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HomeMy WebLinkAboutTwining, Inc. - 2010-06-21 7- Council/Agency Meeting Held: Deferred/Continued to: Ap roved Conditional) Approved 0 Denied � Ci Jerk ignature Council Meeting Date: June 21, 2010 Department ID Number: pw 10-009 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve As-Needed Professional Contracts for Testing & Inspection Services with AESCO Technologies, Inc., Kleinfelder West Inc., and Twining Inc., each in the amount of$750,000 with three-year terms Statement of Issue: The Public Works Department requires independent inspection and materials testing services for a variety of capital projects. Services include geotechnical (soil) testing, material testing, welding, and other special deputy inspections. Staff is requesting approval of contracts with three qualified firms to perform these services on an as-needed basis. Financiallmpact: Funds are available within budgeted capital improvement and maintenance projects. All current projects will be funded through Water Fund, Water Master Plan, Sewer Fund, Gas Tax, Measure M, Proposition 1 b or other grants. There are currently no budgeted General Funded projects that will utilize these services. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute professional services contract for testing and inspection services between the City of Huntington Beach and AESCO Technologies, Inc.; B) Approve and authorize the Mayor and City Clerk to execute professional services I contract for testing and inspection services between the City of Huntington Beach and Kleinfelder West Inc.; and, C) Approve and authorize the Mayor and City Clerk to execute professional services contract for testing and inspection services between the City of Huntington Beach and Twining Inc. Alternative Action(s): Do not authorize the contracts. This action will delay capital project completions. -89- Item 8e - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/21/2010 DEPARTMENT ID NUMBER: pw 10-009 a 4 Analysis: The Public Works Department requires independent''inspectiori and materials testing services for a variety of capital projects. Services include geotechnical (soil) testing,. material testing, welding, and other special deputy inspections. The services provide the independent or specialty deputy inspections required on some building projects and capital projects that are outside of the expertise and qualifications of city staff. Inspection services may be requested if Public Works staff is not available. The previous contracts are expired and the need for these services continues. A Request for Proposal (RFP) was prepared in compliance with Chapter 3.03 of the Huntington Beach Municipal Code detailing the independent inspection and materials testing services required. After a thorough review of the eleven proposals received, three (3) firms are recommended. It is critical to project schedules that these services be readily available. The as-needed agreement provides maximum flexibility when testing and inspection services are required on.short notice and to meet the demands of ongoing project schedules. The proposed agreements establish a $750,000 authorization per firm over a three-year period with the option of two one-year extensions. Funding sources will be capital project accounts. Testing and inspection services are examples of supplemental expenses that are budgeted in each project depending on the type of work. Evaluation of the recently expired contracts found that the typical expenditure over a similar period was $750,000. In addition, a review of upcoming projects such as future arterial rehabilitation projects, the ongoing Utilities Yard Upgrades, ADA improvements of public buildings and waterline replacement projects further define the need for these services. Public Works Commission Action: Not required. Environmental Status: Not applicable Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment Us : • i • • Professional Services Contract between the City of Huntington Beach and AESCO Technologies, Inc., for As-Needed Materials Tesing and Inspection Services. Professional Services Contract between the City of Huntington Beach and Twining, Inc., for As-Needed Materials Tesing and Inspection Services. 3. Professional Services Contract between the City of Huntington Beach and Kleinfelder �„M West Inc., for As-Needed Materials Testin and Ins ection Services Item 8. - Page 2 -90- ATTACHMENT #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR As.- Ne¢.deck Praf-ez o+,1 Tq�s tj r, � �sou�ti u�� Se rV'k CQs Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND "Tw i✓1 i nR , ZV`� L FOR N—NeeAeckPV o esS i�?y,c. T�s-h rn�i `5 L+�C PQC1Fi�7r^� SU✓i C THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and a Cali rye i A Coy-�x,v -ham hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to rnV;4e. 0k.9-nep-c" ' rm4essiovwl jnSpevt;opl .S y. 'Us ; 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 Ealw l M .Tw ht,.ui,Sr. who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs mayor 1 of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on vV, 20 10 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A'.' shall be completed no later than 4\ree. aewr r4+e A,4e, from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seven RLu-cued F'f±j -M6u4c-.,� Dollars ($ 15®. OoO.U:� ). 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 agree/surfnet/professional Svcs mayor 2 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 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 (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT'S counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/surfnet/professional Svcs mayor 3 of 11 12/07 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/surfnet/professional svcs mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either parry, 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. agree/surfnet/professional svcs mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surf iet/professional svcs mayor 6 of 11 12/07 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: TO CONSULTANT: City of Huntington Beach T-V\C- ATTN: Cric. C.bwrIovihe, 2�696-1 •SPr:,�5_+.0 Soo 2000 Main Street l_ov,�) Qaeo;cb,r GA 9 0'.0 co Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professional svcs mayor 7 of 11 12/07 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be agree/surfnet/professional svcs mayor 8 of 11 12/07 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, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professionat Svcs mayor 9 of 11 12/07 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact eld by th i�gnaatory or is withdrawn. CONSULTANT'S initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof agree/surfnet/professional Svcs mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation.of the�State of COMPANY NAME Calif is - Mayor By: .F�l. J�✓J c•�.o. print-name tity Clerk P 110 e)(1ITS: (circle on Chairma resident/Vice President INITIATED AND APPROVED: BY• c.&61 i t w ov- S Director Cl # print name S: (circle one)Secretary/Chief Financial Officer/Asst. Secretary- reasurer REVI APPROVED: /Uty-Administrator APPROVEP AS TO FORM: 1- (-eqel� V L ?moo/o City Attorney c��21�� agree/surfnet/professional svcs mayor 11 of 11 12/07 EXHIBIT "A" A. STATEMENT OF WORK: To provitole ctu.aUf�eol '&wspectitow awol QjxnUtU test'W.0 ectu%pw&ewt av►.ol Laborator� to perforvu. s%te vwaterLaL testL'no, s?ec,'0L oleput� tv.spect%ov►.. T>erforvu, c[u.aUt� assurance testLwg of mnter'�als. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 2 T>rovbol a ctu a U f ed staff. 2 DeUVer test reports. C. CITY'S DUTIES AND RESPONSIBILITIES: 1 provide plums awd specs fbcatLons for each assL'0ned project. D. WORK PROGRAM/PROJECT SCHEDULE: 1 To be determ'MC01 Pt tf�vu e Of each project ass'gvwv evut. EXHIBIT A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1 CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2 Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3 CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A)Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B Client#:9733 TWILABCA i CORDTM CERTIFICATE OF LIABILITY INSURANCE 0DATE(MWD 5122/10DnYYY) ® PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Ins.Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#OB29370(415)356-3900 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 123 Mission Street,26th Floor San Francisco, CA 94105 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Lexington Insurance Company 19437 Twining, Inc. INSURER B: 2883 E.Spring Street,Suite 300 INSURER C: Long Beach,CA 90806 INSURER D: INSURER E: COVERAGES 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, IN SR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES occurrence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS AE TL S O BODILY INJURY $ SCHEDULED AUTOS V L• (Per person) HIRED AUTOS U MCU"' H�C'L rnLs BODILYINJURY $ NON-OWNED AUTOS i� (� t/ � (Per accident) CJ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE - $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION ANDMIT EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$ A OTHER Professional 024647197* 02/21/10 02/21/11 $1,000,000 Each Claim Liability *Claims Made $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: City of Huntington Beach-As-Needed Professional Testing& Inspection Services CERTIFICATE HOLDER CANCELLATION Ten Qay Notice for Non-Payment of Prgmmum SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1 0_ DAYS WRITTEN Department of Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 2000 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Huntington Beach, CA 92648 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #S56049/M52953 NJAM1 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S56049/M52953 a, ` CITY OF HUNTIN T N BEACH Professional Service Approval Fora PART II Date: 5/5/2010 Project Manager: David Verone Requested by Name if different from Project Manager: same Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART 1 & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:Twining, Inc. 2) Contract Number: PWK 010 028 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 750,000.00 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over$100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? Z Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director of Finance (or designee) Signature Date Jim here is a list of companies for the Professional Testing and Inspection RFP 1. Praad Geotechnical,Inc. 1200 West Commonwealth Avenue Fullerton, CA 92833-2722 PHONE: (714)447-8931 FAX: (714)447-8946 E-MAIL: fullerton@praad.com 2. Ninyo & Moore Irvine 475 Goddard, Suite 200 Irvine, California 92618 Phone: (949) 753-7070 (800) 427-0401, Fax: (949) 753-7071 email address: nmin uiries(a4niUoandmoore.com 3. 'Twining Laboratories Attention:Megan Chambers Corporate Headquarters 2883 East Spring Street, Suite 300 Long Beach, CA 90806 Phone: 562-426-3355 Fax: 562-426-6424 fdeskO), wininglabs.com 4. American Geotechnical Inc. Greg Axten President/CEO Corporate Office: 22725 Old Canal Road Yorba Linda, CA 92887 (800) 275-4436 California Only (714) 685-3900 Out-of-State InfWam com 5. GMU Ge®technical, Inc. 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 P: 949.888.6513 F: 949.888.1380 Gary Urban PE, GE President Principal. Geotechnical Engineer Gurban(&,,gmugeo.com 6. Leighton Gail Thomas Caroline Portillo Administrative Assistant 17781 Cowan Irvine, CA 92614 (949)250-1421 gthomas(a.leightongroup.com 7. Tait Environmental Management Steve Mulligan 701 North Parkcenter Drive Santa Ana, CA 92705 714 560-8200 smulliganCa)tait.com 8. Smith-Emery Laboratories Attention Robert Greeley 1195 North Tustin Avenue Anaheim, CA 92807 714 238-6133 Rgreeley@smithemery.com 9. P.A. & Associates, Inc. Parviz Azar,RCE 28 edelman Irvine, Ca 92618 949 679-7474 Parviz@paassociates.com r e 10. Harrington Geotechnical Engineering, Inc. Don Jr. Harrington 1938 North Batavia Stret, Suite N Orange, CA 92865 714 637-3093 800 924-7645 dphjrhgei@sbcglobal .net 1 LKleinfelder Ruth Lehmann, PE 8 Pasteur, Suite 190 Irvine, CA 92618 949 727-4466 x219 RlehmannAkleinfelder.com 12.Aesco Technologies, Inc Adam Chamaa,MSCE,P.E., G.E. Engineering Manager Materials Testing& Inspection Geotechnical &Environmental Engineering Services 17782 Georgetown Lane Huntington Beach, CA 92647 714-375-3830 x 1104 714*375*3831 FAX Adam.Cham aa(a-)Aesco Tech.com 13.APA Engineering, Inc 23282 Mill Creek Drive, Suite 160 Laguna Hills, CA 92653 949 770-4429 Apakzad ,a aeng.com 14. Converse Consultants Hashmi S. E. Quazi, Ph. D, G. E. 185 E. Paularino Ave, Suite B Costa Mesa, CA 92626 714 444-9660 hquazi(a�converseconsultants.com City of Huntington Beach a• Y ng ' 2000 Main Street • Huntington Beach, CA 92648 ' OFFICE OF THE CITY CLERK s JOAN L. FLYNN CITY CLERK June 23, 2010 Twining, Inc. 2883 E. Spring St., Suite 300 Long Beach, CA 90806 To Whom it May Concern Enclosed for your records is a fully executed copy of the Professional Services Contract between the City of Huntington Beach, and Twining, Inc. for As-Needed Professional Testing and Inspection Services. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227)