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PETRA GEOTECHNICAL, INC - 2000-02-04
DEPAR�TMENTiA'L. HE F4R TRANSMITTING $20,000 & UNDER.AGREEMENTS TO THE C1TY CLERK FOR D1=F1C1AL F1LfNG Yes No NIA X Are all blanks filled in on agreement? X ❑ Has contractor signed agreement? X ❑ Are all other signatures (e.g., City Attorney Approval As To Form) on agreement? X ❑ Does agreement have Exhibits and/or Attachments? If Yes, X Are Exhibits/Attachments marked? X Are Exhibits/Attachments attached? Yes i No NIA X ❑ Is Insurance required? If Yes, X Is Insurance attached? X Is Insurance Approved As To Form by City Attorney �n��'ra3i��r �ta44 X If waived, is Settlement Committee approval attached? El If waived, has agreement been initialed by contractor or revised to remove insurance requirement from text of agreement? Yes No NIA El ❑ X If this agreement requires documentation to be on file regarding Requests for RFPs, have you attached this documentation (see Page 1 of agreement set 4 f.,L I to determine if this requirement applies)? P, O. -. Please complete the section below so the City Clerk's Office can enter your agreement on the ):74 computer so that it is retrievable by keyword search (termination date is required for Clerk's computer program to flag for microfilming/destruction purposes). a 5o1e sovoc-, ar iA 14-•J45 Description of Agreement (Purpose) (such as Perform Soil Analysis Waterfront Y)p+ V%fcess4 y Hilton/PCH/Atlanta): -to r� Ua3 . Professional Services Contra between the City of Huntington Beach P�v Boas Contract e y g and PETRA GEOTECHNICAL, INC. for Geotechnical Investigation at Yorktown-Lake Project Area M&VZ a- not-e- z Termination Date: 8/4/2000 -[4 C lark d� �o n gyp g:198formslagrmts V 1� ��Y1'ti l�� - Y) , I,e'`' , p PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PETRA GEOTECHNICAL, INC. FOR GEOTECHNICAL INVESTIGATION AT YORKTOWN-LAKE PROJECT AREA THIS AGREEMENT is made and entered into this day of by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter referred to as "CITY," and PETRA GEOTECHNICAL, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide geotechnical investigation for the Bowen Court Senior Apartments; Yorktown-Lake redevelopment project area; 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 said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. WORK STATEMENT CONSULTANT shall provide all services as described in the Request for Proposal ("RFP"), and CONSULTA_NT's Proposal dated June 14, 1999, (both of which are hereinafter referred to as Exhibit "A"'), which are attached hereto and incorporated into this AGREEMENT by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Siamak Jafroudi who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this AGREEMENT. 1 agree'j mp!petro gea;11/19:'99 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this AGREEMENT. 3. 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 and all tasks specified in Exhibit "A" shall be completed no later than six (6) months from the 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 the Scope of Services on the Work Program;Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Five Thousand Six Hundred Dollars ($5,600). 5. PRIORITIES In the event there are any conflicts or inconsistencies between this AGREEMENT, the CITY's RFP, or the CONSULTANT's Proposal, the following order of precedence shall govern: 1) AGREEMENT, 2) the CONSULTANT's Proposal, and 3) the CITY's RFP. 6. 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 2 agreeljmplpetro geol!1123199 i • work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 7. METHOD OF PAYMENT A. CONSULTANT 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 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. 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) Shod- 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. 3 agreeljmpipetro geo/I ll19l99 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 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 CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the 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 CONSULTANT 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 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. S. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters 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 the 4 agreeljmp Petro geo%[l'19l99 • i PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with performance of this AGREEMENT or its failure to comply with any of its obligations contained in this AGREEMENT except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. 10. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONSULTANT shall maintain workers' compensation insurance in'an amount of not less than One Hundred Thousand Dollars (S100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish 5 agrecljmplpetro gea'1 1119.99 • • to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 11. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and COI\SULTA_NT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims 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 for this PROJECT. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTA_NT's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 12. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's 6 agreeljmplpetro geo/l 1/19/99 professional liability in an amount not less than S 1,000,000 per occurrence and in the aggregate. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the professional services contractor's start of work(including subsequent policies purchased as renewals or replacements). B. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. 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. D. The reporting of circumstances or incidents that might give rise to future claims. 13. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the'policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty(30) 7 agrccljmp!petro geo!1]/19/99 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 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 CONSULTANT under the 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. CONSULTANT shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. 14. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 15. 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 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. agree/jmplpelro geo/11/19199 16. ASSIGNMENT AND SUBCONTRACTING This AGREEMENT is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 17, 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. 18, 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 GoveriIniew Code. 19. NOTICES Any notice or special instructions required to be given in writing under this AGREEMENT shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Economic Development 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, addressed as follows: TO CITY: TO CONSULTANT: David Biggs Siamak Jafroudi, Vice President Director of Economic Development Petra Geotechnical, Inc. City of Huntington Beach 3185-A Aimray Avenue 2000 Main Street Costa Mesa, CA 92626 Huntington Beach, CA 92648 9 agree!jmplpetro geo!i 1119199 20. 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. 21. 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. 22. ATTORNEY'S FEES . In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PA GE NOT USED 10 ugi ce j mp:Petro geo/11:19i99 23. 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 offices the day, month and year first above written. PETRA GEOTECHNICAL, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California B Allen bell, Pre t City IkSministrator By. Siamak Jafroud' ecretary APPROVED AS TO FORM: ;_'.Pi J r r�- -'fit-04 y Ilf?fj L�� REVIEWED, INITIATED AND APPROVED: V &,/) //), 4W �1 irector of Econ uric Development C ► 11 agreeijmp?petro geoil 1/19199 . , � �XIiIBIT A • 1PETRA RECEIVE[ J U N 15 1999 COSTA MESA•5AN GIGO•TEIVECC'LA•LOS ANG=LES DEPARTMENT QF ECONOMIC DEVELOPMENT June 14, 1999 Proposal No. 1302-99 Mr. Gregory Brown, Development Specialist REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH 2000 Main Street,Fifth Floor Huntington Beach, California 92648 SUBJECT: Proposal and Fee Quote for Supplemental Geotechnical Investigation Bowen Court Senior Apartments Yorktown—Lake Redevelopment Project Subarea Huntington Beach, California Dear Mr.Brown; Thank you for the opportunity to present our geotechnical qualifications to the Huntington Beach Redevelopment Agency to perform a supplemental geotechnical investigation for a vacant site owned by the agency proposed for development. We have prepared this proposal based on our review of the RFP dated May 28, 1999 and review of background documents pertaining to the area provided by the Huntington Beach Redevelopment Agency. PROJECT UNDERSTANDING We understand that the Huntington Beach Redevelopment Agency is the owner of a vacant 1.4-acre site consisting of five individual lots located across from the civic center at the southeast corner of Lake Street and Yorktown Avenue in Huntington Beach. It is also our understanding that the Agency proposes to develop this site into a twenty-one unit, one- and two-story senior housing development. Through the RFP we know that in 1997 and 1998, soils and geotechnical analyses were performed on this vacant property. We also learned that in one concentrated area, debris was detected consisting mostly of clay, rubble and asphalt concrete. Furthermore,we understand that a geoteehnical report issued in 1997 recommended that an additional environmental study be performed on Lots 1 and 2 due to visual observation of oil-based products and strong petroleum odors detected from soil excavated from their borings. Based on the RFP, the fill within the subject site met City and EPA standards for cleanliness. PETr-GEOTECHNICAL INC. -A Alsway Avenue C_sla IVesp,CA 92626 Tel:(714)549-8921 Fax:(714)549-1438 petrccm(LDibm.net HUNTINGTON BEACH REDEVELOPMENT AGENCY June 14, 1999 Yorktown-Lake Redevelopment Project Subarea Proposal No. 1302-99 We understand that our purpose for performing a supplemental geotechnical report will be to confirm that the problem reported exists in the manner previously identified; that the reported problem is confined only to Lot 1 with possible transitory migration into Lot 2; and to ascertain if the contaminated area can be remediated in a cost effective manner. DESCRIPTION OF WORK The purpose of this supplemental geotechnical investigation will be to obtain subsurface information at the proposed project site and to confirm previously reported issue and Provide recommendations pertaining to the most cost effective manner for remediation. Based on our previous experience on numerous similar projects and on our understanding of the proposed development,we recommend performing the following services: 1. A site reconnaissance and initial observation and mapping. 2. Collection and review of readily available reports and literature concerning soil and geologic conditions within and adjacent to the project site. 3. Excavation of 5 to 6 exploratory test pits to a maximum'depth of 18 to 20 feet below ground surface to determine subsurface soil, geologic, and, if encountered, groundwater conditions. 4. Collection of representative bulk and/or undisturbed soil samples for laboratory analysis. 5. Appropriate laboratory analyses on.soil samples which may include determination of in-situ maximum density, 'in-situ and optimum moisture content, grain-size distributions, Atterberg limits, shear strength and consolidation characteristics, expansion potential, and soluble sulfate content. 6. Preparation of a report presenting the results of our investigation and providing recommendations for the proposed development in conformance with your Request for Proposal requirements. In addition to our geotcchnical services, we would also like to offer our services of environmental consulting. If necessary, our environmental division is qualified to provide services to evaluate the nature and extent of contamination at the project site. These services can be provided upon request under a separate scope of services and for an additional cost. 4 - 2 - HUNTINGTON BEACH REDEVELOPMENT AGENCY June 14, I999 Yorktown-Lake Redevelopment Project Subarea Proposal No. 1302-99 SCHEDULE We will be prepared to commence with our investigation approximately one week after receiving your authorization, assuming there are no delays due to unforeseeable conditions such as weather, coordination with on-site personnel, access restrictions or labor and equipment availability. The following Proposed Project Schedule indicates the order of work and a time schedule relating to the sequence of deliverables. ESTIMATED FEE Our services will be performed on a time and materials basis in accordance with the attached Schedule of Fees. Based on the scope of work outlined above,-our fee will be a not-to-exceed amount of approximately $5,600.00 (Five Thousand Six Hundred DolIars). A detailed breakdown of our fee is presented in the attached Table 1 — Breakdown of Estimated Fees, indicating the estimated man-hours for the tasks described above. QUALIFICATIONS AND RELEVANT EXPERLENCE Petra Geotechnical, Inc. has extensive knowledge and experience with projects similar in scope and magnitude to that required for the Agency's project. The advantage we can offer the Huntington Beach Redevelopment Agency is our staff's extensive working knowledge and experience of the geographic area. Petra has completed more than 220 projects within the City of Huntington Beach with more than 65 of those projects being within a one-mile radius of the subject site. In addition, we have worked on numerous projects proposed for senior residential multi-unit complexes where unsuitable materials were found to extend beyond the property. Many of these projects required in-place treatment of these materials such that off-site constraints did not obstruct the proposed development. - 3 - HUNTINGTON BEACH REDEVELOPMENT AGENCY ,tune 14, 1999 Yorktown-Lake Redevelopment Project Subarea Proposal No. 1302-99 INSURAtiCE To provide safeguards and to meet the.requirements of our clients, we carry the following types of insurance: AntiCaffier Professional Liability $ 1 Million/claim Design Professional $2 Million aggregate Insurance Company General Liability $ 1 Million/occurrence St.Paul Fire and Marine S 2 Million aggregate Worker's Compensation $ 1 Million Fireman's Fund Automobile $ 1 Million St.Paul Fire and Marine REFERENCES The following references represent clients with whom Petra Geotechnical, Inc. has worked for in the past on similar projects. These agencies/firms/individuals can attest to the quality, timeliness and thoroughness of our services. Petra Ist nce Structure Development Group Mr. Robert Kleiman—213/651-5717 Los Angeles County Public Works Department Mr.Bill Ludvick—213/738-2206 City of Mission Viejo Mr.Mark Chagnon—919/470-3091 Petra Geotechnical, Inc. appreciates the City of Huntington Beach Redevelopment Agency's consideration of our proposal. We look forward to your review of our proposal and encourage you to contact our references. Should you have any questions or if we can provide you with any additional information,please contact me at 714/549-8921. Respectfully Submitted, PETRA GEOTECHNICAL,INC. Dr. Siamak Jafr di, G.E. Vice President SJ/cs Attachment: Schedule of Fees Table I —Breakdown of Estimated Fees -4 - HUNTINGTON BEACH REDEVELOPMENT AGENCY June 14, 1999 Yorktown-Lake Redevelopment Project Subarea Proposal No, 1302-99 TABLE 1 —BREAKDOWN OF ESTIMATED FEES Bowen Court Senior Apartments Yorktown—Lake Redevelopment Project Subarea Huntington Beach, California Initial Mapping 3 Hours $270.00. . f Exploratory Excavation 8 Hours $1,200.00 Logging/Sampling 8 Hours $720.00 Subtotal $2,190.00 Moisture/Density 16 Samples $225.007 Maximum Density 2 Samples $250.00 Shear Strength 2 Samples $225.00 Solul)le Sulfates 2 Samples S75.00 Resistivity and pH 2 Samples $75.00 Atterberg Limits 1 Sample $150.00 Expansion Index 2 Samples $150.00 Subtotal $1,150.00 Data Evaluation 5 Hours $450.00 Drafting/Test Pit Log Preparation 4 Hours S240.00 Subtotal $690.00 Report 12 Hours S1,320.00 Review 2 Hours $250.00 Subtotal S1,570.00 TOTAL ESTIMATED FEE $5,600.00 Supplemental Gxeotechnical Investigation For Bowen Court Senior Apartments Yorktown - Lake Redevelopment Project Subarea Huntington Beach,California Proposed Project Schedule DAYS FOLLOWING NOTICE TO PROCEED TASK 1 2 3 4 S 6 7 1 8 9 10 11 12 13 14 1 15 16 17 18 19 10 11 22 23 24 Notice to Proceed 1 Initial Site Visit P Perform Field Investigation Laboratory Investigation Preparation of Boring Logs ; Data Compilation&Analysis 1 Preparation of Final Report i Task Deliverables 4 PETRA CITY OF HUNTENGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION AM FEB - I PM 1= 4 7 1. Name/Title/DepartmentofRequesting Staff Member Economic Development—Greg Brown Kt%.,L EVtU 2. DateofRequest December 10, 1999 CITY AT O WEY 3. Name of ContractorlPermittee PETRA GEOTECHNICAI, HUNTIMGTflPdBEACH 4. Description of work to be performed Consultant _w_iI I perform ,ati.ppl..em..pntai geotechnical investigation on a Redevelopment Agency—owned vacant lot. See attached description. S. Length of Contract six months. 6. Type of Insurance Waiver or Modification Requested: Waiver of deductible. (a)Limits: (b)Coverage 7. Reason for Request for Waiver or Reduction of Limits PETRA is an established Orange County based consultant. There is no concern'.--. y staff that PETRA would not pay its deductible , if required. 8. Identify the risks to the City if this request for waiver or modification is granted No known risks or impacts . • Department Head Signature (This section to be completed by the Risk anager) Recommendation: Approve Deny Risk Manager's Signature/Date (This section to be completer!by City Attorney) Recommendation: Approve V Deny City Attorney's Signature/Date 1 2 1 21 1 Settlement Committee appro a s] ,not required for this waiver. If Settlement Committee approval is required, submit this form to City Atto ice to be placed on the agenda. Recommendation:Approve Deny. City Council approval [is] [rn�oflrquired for this waiver. If City Council approval is required, attach this form to the RCA after consideration by lement Committee. This insurance waiver[is] [is not] on City Council agenda. %86 8T9922VVTG 67 :80 2a02-i?�-�Idl� C,J.:.enr�6 15 0 AkTRAGEOT i � ,.� CERTIFI , . E OF LIABILITY INS . ANCE 2iO3ioc) PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P . v- Box05 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EkTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Santa Ara, CA 92711-0550 714 4 2 7-6 610 I INSURERS AFFORDING COVERAGE INSJRED INSLRERA• Design Prcf Ss.ionals —'ns . Co. Petra Geoteci:;'::'ca' inc . INSURESB. _ 3185-A Airway Avenue Costa Mesa, CA 92625 INSLRERD' - ~— I INSLRER E' COVERAGES THE POLICIES OF INSURANCE LISTED 2ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FCR'HE POLICY PERJOO INOICATEC_ NOTWIT%+STANDING ZNY AEOUiRE` ENT, TERM OR COND•TION OF ANY CONTRACT OR OTHER DOCUMENT WIT-1 RESPECT TO WFrIC-1 THIS CERTIRCATE MAY BE !SSuED OR MAY PERTAIN, ThE fNSURANCE AFFORDED BY "hr POr.IC:ES DESCR BED HE RC-iN ;S SUS.ECT TO AL- -HE TERMS.EXCLUSIONS AND COI'�DI'10,4S OF SL Ch PCL:CIcS AGGREGATE;LIMITS SHOWN'MAY HAVE L 2E"eN aED(,CED E3Y PAID CLA M5- IL7p TV PE OFihSLgANCE POLICY NUMBCR O,YEY MMFOYE �P Ca E EXPIRATION LIMITS GENERA+.LfAHrLM I EACH OCCURRENCE $ COMMERCIAL GES'ERAL LIAB�:TV !FAE DAMAGE;Anv 0ne'Ire) I S C.AiMS MACE —1 OCCUA MED EXP iAny*no Parson) $ PERSONAL 4 ADV INJURY Is GE,-4ERAL AGGRESATE I S GEN'LAGCAEGATEL MI'A?PL,ESPER:I 2ROOLC'TS -COMPIOPAGG 'S I i POL'a I I HOC . AUT3Fa013161 LIAdIUTY i !COVB;NED SINGLE LIMIT I ANY ALTO 'For Professional Liabillty COverage, the ;E1=iva^r) s - A-L CwNED Au-Gs 899t8g9te Umlt is the total Insurance avallabl, I ECOI YIN;uRY SCHECU.EDAuTQS for all covered Clafms prjaented within thg oiAED AVTCS policy pa:ad. The limit x?ll be reduced by, BOD:LY INJURY I s NCN•OWNEDAVT('S payments for indemnity and expenses. ! ,pc,"cicdnn i L.— II — .,..,„_ i I I PROPERTY DAMAGE 3 [Pa,U61mr.1) GARAGE LJA&iJTY I AL''O ONLY-EA ACCIDENTS ANY AUTO I I FA ACC 15 _ OTHER T'YAN AU 70 ONLY. AGG i S ! EXCESS LIABILITY I I EACH OCCURRENCE__ _ ;3 I OCCLA I CLi%,MS MADE ' APPROVED AS FORtd:: rAGGREOATE � s GAIT, HUTTOrd, City Attorney --s oEDUCTaI< By: Deputy C ty Attorney .s� --- RETENTION 1 I I S WORKERSCOMPENSATJON nr:9 I �7 �d� 'WC STAT+ I OTn• _ EMPLOYERS'UAHIiJTY P �� E.L.EACH ACC DENT i E.L.DISEASE-EAEMPLOYEEI S_ E L.DISEASE-PO,ICV LIMIT I S A OTHER Professional PL300635 02/1C1/00 02/01/011 $1 , OCO, 000 Per Claim Iriability* : $2 , 000, 000 Annual Agar 25 , 000 Deducible DESCRIPTION OF OPERATIONS/LDCATIONSIVEHIC.ES+EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re : Gectech^icai Invest-garion - Bower. Court Senior Anartments if cancelled for non-paytr.ent of premium, 10 days notice given. CERTIFICATE HOLDER ;ADDITIONALINSURED;INSURERLETTER: CANCELLATION y, SHO�JLD An Y OF TH E ABOV E C ESCRIBC-O POL ICIE S B E CANCELLER BEFORE TH C CXAri�AT1 ON City of Huntington Beach DATE:TMEREOF, T1SE ISSUING INSURER WILLX3Q0ft)0LX9YIAJL 3.Q_DAYS WRITTCK Attn: Gregory A. Brown. NCTICETOTHECERnFICATEMOLDEANAMEDTOThELEFT Det)art men:: of Econorn_c Development �a 2000 Main Street Hur:tirgtor_ Beach, CA 92648 ArxED EPAESENTAMVE .pj& D lAj ACORD 25-S{7l97)1 of #S3 0427/M3 C 219 k JLL © ACORD CORPORATION 1988 Z"�/Z��'d o"'sue?= ;CSSh' �tiOCi\3x �=Th'_J g:gg,ZS^ __ : : '3� „��.Z,ZZ•?r�Ia Sent By:-. PETRA ACCOUNTING; 7145683770; NOV-22-99 16:37; Page 2/6 At")RD•- CERTIFICAVE OF LIABILITY INSURTNCE g�30�ON) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, ReiiLuzi & ASSOCia:es ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. C. BOX 110 5 5 0 f HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5arsta Ana, CA 92711-0;50 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4 42 7-6 810 INSURERS AFFORDING COVERAGE INS:n+tH A: St Paul„ i t- & Marine - Petra Geotec nical , Tnn. - - ' --- — NSLFERB. ireInan' s fund 3185-A Airway Avenge INSLPEHC Desian Pro6essionals Ins . Co . — Costa Mesa, CA 92625 NSuaFRa --- -- INSUREP F. COVERAGES THE nLtCIESO=.NSURANCE LISTED BELOW HAVE REEN ISSUED TC -I+E 'NSURED NAMED ASOV= FonTHC POLICY PERIOD:NDICATED NO7Vv:TH5TAN:)ING ANY REQUIREMENT, TEAM CR CONDITION OF ANY CotirRACT OR OTM R GCCJIAIENT WITH .'itSPECT TO WHICH THIS CERTIFIC,ArF MAY RE ISSUED 011 MAr PERTAIN. THE INSURANCE AFFORUrJ t5Y rhE PO-ICIES DESCRIBED HEREIN •S SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AnAREGATE LIMITS SHIDWN MAY HAVE SEEN REDL,CED BY PAID C,AI41C INSR: TYPE OF INSURANCE POLICY NUMBER POLICY EFCEGTivE 70uC•!GXPIRATON i4,4,DD/Yr% MATr JMMjD0fYY1UMITS A IGtNeRA'_UAe'L'Tr RP06647199 i 06/25/99 06/25/00 EAC_HOCCURRENCE s2, 000 , 004 I X_COM M EACIAL UENERAL LIAOILITV CL D=DUCT I BLE IS $0 :F%RE DAMAGE(Arty p5e firol --s-:W"T,I.'F?L,,.LD �- CLA145 MADE T OCCUR V.ED CXP•(Ary nne per;pn) 'S 5, 000 _ --- -PERSC,NAL&ADV INJURY S2 1 0 0 C , 0 0 0 f, . copy - GENERA.AGGHr"GAPE �S-}� 000-� 0 J C N',AG09EGA-GLIMITAPPt.,ESPE`a ��.UJL;T5 -CJM��OPA( 54 � 000 'M'00 .POLICY .p4Q. LOC -- --•• -- - A AVrOMOSILE LIABILITY CAC 6 6 0 B 2 6 9 C 6/2 5/9 5 06125100 COMBINED SING-E LI.VIT X -ANY AJTO IEa amdem) , 0 0'0 , 000 ---- ALL OWNE-DAvrOS 'For Pro!esaional Liability coverage, the - :S SCHEDULED AUTO ' SOD��V INJVr:r S i?nr Be+s 7nl aggregate limit Is the to!al insurance available - X IrIneoAUTOS for all covered claims presented within the 6001LYM.niHY S X NON-OWNED AUTOS 1P.I imder111 Policy period. The limit will be reduced by — - - --- " Payments for indemnity and expenses. PPRO;EAT yAMA4r 3 GARAGE LIABILITY AJTC CNLY•EA ACCIDL%T S •ANY AUTO --- -- •------ r. { 0T.H.E9 Try AN CA ACC-...S ACiGQNLY ACG 5 EXCESS UABILITY '-' - - 4AC}I OCCUFRENCC - Yr:.w CLA'4IS MAC'e UEDUC'IBLE B.Y ne. S WOAIIER9COM►ENSATONAND WZPB^.@0E92 06/25/99 06/25/00 wcsrATu• nn�• EMPLOYERS'LIABILITY '� `�_--- - ER E-L EACH ACCIOCNT :27 000J.000 1`D C.L DISEASF EA EMPLOYEE's" C 0 , C'0 G ADC'! INS' . � »Jr. Ir1l C 1J- E L DISEASE-PCXIC`/a IT S. , 000 , 000 C OTI,ERprofessional FLj512i70G2 02/01/99 02/0_/00 $1, 000 , 000 PPr Claim Liability * $2 , 000 , 000 Annual Aggr $25, 000 Dcdl.lctib'e DESCRIPTION OF OPHRA7ION&LOCA71QN5rVEH CLESIEXCLI,S10NS ADDED eY ENDORSEMENTISPECIAL PROVISIONS �- Re : Geotechnlcal Investigation - Bower. :'011rIr. Senior Anartsents CiL"y cf r?urtington Beaci:, its o"icers , employees, agents and vo1:1n-_ecz3 are Additional Tnsureds as respects General Liability per cndt attached. Primary & Nor.-Ccntri;Duti::g 3;:c Cross T jability applies to GL. Gen--ra . (See nttac'rcd Lcscr_;Cicns) CERTIFICATE HOLDER ADDIT1014"INSURED INSURERLETTER: CANCELLATION SHCULD ANYOFTfIE ABOVE DESCRIBED POuCIESBE CANCELLED BEFOf1E THE EXIV1ATION City of Huntington Beach DATE THRAEOF. THE tDBVINCINBVAER WILL= yE9aWA113,a—DAYSWRITTEN A' Z: Gregory A. Brown NOTICE TOrNECEHTIFICATE HOLDER NAMED ro]Me LEFTJtDZXKpKXoQ§aKLV fDCK D,--irtment cf Economic Development xc�eoe aoeoc>I Da ea9ep¢oe'ta�lsaxsn e 2000 Main Street H:nt]ngzon Seac h, CA 92646 AUTHORIZED REPRESENTATIME. ACORD25S(7197) of 2 #S2C-93/M2C492 L L CA ORD CORPORATION 1988 NOV-22-1999 16:39 71 Ga6?377t? 96% P.02 Sent By: PETRA ACCOUNTING; 7146683770; NDV-22.99 16:36; Page 3/6 DE4kRIPTIONS (Continued from Flqe 1) Total Limit Applies Per Work Site Endt is included as respects GL. if cancelled for non-payment of premium, 10 days notice given. (AI-CG20�C/PR a CRS-SPECIAL CK/GE-\T' L AGG:t ##43985/GL-D9D/PL-DED/X) I AMS 25.3(07/97) 2 of 2 4S20493 M20492 NOU-22-1999 16:38 7'-46683770 96% �.03 Sent By:T PETRA ACCOUNTING; 7146683770; NOV-22-99 16:38; Paae 4/6 i COMMERCIAL GENERAL LIABILITY POLICY N' MBER: RPG6647199 INSURED: PETRA GEOTECIINICAL, TNC. THIS ENDORSEMEti'T CHANGES THE POLICY. PLEASE READ IT CA.UFULLV. ADDITIONAL INSLRRED- OWNFRS,LESSEES OR CONTRACTORS (FORM R) This endorsement uwditied insurance provided under the following: CO ME,RCLAL GENVU AL LLABILITY COVERAGE PART. SCUE,RULE I,MME Of PERSON OR ORGANIZATION-. CITY OF 4LINTIINGTON BEACH, ITS OFFICERS. E NIPLOYEE-S, AGENTS AND VQL;JN 'FFRS DFPA't.TLIE\T OF ECONOMIC DEVELOPME•N: 2000 IAI` STREET HLTIT]\GTON 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.) WHO 1S A'` LvSURED (Section ll) is amended to include as an insured the Person or Oraanizarion shown ir, the Schedule, but only with respecr to liability arising OUI of"Your Work" for chat insured by or Cor you. C.G 20 10 11 85 NOU-22-1999 16:39 7146683770 96% P.04 $ent By: FETRA ACCOUNTING; 7146683770; NOV-22-99 16:38; Page 5/6 is C%NExAr. ENDORSE MENT In consideration of additional prcmiun of NIA , it is hereby tnderstood and agreed that the following applies: [ X 1 PRIMARY COVERAGE With respect to claims arising Out of the operation of the Vamed Insured, such insurance as affordcud by this policy is primanr and is not additional :o or contributing with any other insurance carried by or for the benefit of CITY OF HUNTINGTON BEACH, ITS OFFICERS, OFFICIALS, F- 11PLOYEES. AGENTS AND VOLUNTEERS [ X I CROSS LIAB1L(TY C1.AUSE The narning of more thzi one person, firm or co:poratiou as insureds under this policy shall not, for that reason alone, extinguish any rights of one insured agairst another, but this endorsement, and the naming of multiple insureds, shah not increase the total liability of the Company under this policy. [ X ! YOTICE OF CANCELLATION it is understood and agreed 6W in the event of canceliation as'tl-.:: Policy for aety reason other than non-payment of premium, 30 days written notice will be sent to the following by trail CITY OF HUN T'I NGTON [TEACH Dk.PARTMEN.I, OF ECONOW11C DEVELOPMENT 2000 MAIN STREET HUNTIf`GTON BEACH.CA 92648 In the event the policy is canceled [or non-payment of premium. 10 days written nonce will be sent to the abo-e. Policy No.: RP06647199 'Erfectitie Date: 9128199 Insurance Company: St. Pziul lire &Marine issued to: Petra Gemechailcal, Inc. l Issue Date- 9130j99 AuttA��zec! Re scnta ve NC V 9 1999 . EC4P DE E�TOF - LDpiksw NOU-22-1999 16:39 71466133770 96% P-05 Sent By:.- PETRA ACCOUNTING; 7146683770; Nov-22-99 15:38; Page 6/6 CHANGE OF LIMITS ENOORSEMr...f - GENERAL TOTAL LIMIT APPLIES PER WORx SITE This endorsement changes your Commerciar Genera! _iabi'iry Protecticn,. NAMED INSURED: PETRA GEOT=CHNICAL, INC. POLICY NUMBER: RP06647199 POLICY PERIOD: 6125199 TO 5/25/00 Now Coverage I$ Changed Your work sites means any premises, site, or ;ocation at, on, or in which your work The following is added to the General total isn`t yet completed. other than your limit section, This char.ga broadens premises. :overage. Your premises means any premises, site, or We'll apply the general total limit separately location :hat you own or rent or lease frern to: Others. e the combined tctal of ail covered bodily injury, property damage. and medical We explain: expenses that result from each of your • what we rreen by your Products, your Work sj:es; cornpleted work, and your work in the • .he combined :etal of ail covered bodily Products and completed work total limit nlury, Property damage, and .rnedical section; and sxpensas trat •esult frorr, :i-e remainder of • wren we cors:der your work to be Your business, other rhan Your products or carnpretec in trio def:niron of your cornp:etec wor<, •.,which is.".-: conducrad at, comp:etac work in the Products and or, Or :r. ce in connectior. wit.n, any of comp:ateC work Total limit section. y.Cur Work sites: arc • ,he combined tcTai et a!l covered personal Other Terms 'r-lt,ry a"d advert;S;r-9 -rlury that's caused -y all persor.ai inlury offenses and Al; orner terms of vour policy remain the advertising n,iury offenses ccmmit:ed in a sane. oi!c•/ year, regardless cf me nurnbe,- of your wo*K s-res or prem•ses. R� Nn1, � � � , ECONOM C pE ENT OF lrEzOP4% 427?85 Rev. 3-97 Printed it U.S.A. Endorsement eS;.Pau! Firo and ,Marine insurance C3.1997 All RigtTrs Reserved Page 1 of 1 NOU-22-1999 71466E377a 9SX P.06 Documentation Regarding Compliance with Huntington Beach Municipal Code, Chapter 3.03 Procurement of Professional services Requests for proposals were mailed by the Economic Development Department to the following geotechnical services companies on May 28, 1999: Advanced GeoEnvironmental, Inc. 3315 East Miraloma Avenue, #117 Anaheim, CA 92806 Geotechnical Engineering 2483 East Orangethorpe Avenue Fullerton, CA 92631-5304 PETRA Geotechnical, Inc. 3185- A Airway Avenue Costa Mesa, CA 92626 ATEC Environmental Consultants, Inc. 8 Pasteur, Suite 150 Irvine, CA 92718-3803 Tetra Tech, Inc. 3150 Bristol Street, Suite 500 Costa Mesa, CA 92626-3067 Converse Consultants 185 Paularino, Suite B Costa Mesa, CA 92626 Zeiser-Kling Consultants 1221 E. Dyer Rd., Ste 105 Santa Ana, CA 92705