE OF LIABILITY INSURANCE DATE 04128/05° PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 Sandra Patterson INSURERS AFFORDING COVERAGE INSURED INSURER A: National Surety Corp. Ninyo & Moore, Geotechnical Consultants INSURERB: Fireman's Fund Insurance Co. 5710 Ruffin Road INSURER c: American Automobile Ins. Co. San Diego, CA 92123 INSURERD: Great American Assurance Co. INSURER E: 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD LIMITS A GENERAL LIABILITY X COMM ERCIALGENERAL LIABILITY CLAIMS MADE NO OCCUR X Contractual MZX80833434 This policy excludes claims arising out of the performance of professional liability. 10/03/04 10/03/05 EACH OCCURRENCE $1 000.000 FIRE DAMAGE (Anyone fiire) $1000000 MED EXP (Any one person) $1 O 000 PERSONAL &ADV INJURY $1,000,000_.. X RR Cont CG2417 GENERAL AGGREGATE s2,000,000 GEN'LAGGREGATE LIMITAPPLIESPER: POLICY X PRO- FXJ LOC JECT PRODUCTS -COMP/OPAGG $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS MZX80833434 10/03/04 10/03/05 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ XSM00097620892 10/03/04 10/03/05 EACH OCCURRENCE $9 000 000 AGGREGATE $9 000 000 $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80929188 05/01/05 05/01/06 TATU_ 7—C X WCTORY MfTSLIMfTS OTR ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 D OTHER Professional Liability (incl Pollution Liab EDN5850305 10/03/04 10/03/05 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS REF: Cannery Street Landfill Site Investigation - Edison Community Park Ap ED AS O FORM: and Kettler Elementary School. The City of Huntington Beach, its officers, elected or appointed �IFERCGRATH, City rr.1._ (See Attached Descriptions) (Q I t- HULUtK I I ADDITIONAL City of Huntington Beach Attn: Duane Olson, Fire Chief 2000 Main Street Huntington Beach, CA 92648 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL jFJI M MAIL 3Q_DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT, BKM8IIjV=ilII1lWJCX REPRESENTATIVE I /1.1 _ ACORD 25-S (7/9711 of 7 #M11211A DAC © ACORD CORPORATION 1988 officials, employees, agents and volunteers are named as Additional Insured to General Liability and Automobile Liability. Insurance is primary and non-contributory. A Waiver of Subrogation applies to General Liability, Automobile Liability and Workers Compensation. APPROVED A TO FO J NIFE12 McGRATH, G� tito4, AMS 25.3 (07197) 2 of 2 #M112134 POLICY NUMBER: MZX80833434 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach Attn: Duane Olson, Fire Chief 2000 Main Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occunng after: (1)AII work, including materials, parts or equipment furnished in connection with such work, on the project (other than services, maintenance or repairs) to be performed on or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. REF: Cannery Street Landfill Site Investigation - Edison Community Park and Kettler Elementary School. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insured to General Liability. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS CG20101001 POLICY NUMBER: MZX80833434 COMMERCIAL GENERAL LIABILIT) CG 20 1010 0', THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION (Continued from page 1.) WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN T. EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS REST THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CG20101001 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP8 0 92 918 8 Issued to: Ninyo & Moore, Geotechnical Consultants By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Huntington Beach REF: Cannery Street Landfill Site Attn: Duane Olson, Fire Chief Investigation - Edison Community Park 2000 Main Street and Kettler Elementary School. Huntington Beach, CA 92648 WC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative SU PROFESSIONAL SERVICE CONTRACTS R,� ' Beach® PURCHASING CERTIFICATION 1. Requested by: Fire Chief Olson/Battalion Chief Brown 2. Date: July 11, 2005 3. Name of consultant: Ninyo & Moore 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form. 5. Amount of the contract: $9,436.50 6. Are sufficient funds available to fund this contract?' ❑ Yes, ❑ No 7. Company number and object code where funds are budgeted: 10065201.69365 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 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). �1'► .�i/� ✓ Attach ro ose cope a of work. 12. 'P - 13. ;1ARD A RIL, Manage Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Documend 7/11/2005 4:10 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE C TY OF HUNTINGTON BEACH AND I -FOR e� Table of Contents Scope of Services CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 CityEmployees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 t GARDEN GROVE September 4, 2001 C11 , OF GARDEN GR04E Bruce A.Broadwater A9cryrw Mark Rosen MayorPro Tem WilliamJ. Dalton Councilman Mark Leyes Onincilman V an T. Tran Owncilman Mr. Larry Lovett Ninyo & Moore 9272 Jeronimo Road, Suite 123A Irvine, CA 92618-1914 Dear Mr. Lovett RECEIVED SEP 5 2001 NINYO NOORE iRANGECOMYOFFICE This is to inform you of the acceptance of your proposal for elevator consulting services at the City of Garden Grove city hall. Upon completion of the following requirements, the agreement will be brought to the City Manager for approval and execution. 1. Signed Contract: Sign the enclosed agreement. For corporations, attach a corporate resolution and/or corporate seal authorizing the individual to sign. For partnerships, attach partnership documents and partnership authorization. 2. Insurance Certificates: Have your insurance carrier send a Certificate of Insurance to this office. The dollar amounts are specified in the Agreement. The following requirements must be met: a. Public Liability and Property Damage Insurance; Provide policy numbers. b. Automobile, Workers' Compensation and Employer' Liability Insurance` Provide policy numbers. C. Professional Liability insurance in the amount of $1,000,000 per occurrence d. The City of Garden Grove Must be Shown as an additional insured on the liabilitypolicy. An "Additional Insured Endorsement " form must be included. 11222 ACACIA PARKWAY, P_O. BOX 3070, GARDEN GROVE, CA 92842 TELEPHONE (714) 741-5000 • FAX (714) 741-5205 • www.ch.ci.garden-grove.ca.us e. As indicated in the Agreement for this project, all liability insurance must be written as "Per Occurrence". "Claims Made" and/or "Modified Occurrence" forms of liability coverage are not acceptable. f. Cancellation: Cancellation notice must be given thirty (30) days prior to the effective date. Two phrases which appear on many standard forms, "endeavor to" and "But failure to mail such notice shall impose no obligation of any kind upon the company" must be stricken. g. The Certificate must be signed by an authorized agent. Rubber stamp signatures are not acceptable. All coverage required above must be furnished by firms licensed and admitted to do business in the State of California. Coverage from firms not licensed and admitted to do business in the State of California will not be acce tamed Please return the agreement to my office as soon as possible. If you have any questions please call me at (714) 741-5055. Sincerely, Po s �C.M e n gC.P.M. Purchasing Agent PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this /9 day Adinyo 001, by the CITY OF GARDEN GROVE, a municipal corporation,("CITY") & Moore, here in after referred to as "CONTRACTOR". RR ITAIN The following recitals are a substantive part of this Agreement: 1. This Agreement is entered into pursuant to Garden Grove Council Resolution No. 7575- 93 (June 15, 1993). 2. CITY desires to utilize the services of CONTRACTOR to perform materials testing on the existing reinforced concrete materials in the Fire Training Tower located at 2400 East Orangewood, Anaheim CA. 3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term and Termination. The term of the agreement shall cover services rendered from the date of signing this agreement by the City and Continue through December 31, 2001. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for Nvork performed to date in accordance with fee schedule (Attachment "A"). Contractor is required to present evidence to support performed work completion. 2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Proposal. The Proposal is incorporated herein by reference. The Proposal and this Agreement do not guarantee any specific amount of work. 3. Compensation. CONTRACTOR shall be compensated as follows: 3.1 AMOUNT. Compensation under this agreement shall be a total amount not to exceed $11,374.00 per schedule included in Proposal (Attachment A). 1 3.2 Payment. For work under this Agreement, payment shall be made per invoice for work completed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in Proposal (Attachment A). 3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY. 3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving three (3) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed. 4. Insurance requirements. 4.1 Commencement of work. CONTRACTOR shall not commence work under this Agreement until. it has obtained all insurance required and this insurance has been approved by CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. 4.2 Workers' Compensation Insurance. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance. 4.3 Insurance Amounts. CONTRACTOR shall maintain the following insurance for the duration of this Agreement: (a) Comprehensive general liability in an amount of $1,000,000.00 per occurrence. Insurance companies must be admitted and licensed in California and have a Best's Guide Rating of A -Class VII or better, as approved by the City. (b) Automobile liability in an amount of $1,000,000.00 per occurrence. Insurance companies must be admitted and licensed in California and have a Best's Guide Rating of A -Class VII or better, as approved by the City. Endorsements for the policies under section 4.3(a) & (b) shall designate CITY as an additional insured. CONTRACTOR shall provide to CITY proof in the form of both certificates of insurance and endorsement forms, as approved by the office of the City Attorney. Ninyo & Moore 2 S 5. Non -Liability of Officials and Employees of the City. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR. 6. Non -Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees. 8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. 9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. a. Ninyo & Moore 9272 Jeronime Road, Suite 123A Irvine, CA 92618-1914 b. (Address of City) City of Garden Grove 11222 Acacia Parkway Garden Grove, CA 92840 (with a copy to): Garden Grove City Attorney 11222 Acacia Parkway Garden Grove, CA 92840 10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern. 11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement. 12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the Nvork or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY. Ninyo & Moore 3 13. Time of Essence. Time is of the essence in the performance of this Agreement. 14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR. 15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound. 16. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. (Agreement Signature Block On Next Page) Ninyo & Moore 4 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. Date: � ta" 6 AT ESTED: zL.'s;- - pCity Clerk Date: r -1 f" 0f APPROVED AS TO FORM: City r mey Ninyo & Moore 5 CITY OF GARD%ENGRJOVE Manager "CONTRACTOR" Name: Jalal Vakili Title: Principal Engineer Date: September 7, 2001 Tax ID No. 33-0269828 If CONTRACTOR is a corporation, a Corporate Resolution and/or Corporate Seal is required. If a partnership, Statement of Partnership must be submitted to CITY. Geotechnical and Environmental Silences Consultants March 17, 2005 Proposal No. P-12595 Mr. Richard Amadril Central Service Manager City of Huntington Beach Administrative Services 2000 Main Street P. O. Box 190 Huntington Beach, California 92648 Subject: Proposal for Materials Testing Services Reinforced Concrete Fire Training Tower 18301 Gothard Street Huntington Beach, California 92648 Dear Mr. Amadril: In accordance with your request, Ninyo & Moore is pleased to provide this proposal to perform materials testing on the existing reinforced concrete materials in the Fire Training Tower at the subject facility. Based on our discussions with you and Battalion Chief Robert Brown, we under- stand that the Fire Training Tower is used for training purposes and can have multiple fires started within the building during training. In addition, this facility has been in use since the mid 1970s. We have prepared this proposal based on our discussions with you and Captain Robert Brown, on visual observations of the subject building on March 9, 2005, and a brief review of design drawings. Based on our review of the available background information, we understand that the building was originally constructed utilizing 3,000 pounds per square inch (psi) concrete and grade A615 40 reinforcing steel. We understand that fires are periodically set on the second and third levels of the building. 475 Goddard • Suite 200 • Irvine, California 92618 • Phone (949) 753-7070 • Fax )949) 753-7071 Phoenix • Irvine • San Diego • Los Angeles , Oakland • Las Vegas • Salt take City • Ontario 18301 Gothard Street Huntington Beach, California March 17, 2005 Proposal No. P-12595 SCOPE OF SERVICES In order to evaluate the condition of the reinforced concrete materials in the Fire Training Tower, Ninyo & Moore proposes physical tests of the reinforced concrete to evaluate if the periodic practice fires have affected its strength. Specifically, we propose to core two locations in the floor and one location in a wall of the second and third burn room levels, for a total of 6 cores. The concrete cores will be tested in compression to evaluate if heat from the periodic practice fires has desiccated the concrete and reduced its strength. The core samples in the burn rooms will be cut and tested as several samples. The floor samples will be cut into refractory concrete samples (2) and floor and ceiling samples (2) for a total of four per sample. The wail samples will be cut into one refractory concrete sample and two concrete samples for total of three, per core. This will provide a total of 22 compression test samples. We will also test two cores from the entrance to the top level room, above the burn room where reinforcing steel is exposed. If these samples are under design strength, the reinforcing bar exposed will be sampled and tested. Reinforcing steel may be sampled if the concrete cores exhibit low strength. The reinforcing steel may be tested in tension to evaluate if heat from the periodic practice fired has reduced the yield and ultimate strength of the steel. The results of the testing will be presented in a written report. If the results of our testing are below design strength, the building must be evaluated by a quali- fied and State of California licensed Structural Engineer. Based on the results of our materials testing and sampling and the recommendations of the Structural Engineer, additional sampling and testing of the building materials may be required in order to develop appropriate repair rec- ommendations, which may include repair and/or replacement of the reinforced concrete at the site. We recommend that repair of any sample areas be performed by the contractor constructing the new fire proofing. Our estimate does not include repair of sample locations. ESTIMATED FEE Our materials sampling and testing services will be performed on a time -and -materials basis in accordance with the attached Schedule of Fees and Schedule of Fees for Laboratory Testing. Our P-12595 /'/iJ7 hoots 2 March 17, 2005 Proposal No. P-12595 18301 Gothard Street Huntington Beach, California estimated fee for the scope of services described above will be approximately $4,700 (four thou- sand seven hundred dollars). A detailed breakdown of our estimated fee is presented in the attached Table 1. To authorize the scope of services described herein, please sign and return one copy of the attached Work Authorization and Agreement. We appreciate the opportunity to submit this proposal. If you have any questions regarding this proposal, please contact the undersigned at your convenience. Respectfully submitted, NINYO & MOORE Larry L v Materials Testing LSL/CAI'/djt Attachments: Table 1 — Breakdown of Estimated Fee Schedule of Fees Schedule of Fees for Laboratory Testing Work Authorization and Agreement Distribution: (2) Addressee (1) Battalion Chief Robert Brown, City of Huntington Beach Fire Department P-12595 3 H%yo&/Moore 18301 Gothard Street Huntington Beach, California TABLE 1- BREAKDOWN OF ESTIMATED FEE March 17, 2005 Proposal No. P-12595 FIELD SERVICES Project Engineer 8 hours @ $ 138.00 /hour $ 1,104.00 Concrete Field Technician 8 hours @ $ 71.00 /hour $ 568.00 Pachometer 8 hours @ $ _ 22.00 /hour $ 176.00 Vehicle 8 hours @ $ 8.00 /hour $ 64.00 Concrete Core Rig (Subcontractor) 8 hours @ $ 130.00 /hour $ 1,040.00 Subtotal $ 2,952.00 LABORATORY ANALYSES Concrete Compression Test 22 tests @ $ 19.00 /test $ 418.00 Steel Tensile Test 1 test @ $ 42.00 /test $ 42.00 Sample Preparation 4 hours @ $ 71.00 /hour $ 284.00 Subtotal $ 744.00 REPORT PREPARATION Report Preparation Lump Sum $ 1,000.00 Subtotal $ 1,000.00 TOTAL ESTIMATED FEE $ 4,696.00 P-12595 /1/lny0&/hoore 18301 Gothard Street Huntington Beach, California SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL March 17, 2005 Proposal No. P-12595 Principal Engineer/Geologist/Environmentat Scientist.. ............................................................. ....................................... $ 148 Senior Engineer/Geologist/Environmental Scientist.......................................................................................................... $ 144 Senior Project Engineer/Geologist/Environmentai Scientist.............................................................................................. $ 141 Project Engineer/Geologist/Environmental Scientist.......................................................................................................... $ 138 Senior Staff Engineer/Geologist/Environmental Scientist.................................................................................................. $ 124 StaffEngineer/Geologist/Environmental Scientist............................................................................................................. $ 116 FieldOperations Manager .......... .......................................................................................... ............ .................................. $ 92 SupervisoryTechnician ..................................................................................................................................................... $ 79 SeniorField/Laboratory Technician _.................................................................................................................................. $ 71 Field/Laboratory Technician.............................................................................................................................................. $ 71 ACIConcrete Technician................................................................................................................................................... $ 71 Concrete/Asphalt Batch Plant Inspector ............ ................................................................................................................. $ 71 SpecialInspector, Reinforced Concrete.............................................................................................................................. $ 71 Special Inspector, Prestressed Concrete .................... ____ ......................................... .................................................. .... $ 71 Specialinspector, Reinforced Masonry.. .......................... ................................................................................................. $ 71 SpecialInspector, Structural Steel...................................................................................................................................... $ 71 SpecialInspector, Welding, AWS...................................................................................................................................... $ 71 SpecialInspector, Fireproofing..................................................................................................................................... $ 71 Nondestructive Examination Technician, UT, MT, LP..................................................................................................... $ 80 Concrete Coring Technician and Equipment.................................................................................................................... $ 100 TechnicalIllustrator/CAD Operator....................................................................................................I.... I ......................... $ 76 GeotechnicaVEnvironmental/Laboratory Assistant............................................................................................................ $ 64 InformationSpecialist...............................................•----............_....................................................................................... $ 64 DataProcessing ... ................. .............................................................................................................................................. $ 56 OTHER CHARGES Directproject expenses........................................................................................................................................ Cost plus 15% ExpertWitness Testimony............................................................................................................................................ $ 250/hr Nucleardensity gauge usage.......................................................................................................................................... $ 12/hr Fieldvehicle usage........................................................................................................................................................ $ 8/hr Inclinometerusage....................................................................................................................................................... $ 32/hr Seismographusage...................................................................................................................................................... $ 22/hr Steel and concrete specimen pickup............................................................................................................................. $ 64/hr Special preparation of standard test specimens.............................................................................................................. $ 71/hr Rebarlocator (Pachometer)........................................................................................................................................... $ 22/hr Vaportransmission kits................................................................................................................................................. $ 30/kit Laboratory testing, geophysical equipment, and other special equipment ............................................... Provided upon request NOTES For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours of 7:00 am. to 3:30 p.m. Overtime rates at 1.5 times the regular rates will be charged for work performed outside of normal construction hours and all day on Saturdays and Sundays. Double time rates at twice the regular rates will be charged for all work in excess of 12 hours in one day. Holiday rates will be twice the regular rate- Lead time for any requested service is 24 hours. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for 4 hours to 8 hours. The 4-hour minimum will be charged as a "show -up" for inspections not conducted due to lack of performance by the contractor. For soil technicians, travel time for on -call services are charged portal to portal, with a minimum site visit charge of 2 hours. Travel to distant locations that require an overnight stay will be charged at the regular rate during travel hours. Lodg- ing, travel costs and ground transportation at site will be charged at actual cost. The Schedule of Fees assumes that this project is not subject to "prevailing wages." In projects where "prevailing wages" may apply, the field personnel rates will be modified as local jurisdictions dictate. INVOICES Invoices will be submitted monthly, and are due upon receipt. A service charge of 1.0 percent per month will be charged on ac- counts not paid within 30 days. P_ 12595/nUo 01f 4 18301 Gothard Street Huntington Beach, California March 17, 2005 Proposal No. P-12595 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test sous Concrete Atterberg Limits, D 4318, CT 204..................................... $ 125 Cement Analysis Chemical and Physical, C 109 ..................... $1,500 California Bearing Ratio (CBR), D 1883 ............................ $ 350 Compression Tests, 6x 12 Cylinder, C 39 ................................ $ 19 Chloride and Sulfate Content, CT 417 & CT 422 ............... $ 100 Concrete Mix Design Review, Job Spec................................. $ 125 Consolidation, D 2435, CT 219......................................... $ 200 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ........... $ 650 Consolidation — Time Rate, D 2435, CT 219 ...................... $ 25 Concrete Cores, Compression (excludes sampling), C 42 ........ $ 40 Direct Shear — Undisturbed, D 3080, CT 222 ..................... $ 200 Drying Shrinkage, C 157....................................................... $ 190 Direct Shear — Remolded, D 3080, CT 222 ........................ $ 250 Flexural Test, C 78................................................................ $ 40 Durability Index, CT 229................................................... $ 140 Flexural Test, C 293.............................................................. $ 45 Expansion Index, D 4829, UBC 18-2................................. $ 140 Flexural Test, CT 523............................................................ $ 50 Expansion Potential (Method A), D 4546........................... $ 130 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI... $ 190 Expansive Pressure (Method C), D 4546 ............................ $ 130 Jobsite Testing Laboratory ..................................................... Quote Geofabric Tensile and Elongation Test, D 4632.................. $ 150 Lightweight Concrete Fill, Compression, C 495 ..................... $ 30 Hydraulic Conductivity, D 5084........................................ $ 250 Petrographic Analysis, C 856 ................................................. $1,000 Hydrometer Analysis, D 422, CT 203................................ $ 130 Splitting Tensile Strength, C 496 ............................................ $ 65 Maximum Density, AASHTO T-180................................. $ 210 Maximum Density A, B and CID 1557 & D 698, CT 216... $ 160 Reinforcing and Structural Steel Moisture Only, D 2216, CT 226........................................ $ 18 Fireproofing Density Test, UBC 7-6 ....................................... $ 50 Moisture and Density, D 2937........................................... $ 30 Hardness Test, Rockwell, A-370 ............................................ $ 40 Permeability, CH, D 2434, CT 220.................................... $ 200 High Strength Bolt, Nut & Washer Conformance, set, A-32.... $ 100 pH and Resistivity, CT 643................................................ $ 95 Mechanically Spliced Reinforcing Tensile Test, ACI .............. $ 80 R-value, D 2844, CT 301.................................................. $ 215 Pre -Stress Strand (7 wire), A 416........................................... $ 125 Sand Equivalent, D 2419, CT 217...................................... $ 80 Chemical Analysis, A-36, A-615........................................... $ 100 Sieve Analysis, D 422, CT 202.......................................... $ 95 Reinforcing Tension or Bend up to No. 11, A 615 & A 706 .... $ 42 Sieve Analysis, 200 Wash, D 1140, CT 202....................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs (machining Specific Gravity, D 854..................................................... $ 75 extra), A 370 ..................................................................... $ 52 Triaxial Shear, C.D., per point, CT 230 .............................. $ 190 Welded Reinforcing Tensile Test: Up to No. 1 i bars, ACI ...... $ 46 Triaxial Shear, C.U., per point, D 4767, CT 230 ................. $ 175 Triaxial Shear, U.U., per point, D 2850, CT 230................. $ 120 Asphalt Concrete Unconfined Compression, D 2166, CT 221........................ $ 160 Asphalt Mix Design, Caltrans................................................. $2,000 Wax Density, D 1188........................................................ $ 75 Asp gn Spec ................... halt Mix Design Review, Job S ................ $ 135 Extraction% Asphalt, including Gradation, C 2172, CT 310... $ 190 Roofin Film Stripping, CT 302.......................................................... $ 80 Built-up Roofing, cut-out samples, D 2829......................... $ 150 Hveem Stability and Unit Weight CTM or ASTM, CT 366..... $ 170 Roofing Materials Analysis, D 2829.................................. $ 450 Marshall Stability, Flow and Unit Weight, T-245.... ................ $ 190 Roofing Tile Absorption, (set of 5), UBC 15-5 ................... $ 150 Maximum Theoretical Unit Weight, C 2041........................... $ 90 Roofing Tile Strength Test, (set of 5), UBC 15-5................ $ 150 Swell, CT 305....................................................................... $ 150 Unit Weight sample or core, D 2726, CT 308 ......................... $ 75 P-12595 /'/%nyn�/�►oore i 18301 Gothard Street Huntington Beach, California March 17,2005 Proposal No. P-12595 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Mason Aggregates Brick Absorption, 24-hour submersion, C 67 ...................... $ 35 Absorption, Coarse, C 127..................................................... $ 25 Brick Absorption, 5-hour boiling, C 67 .............................. $ 48 Absorption, Fine, C 128......................................................... $ 25 Brick Absorption, 7-day, C 67 ........................................... $ 53 Clay Lumps and Friable Particles, C 142................................ $ 95 Brick Compression Test, C 67 ........................................... $ 34 Cleanness Value, CT 227....................................................... $ 110 Brick Efflorescence, C 67 .................................................. $ 34 Crushed Particles, CT 205 ..................................................... $ 130 Brick Modulus of Rupture, C 67 ........................................ $ 34 Durability, Coarse, CT 229 .................................................... $ 120 Brick Moisture as received, C 67 ....................................... $ 28 Durability, Fine, CT 229 ........................................................ $ 120 Brick Saturation Coefficient, C 67 ..................................... $ 44 Los Angeles Abrasion, C 131 or C 535 .................................. $ 165 Concrete Block Compression Test, 8x8xI6, C 140 ............. $ 39 Mortar making properties of fine aggregate, C 87 ................... $ 245 Concrete Block Conformance Package, C 90 ..................... $ 350 Organic Impurities, C 40........................................................ $ 50 Concrete Block Linear Shrinkage, C 426 ........................... $ 100 Potential Reactivity of Aggregate (Chemical Method), C289 .. $ 350 Concrete Block Unit Weight and Absorption, C 140........... $ 34 Sand Equivalent, CT 217 ................................................ ...... $ 70 Cores, Compression or Shear Bond, CA Code .................... $ 34 Sieve Analysis, Coarse Aggregate, C 136 ............................... $ 95 Masonry Grout 3x3x6 prism compression, UBC 21-18 ...... $ 19 Sieve Analysis, Fine Aggregate (including wash), C 136......... $ 95 Masonry In -Place Shear Test, UBC 21-6 ............................ $ 125 Sodium Sulfate Soundness, C 88............................................ $ 145 Masonry Mortar, 2x4 cylinder compression, UBC 21-16 .... $ 19 Specific Gravity, Coarse, C 127 ............................................. $ 65 Masonry Ptisrn, half size, compression, UBC 21-17 ........... $ 90 1 Specific Gravity, Fine, C 128 ................................................. $ 75 Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASRA test procedures. P-12595 jy,/J7 .q0&*QQrQ WORK AUTHORIZATION AND AGREEMENT Please Sign and Return One Copy to: NINYO & MOORE 475 Goddard, Suite 200 Irvine, California 92618 PROJECT NO. P-12595 1. PROJECT ADDRESS: 18301 Gothard Street, Huntington Beach, California 92648. 2. PROJECT DESCRIPTION: Proposal for Materials Testing Services, Reinforced Concrete Fire Training Tower. 3. SCOPE OF STUDY: I Please refer to proposal dated March 17, 2005. 4. FEE: $4,700 (Four Thousand Seven Hundred Dollars — Time And Materials). 5. PORTION OF FEE 1N ADVANCE OF WORK: None. 6. CLIENT: City of Huntington Beach PHONE: 714/960-8875 2000 Main Street Huntington Beach, California 92648 CONTACT: Mr. Richard Amadril PHONE: 714/960-8875 7. STATEMENT TO BE SENT TO: CLIENT CONDITIONS OF AGREEMENT BETWEEN CLIENT AND NINYO & MOORE This AGREEMENT is made by and between: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, hereinafter referred to as CONSULTANT, and City of Huntington Beach, hereinafter referred to as CLIENT. This AGREEMENT between the parties consists of these TERMS, the attached Proposal identified as Project No. P-12595 dated March 17, 2005, and any exhibits or attachments noted in the Proposal. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CONSULTANT will be based solely on information available to CONSULTANT. CONSULTANT is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by CONSULTANT under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of geotechnical consulting services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CONSULTANT to perform the work set forth in this agreement. CLIENT will notify any and all possessors of the project site that CLIENT has granted CONSULTANT free access to the site. Client will protect all property, inside and out, including all plants and landscaping. CONSULTANT will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage or alteration is not part of this AGREEMENT unless so specified in the Proposal. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CONSULTANT will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CONSULTANT, and agrees to defend, indemnify and hold CONSULTANT harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, CLIENT agrees to compensate CONSULTANT for any time spent or expenses incurred by CONSULTANT in defense of any such claim, with compensation to be based upon CONSULTANTs prevailing fee schedule and expense reimbursement policy. P-12595 W 05/03/G SAMPLE DISPOSAL CONSULTANT will dispose of all remaining soil, rock, and water samples thirty (30) days after submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT's expense upon CLIENTs prior written request. MONITORING If CONSULTANT is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the Proposal, then this phrase applies. For the specified assignment, CONSULTANT will report observations and professional opinions to CLIENT. No action of CONSULTANT or CONSULTANTS site representative can be construed as altering any AGREEMENT between the CLIENT and others. CONSULTANT will report to CLIENT any observed geotechnically related work which, in CONSULTANTS professional opinion, does not conform with plans and specifications. The CONSULTANT has no right to reject or stop work of any agent of CLIENT; such rights are reserved solely for CLIENT. Furthermore, CONSULTANTS presence on the site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction -related services. CONSULTANT will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay CONSULTANT in accordance with the procedures indicated in the Proposal and its attachments. Invoices will be submitted to CLIENT by CONSULTANT, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CONSULTANT in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. in the absence of written notification described above, the balance as stated on the invoice will be paid. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional charge of one -and -one-half (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by CLIENT to CONSULTANT per CONSULTANTS current fee schedules. In the event CLIENT fails to pay CONSULTANT within sixty (60) days after invoices are rendered, CLIENT agrees that CONSULTANT will have the right to consider the failure to pay the CONSULTANTs invoice as a breach of this AGREEMENT. TERMINATION This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by either party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CONSULTANT will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to, the cost of completing analyses, records, and reports necessary to document job status at the time of termination. RISK ALLOCATION Many risks potentially affect CONSULTANT by virtue of entering into this AGREEMENT to perform professional consulting services on behalf of CLIENT. The principal risk is the potential for human error by CONSULTANT. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with CONSULTANTs liability, CLIENT agrees to limit CONSULTANTs liability to CLIENT and to all other parties for claims arising out of CONSULTANTs performance of the services described in this AGREEMENT. The aggregate liability of CONSULTANT will not exceed $50,000 for negligent professional acts, errors, or omissions, and CLIENT agrees to indemnify and hold harmless CONSULTANT from and against all liabilities in excess of the monetary limit established above. Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to, breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CONSULTANT as a third -party defendant. Parties means CLIENT and GEOTECHNICAL CONSULTANT and their officers, employees, agents, affiliates, and subcontractors. Both CLIENT and CONSULTANT agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. P-12595 W 2 05/03/G DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CONSULTANT of CLIENTs findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONSULTANT and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONSULTANT and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health and safety. CLIENT agrees to compensate CONSULTANT for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CONSULTANT agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CONSULTANT harmless for any and all consequences of disclosures made by CONSULTANT which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENTs responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CONSULTANT and, to the maximum extent permitted by law, agrees to defend, indemnify, and save CONSULTANT harmless from any claim, liability, and/or defense costs for injury or loss arising from CONSULTANTs discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by CONSULTANT which are found to be contaminated. DISPUTES RESOLUTION If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation, then: The claim will be brought and tried in judicial jurisdiction of the court of the county where CONSULTANTs principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and; 2. The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' and expert witness fees, and other claim -related expenses. GOVERNING LAW AND SURVIVAL The law of the State of California will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the d_ate signed below by CLIENT. Larry S. Lovett, Principal Engineer Materials Testing P-12595 W 05/03/G :2�62 ,2S" Date 03/17/05 Date PM: GMS