HomeMy WebLinkAboutGAFCON, INC. - Amendment No 1 to Agreement - Consultant and Expert Witness Services - Peck Reservoir Amends Administrative Agreement 6/3/96 Amendment No 2 9/16/96 - 1996-06-03i
14.
Council/Agency Meeting Hold: I- 4/9 7
Deferred/Continued to:
0 Approved P Conditionally Approv d ❑ Denied
City Clerk's S ature
Council Meeting Date: February 18, 1997
Department ID Number: CA 97- 01
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratorG?aP-41
r y3-y7
PREPARED BY: PdAIL HUTTON, City Attorney
SUBJECT: Agreement with GAFCON, expert witness re Peck Reservoir lawsuit
City v. Montgomery Watson, et a!
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysls, Environmental Status, Attachment(s)
Statement of Issue: Whether city should appropriate $3,342.32 for final payment to
GAFCON expert construction consultant to the Peck Reservoir project.
Funding Source: Unappropriated water fund projects - GEW30101.
Recommended Action: Appropriate an additional $3,342.32 for GAFCON's Peck
Reservoir services into account #E-EW-AT-130-4-05-00, as final payment.
Alternative Action(s): Do not appropriate money.
Analysis: GAFCON, a legal support expert had been engaged to assist in our negotiations
and evidence evaluation in our Peck Reservoir lawsuit, City v. Montgomery Watson. The
report and conclusions have been completed; this is the final GAFCON billing.
Environmental Status: N/A
Attachment[s)•
None
It
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 25, 1996
Mr. Yehudi Gallen
Gafcon, Inc.
701 B Street, Suite 1200
San Diego, California 92101
Dear Mr. Gallen;
CALIFORNIA 92648
The City Council of the City of Huntington Beach at the meeting held
September 16, 1996, approved execution of Amendment No. 2 to the Agreement
between the City and Gafcon, Inc., For Consultant and Expert Witness Services.
Enclosed is a duly executed copy of Amendment No. 2 for your records.
Sincerely,
6Z4�'A��
Connie Brockway
City Clerk
Enclosure: Agreement
G : folIox%up: agrmtltr/Gafcon/N o. 2 : j c
(Telephone: 714.536.5227 )
IF
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND GAFCON, INC., FOR CONSULTANT
AND EXPERT WITNESS SERVICES
THIS AMENDMENT is made and entered into the /G day of
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY", and GAFCON, INC., a California corporation, hereinafter
referred to as CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated
June, 1995 entitled "Professional Services Contract Between the City of Huntington Beach and
Gafcon, Inc., for Consultant and Expert Witness Services", and
Since the execution of the aforesaid agreement, CITY has requested additional work
from CONSULTANT and CONSULTANT has agreed to perform or has performed such work;
and
CITY and CONSULTANT wish to amend the original agreement to reflect the additional
work performed or to be performed by CONSULTANT, and the additional compensation to be
paid in consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL WORK
CONSULTANT shall provide services as requested on the City of Huntington
Beach Public Works project hereafter called Peck Reservoir. These services generally will
require evaluation and analysis of proposals, plans, responses and claims of the parties
involved in the construction, repair and rehabilitation of Peck Reservoir.
3/k/gafamnd18/7/96
2. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed hereunder as
described in Section 1 above, CITY agrees to pay CONSULTANT, a time and materials fee
and reimbursement including mark up of fifteen percent (15%), or Forty Thousand Dollars
($40,000).
3. TIME OF PERFORMANCE
The time for performance of the tasks identified in WORK STATEMENT are
generally to be done as shown in the Scope of Services on the Work Program/Project
Schedule. This schedule may be amended to benefit the CITY if mutually agreed by the CITY
and CONSULTANT.
4. EXTRA WORK
In the event CITY requires additional services not included in the WORK
STATEMENT, or changes in the scope of services described in WORK STATEMENT,
CONSULTANT will undertake such work after receiving written authorization from CITY.
Additional compensation for such extra work shall be allowed only if the prior written approval
of CITY is obtained. The City Attorney and Director of Public Works shall provide written
approval.
5. METHOD OF PAYMENT
CONSULTANT shall be entitled to progress payments as billed.
2
3.wgdanmdi8ni96
t'
6. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
original agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers on the date first above written.
GAFCON, INC.
Y�
print nam
ITS: (ale) Chair aNPresidentNi President
print name
IT . (circle one) Secreta hief Financial
icerl sst. Secretary - Treasurer
ATTEST:
City Clerk 9�s�9G
REVIEWED AND APPROVED:
ON
WrA WFAR 4 ful-K
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
REVIEWED, INITIATED, AND APPROVED
AS TO FORM:
' �ity Atto lrney�
31k1&&1w ndr8l7/46
L 1
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND GAFCON, INC., FOR CONSULTANT
AND EXPERT WITNESS SERVICES
THIS AMENDMENT is made and entered into the /G day of , 1996,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY", and GAFCON, INC., a California corporation, hereinafter
referred to as CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated
June, 1995 entitled "Professional Services Contract Between the City of Huntington Beach and
Gafcon, Inc., for Consultant and Expert Witness Services", and
Since the execution of the aforesaid agreement, CITY has requested additional work
from CONSULTANT and CONSULTANT has agreed to perform or has performed such work;
and
CITY and CONSULTANT wish to amend the original agreement to reflect the additional
work performed or to be performed by CONSULTANT, and the additional compensation to be
paid in consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
616111 MLL114 i'Hey'"N:1
CONSULTANT shall provide services as requested on the City of Huntington
Beach Public Works project hereafter called Peck Reservoir. These services generally will
require evaluation and analysis of proposals, plans, responses and claims of the parties
involved in the construction, repair and rehabilitation of Peck Reservoir.
IkIpfamnd/6/7/96
2. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed hereunder as
described in Section 1 above, CITY agrees to pay CONSULTANT, a time and materials fee
and reimbursement including mark up of fifteen percent (15%), or Forty Thousand Dollars
($40,000).
3. TIME OF PERFORMANCE
The time for performance of the tasks identified in WORK STATEMENT are
generally to be done as shown in the Scope of Services on the Work Program/Project
Schedule. This schedule may be amended to benefit the CITY if mutually agreed by the CITY
and CONSULTANT.
4. EXTRA WORK
In the event CITY requires additional services not included in the WORK
STATEMENT, or changes in the scope of services described in WORK STATEMENT,
CONSULTANT will undertake such work after receiving written authorization from CITY.
Additional compensation for such extra work shall be allowed only if the prior written approval
of CITY is obtained. The City Attorney and Director of Public Works shall provide written
approval.
5. METHOD OF PAYMENT
CONSULTANT shall be entitled to progress payments as billed.
2
Vk/gafamndr817196
6. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
original agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers on the date first above written.
GAFCON, INC.
EY
print nam
ITS: (ci�) Chair anlPresidentNi President
print name
IT . (circle one) Secrete hief Financial
icerl sst. Secretary - Treasurer
ATTEST:
City Clerk
REVIEWED AND APPROVED:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
REVIEWED, INITIATED, AND APPROVED
AS TO FORM: /
A r
' ccity `rney� Vl iyf b
g rJ �4
3/k/gaf•mnd,8/7/96
Council/Agency Meeting Held: - �d /— �
Deferred/Continued to: -zw=ec� e!��p
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re
Council Meeting Date: 5/16/96 Department ID Number: CA 96-15
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminimog
PREPARED BY: AIL HUTTON, City Attorney
SUBJECT: Agreement with GAFCON, expert witness re Peck Reservoir
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Statement of Issue: Whether city should appropriate $40,000 for GAFCON expert
construction consultant to the Peck Reservoir project.
Funding Source: Unappropriated water fund projects - GEW30101.
Recommended Action: Appropriate an additional $40,000 for GAFCON's Peck
Reservoir services into account #E-EW-AT-130-4-05-00.
Approve Amendment No. 2 to Agreement Between the City of Huntington
Beach and Gafcon; Inc., for Consultant and Expert Witness Services.
Alternative Action[s]: Do not appropriate money.
Analysis: GAFCON, a legal support expert has been engaged to assist in our negotiations
and evidence evaluation in our Peck Reservoir activities. Counsel Bill Locher of Gibbs,
Gidden, Locher & Arcet, who is the City's legal representative in this case, estimates that
this amount of appropriation should take care of these services for a year.
Environmental Status: N/A
Attachment[s]:
. ZM � t AlS
G 3y
1. Financial Impact Statement .�.:-`';,:.
2. Amendment No. 2 t« �i3} `eement
sa
Huntington Beach and Gafcon
3. Amendment No. 1 to Agreement,
and its attachments
rn,
/ x
C-r-,
F•
Between the City rof
Inca
Original Agreement
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Michael T. Uberuaga, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 96-53 Expert Witness Fees GAFCON in Connection with
the Peck Reservoir
Date: July 5, 1996
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for Expert Witness Fees GAFCON in Connection with the
Peck Reservoir in the amount of $40,000.
If the City Council approves this request the estimated working capital
of the Water Fund will be reduced to $3,505,009.
obert J. Franz,
Deputy City Administrator
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
June 20, 1996
Mr. Yehudi Gaffen
Gafcon, Inc.
701 B Street, Suite 1200
San Diego, CA 92101
CALIFORNIA 92648
The City Council of the City of Huntington Beach at their meeting held June 3, 1996,
approved execution of the enclosed agreement between the City and Gafcon, Inc., For
Consultant and Expert Witness Services.
Enclosed is a duly executed copy of the agreement for your records.
Connie Brockway
City Clerk .
g=Weteran
{Telephone: 714-536-5227)
•
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND GAFCON, INC., FOR CONSULTANT
AND EXPERT WITNESS SERVICES
THIS AMENDMENT is made and entered into the 20thday of June , 1996,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY", and GAFCON, INC., a California corporation, hereinafter
referred to as CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated
June, 1995 entitled "Professional Services Contract Between the City of Huntington Beach and
Gafcon, Inc., for Consultant and Expert Witness Services", and
Since the execution of the aforesaid agreement, CITY has requested additional work
from CONSULTANT and CONSULTANT has agreed to perform or has performed such work;
and
CITY and CONSULTANT wish to amend the original agreement to reflect the additional
work performed or to be performed by CONSULTANT, and the additional compensation to be
paid in consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL WORK
CONSULTANT shall provide services as requested on the City of Huntington
Beach Public Works project hereafter called Peck Reservoir. These services generally will
require evaluation and analysis of proposals, plans, responses and claims of the parties
involved in the construction, repair and rehabilitation of Peck Reservoir.
3 dgafamnd(1/30196
2. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed hereunder as
described in Section 1 above, CITY agrees to pay CONSULTANT, a time and materials fee
and reimbursement including mark up of fifteen percent (15%).
3. TIME OF PERFORMANCE
The time for performance of the tasks identified in WORK STATEMENT are
generally to be done as shown in the Scope of Services on the Work Program/Project
Schedule. This schedule may be amended to benefit the CITY if mutually agreed by the CITY
and CONSULTANT.
4. EXTRA WORK
In the event CITY requires additional services not included in the WORK
STATEMENT, or changes in the scope of services described in WORK STATEMENT,
CONSULTANT will undertake such work after receiving written authorization from CITY.
Additional compensation for such extra work shall be allowed only if the prior written approval
of CITY is obtained. The City Attorney and Director of Public Works shall provide written
approval.
5. METHOD OF PAYMENT
CONSULTANT shall be entitled to progress payments as billed.
2
3Adg0w=dJ ll30/96
6. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
original agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers on the date first above written.
GAFCON, INC.
By:
Pame N, j. �✓1
t name
ITS: (Spfa" Chairman residen ice President
print name
one) Secreta hiet_Financia
Secretary - Treasurer
ATTEST:
City Clerk
CKAdministrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
REVIEWED, INITIATED, AND APPROVED
AS TO FORM:
qp j 4 City Attorneyr
3
G 0a.16
Council/Agency Meeting Held: 3 4
Deferred/Continued to:
5rApproved ❑ Conditionally Approved ❑ Denied
61 City Clerk's gnature
Council Meeting Date: June 3, 1996
Department ID Number: CA 96-05
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS t
SUBMITTED BY: I ICHAEL T. UBERUAGA, City Administrator 6PA00 '
PREPARED BY: AIL HUTTON, City Attorney, and LES JON irector of Public
4e�w4orks
SUBJECT: Agreement with GAFCON, expert witness re Peck Reservoir
Statement of Issue, Pending Source, Recommended Action, Alternative Actions), Analysis, Environmental Status,
Statement of issue: Whether city should transfer $35,000 from the Water Fund account
for payment to GAFCON, the City's expert construction consultant to the Peck Reservoir
project.
Funding Source: Unappropriated water fund projects - GEW30101
Recommended Action:
1. Appropriate an additional $35,000 for GAFCON's Peck Reservoir services. Into account
#E-EW-AT-130-4-05-00
2. Approve amended agreement with GAFCON.
Alternative Action(s): Do not transfer and appropriate money and do not approve contract
amendment
Analysis: We have engaged GAFCON, a legal support expert to assist us in the Peck
Reservoir negotiations.
We are further requesting an amendment to the existing GAFCON-City of Huntington Beach
Peck Reservoir contract which should take us into either a successful negotiation or through
other alternatives to be presented to Council if negotiations fail.
5-5
*QUEST FOR COUNCIL ACAN
MEETING DATE: June 3, 1996 DEPARTMENT ID NUMBER: CA 96-05
By Resolution No. 6277, expert witnesses are exempt from insurance coverage
requirements. Section F4 of this resolution states: "Persons providing judicial or quasi-
judicial services as independent contractors, such as judges, arbitrators, hearing officers,
expert witnesses, and court reporters shall be exempt from all insurance coverage
requirements. (emphasis added)
Environmental Status: NIA
Attachments):
1. Amendment No. 1 to GAFCON Agreement
2. Financial Impact Statement
3. Copy of prior Agreement with GAFCON re Peck Reservoir
4. Certified copy of Resolution No. 6277 regarding insurance
requirements
DAFCON.DOC -2- 05108196 9:03 AM
•
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Michael T. Uberuaga, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 96-46 Expert Witness GAFCON- Peck Reservoir
Date: May 10, 1996
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for the proposed appropriation of $35,000 for an expert
witness GAFCON in connection with the Peck Reservoir.
If the City Council approves this request the estimated working capital
of the Water Fund at September 30, 1996 will be reduced to
$1,674,000 . /
Robert J. Fran[7,
Deputy City Adminis
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND GAFCON, INC.
FOR CONSULTANT AND EXPERT WITNESS SERVICES
Table of Contents
Section
Page
1
WORK STATEMENT.
1
2
CITY STAFF ASSISTANCE
2
3
TIME OF PERFORMANCE
2
4
COMPENSATION
2
5
EXTRA WORK
2
6
METHOD OF PAYMENT
3
7
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
4
8
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
5
9
WORKERS' COMPENSATION
5
10
INSURANCE
6
11
INDEPENDENT CONTRACTOR
7
12
TERMINATION OF AGREEMENT
7
13
ASSIGNMENT AND SUBCONTRACTING
8
14
COPYRIGHTS/PATENTS
8
15
CITY EMPLOYEES AND OFFICIALS
8
16
NOTICES
8
17
IMMIGRATION
9
18
LEGAL SERVICES SUBCONTRACTING PROHIBITED
9
19
ATTORNEY FEES.
.10
20
ENTIRETY
.10
y
31k1pff6mg5
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND GAFCON, INC.
FOR CONSULTANT AND EXPERT WITNESS SERVICES
THIS AGREEMENT is made and entered into this I day of
1995, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
GAFCON, INC., a California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to provide consultant
and expert witness services in connection with investigation of the Peck Reservoir Project, in
the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
HBMC Chapter 3.03 relating to procurement of professional service contracts has been
complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
WORK STATEMENT
CONTRACTOR shall provide all services as described in the Request for
Proposal, dated May 31, 1995 (hereinafter referred to as Exhibit "Al, which is attached hereto
and incorporated into this Agreement by this reference.
CONTRACTOR hereby designates Mr. Yehudi Gaffen, who shall represent it and be its
sole contact and agent In all consultations with CITY during the performance of this
Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONTRACTOR in the
performance of this Agreement.
Wgaff
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONTRACTOR
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit W 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 the CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be as shown in the Scope
of Services on the Work Program/Project Schedule. This schedule may be amended to
benefit the CITY if mutually agreed by the CITY and CONTRACTOR.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONTRACTOR a time and materials fee not to exceed Five Thousand Dollars
($5,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A", or
changes in the scope of services described in Exhibit "A", CONTRACTOR will undertake such
work after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. CONTRACTOR shall be entitled to progress payments toward the fixed
i
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. Delivery of work project A copy of every technical memo and report
prepared by CONTRACTOR shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such product, CITY
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3/k/gaiI76/7/95
•
shall identify specific requirements for satisfactory completion. Any such project which has not
been formally accepted or rejected by CITY shall be deemed accepted.
C. The CONTRACTOR shall submit to the CITY an invoice for each
progress payment due. Such invoice shall:
'I) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONTRACTOR'$ firm that the work has been performed in accordance with the provisions of
this Agreement; and
completed.
5) For all payments include an estimate of the percentage of work
Upon submission of any such invoice, if CITY is satisfied that
CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with
this Agreement, CITY shall promptly approve the invoice, in which event payment shall be
made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify
CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONTRACTOR is in, or has been Y
brought into compliance, or until this Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by the CITY
shall be invoiced separately to the CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such
time. Such invoices shall be approved by CITY if the work performed is in accordance with the
ilk pff76n195
•
•
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld.
Any dispute between the parties concerning payment of such an invoice shall be treated as
separate and apart from the ongoing performance of the remainder of this Agreement.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS.
CONTRACTOR agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notes, calculations, maps and other
documents, shall be turned over to CITY upon termination of this Agreemen. In the event this
Agreement is terminated, said materials may be used by CITY in the completion of its
investigation or as it otherwise sees fit. Title to said materials shall pass to the CITY upon
payment of fees determined to be earned by CONTRACTOR to the point of termination or
completion, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all
data prepared hereunder.
8. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR shall indemnify and save and hold harmless CITY, its officers
and employees, from any and all liability, including any claim of liability and any and all losses
or costs arising out of the negligent performance of this Agreement by CONTRACTOR, its
officers or employees.
9. WORKERS' COMPENSATION
CONTRACTOR shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State of California, the applicable provisions
of the California Labor Code and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
4
3rklgaiV6nl95
description, including attomeys' fees and costs presented, brought or recovered against CITY,
for or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONTRACTOR under this Agreement.
CONTRACTOR shall obtain and fumish evidence to CITY of maintenance of
statutory workers' compensation insurance and employers' liability in an amount of not less
than $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease,
policy limit.
10. INSURANCE
The requirements for this section were waived by the settlement committee on
June B, 1995.
11. INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be
responsible for any and all payments of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONTRACTOR
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed. hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONTRACTOR'S services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing through the City Attorney, notice of which shall be delivered to
CONTRACTOR as provided herein.
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13. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONTRACTOR to any other person or entity without the
_•, - I . Eel "N�
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.
15. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Govemment Code.
16. NOTICES
Any notices or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as
designated in Section I herein above) or to the City Attorney, as the situation shall warrant, or
by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Services, addressed as follows:
TO CITY:
Gail Hutton, City Attomey
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
6
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TO CONTRACTOR:
Mr. Yehudi Gallen
Gafcon, Inc.
701 B Street, Suite 1200
San Diego, CA 92101
•
r1
17. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
the United States Code regarding employment verification.
18. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY;
and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
19. ATTORNEY FEES
In the event suit is brought by either party to enforce the terms and conditions of
this agreement to secure the performance hereof, each party shall bear its own attorneys' fees
and costs.
REST OF PAGE NOT USED
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.•
20. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers the day, month and year first above written.
GAFCON, INC.
print name
ITS: Ge one) Cheirma esiden ice P
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
i Ga can hurl eqr e,,,� REVIEWED, INITIATED, AND APPROVED
AS TO FORM:
print name
S: (circle one) Secrete hief Financia
ice Asst. Secretary • Treasurer
City Attorney
8
WSW
E
•
EXHIBI
T,.
•
•
gaV@R
May 31,1995
Pmleu Ma+agemenl
trhma: ng
Mr. Joseph Barron
Wow' ng
Deputy City Attorney
ftg'am Mcnayewenl
City of Huntington Beach
conrcacl,an MaMgemenl
2000 Main Street
perebpmerl Ya�ogemen!
Huntington Beach, CA 92648
laga S.;oor'
RE. LEGAL SUPPORT/EXPERT TESTIMONY
• Lewis Jorge vs. City of Huntington Beach - Art Centre
• Peck Reservoir
Dear Mr. Barron:
It was a pleasure to meet you last week. The successful resolution of the two matters hinge on the City
obtaining a thorough understanding of the facts surrounding the disputes. We believe that our firm
possesses the relevant project management and construction experience to undertake and successfully
support you in this task.
I�1 a1 I"VT N,bTaIK 361
Gafcon is a construction consulting firm with West Coast operations headquartered in San Diego
with branch offices in Los Angeles and San Francisco. Gafcon has an extensive and successful
track record of servicing Owners and Developers on all aspects of complex construction projects in
the public and private sectors. Our professional, technical, and support personnel provide quality
management consulting and legal support services to Architects, Owners, Developers, Accounting
and Law firms, Financial Institutions and Public Agencies. Our list of satisfied clients include the
following:
• State of California (22nd DAA) • Bank of America
• San Diego County Water Authority
• County of San Diego
• City of San Diego
• U.S. Corp of Engineers
• Non -Profit Developers
• Rockefeller Foundation
• KPMG / Peat Marwick
• Numerous Home Owner's Associations
• California State University, Northridge
• For Profit Developers
MAIN OFFICE CORONADO LOS ANGELES
701 B Street a Suite 1200 1201 First Street • Suite 210 22300 Devonshire St. a Suite A
San Diego, CA 92101 Coronado. CA 92118 Chatsworth. CA 91311
Tel: (619) 231-6100 Tel: (619) 435-3355 Tel: (818) 772-1433
Fox: (619) 231-6995 Fox: (619) 435.3596 Fox: (818) 772-1532
SAN FRANCISCO
185 Berry Street . Suite 2801
Son Francisco. CA 94107
Tel. (415)979-0495
Fax: (415) 979.WI
0
gaf¢@n
B. LITIGATION SUPPORT
Mr. Joseph Barron
May 31, 1995
Page 2 of 3
We provide expert witness services for construction related cases for both plaintiff and defendant.
We typically testify on:
• Construction Defects - All Trades • Construction Practices
• Standard of Care • Cost of Repair
• Construction Delay Claims Evaluation • Construction Injuries
Enclosed is a list of Gafcon's qualified construction experts along with their areas of expertise, an
excerpt from the April 22, 1995 edition of Verdicts and Settlements that summaries a recent case
which Ted Bumgardner, one of our senior project managers, provided legal support, as well as a
list of Law firms we are currently working with or have recently worked with.
C. CLAIMS INVESTIGATIONS
Current projects include:
Cost of repair and replacement evaluation for all earthquake damage at the California
State University, Northridge campus.
Damage evaluation and cost of repair analysis for several condominium projects in the
Los Angeles area totaling almost 1,000 units.
Damage evaluation of $100M Sony Plaza (Culver City, CA) to establish cause of failure.
D. ESTIMATING SERVICES
Relative to our estimating abilities, we have been recently ranked number one by the County of
San Diego for the estimating of construction work. This was out of a large group of estimating
consultants in the San Diego and Los Angeles areas.
E. COMPLETE CONSTRUCTION PROGRAM MANAGEMENT
Current projects include:
• San Diego Clean Water Program (sub -consultant to Sverdrup Corporation).
• China Basin Landing,700 square foot office rehabilitation, San Francisco.
• New 400,000 square foot San Diego Courthouse facility.
• Five major new facilities projects for the City of Coronado.
7!- • COI'1
F. FEE PROPOSAL
Mr. Joseph Barron
May 31,1995
Page 3 of 3
From our meeting at the project sites and our initial review of the documentation you provided us,
our work will be divided into the following phases:
1. Review of documentation provided including field visits to
collect additional information if available.
2 Interviews of percipient parties on our side of the dispute.
3. Report to City Attorney of facts with recommendation of
future strategy.
4. Implementation of strategy.
Due to the difficulty in predicting the level of effort required in Phases 2 through 4, we propose
that Phase 1 services be done on a time and material basis with a "not to exceed" without prior
authorization of $5,000. Based on our discussion and the information you have provided me I feel
this will be sufficient to cover the level of effort I foresee during this phase of the assignment.
Once we have completed this phase of service we will be able to give estimates for each successive
phase.
Joe, I am excited about the opportunity of assisting the City of Huntington Beach in analyzing the facts
surrounding the above matters. Should you select us, I believe you will find us professional and
ethical, but at the same time creative proponents in pursuing your goals.
Sincerely,
GAFCON, INC.
d
4e udi Gaffer
YG/de
gaf / prpls / 053095.barren
Enclosures: Fee Schedule
Terms and Conditions
Legal Support Personnel
News Article on Gafcon
Legal Support Reference List
Excerpt from Verdicts and Settlements
:upplemenl to Loa Angeles Daily Journal and Son Francisco Daily Journal
BREACH OF CONTRACT
wonstruction Defects
apartment Building
1ERD& Defense Verdict
:ASE/NUMBER: Dale Village Apartment
Company v. Plerl•Debbas, et al. / 663112
;OURT/DATE: San Diego Superior / April 4,
1994
IUDGE: Hon. Kevin Midlam, Dept. 3
kTTORNEYS: Plaintiff - John F. McGuire
(Thorsnes, Bartolotta, et al., San Diego)
Defendant - Barry M. Vrevich (Gibbs,
Eppstelner, et al., San Diego)
'ECHNiCAL EXPERTS: Plaintiff - Robert O'Neill,
petrographer, Murphys; Valentine S. Hoy,
cost estimator, Sari Diego; Thomas R.
Hayes, forensic architecture. Cardiff by the
Sea; John J. Van Houten, acoustics
engineer, Anaheim
Defendant - Ted Bumgardner, construction
practices/cost estimator, San Diego; William
G. Hime, chemical analysis, Northbrook, IL;
Richard A. Snyder, property
management/rental values. San Diego
SETTLE
FACTS & CONTENTIONS: The subject of this
lawsuit was a 300-unit apartment complex
located in Cardiff by the Sea and completed
In October of 1987. The 1989 sale price
was $23,000,000. The Plaintiffs Dale
Village Apartment Company et al., claimed
that there were multiple construction
defects. The sole Defendants for trial were
Aero-Crete, Inc., and Floor Crete Systems of
California, inc.. the Installing contractor for
the Gypsum -based floor fill on the .second
and third floors of the six buildings. at the
project.. Plaintiffs contended that the floor
fill was improperly mixed, provided
Inadequate sound Insulation, was applied in
Insufficient thickness, and exhibited
performance failures of cracking and
dusting. Plaintiffs sought recovery of costs
for complete removal and replacement of all
floor fill at the project, past and future below.
market rental Income loss due to excess
sound transmission, rental Income losses
for project vacancy during repairs, and
Investigative expenses. Defendants denied -
they were negligent In -the mix or. application
of the floor fill and submitted there was
Insufficient evidence of a project -wide
problem with the sound transmission,
thickness or performance of the floor -fill.
Friday, April 22, 1994
Defendants submitted that the past history
of the floor fill repairs at the project
indicated repairs to areas of cracking and
dusting could be made on a site -specific
basis upon unit turnover and neither of
complete removal or replacement nor project
vacancy was required to perform repairs to
any defects in the floor fill. Defendants
further submitted that the project was
renting at market rate for"comparable
properties and that the owners had suffered
no rent loss damages.
DAMAGES: Plaintiffs claimed damages In
excess of $4,900,000; inctuding over
$2.500,000 In costs of repair; over
$1,500,000 In rent loss during repairs;
approximately $850.000 In past and future
below -market rent loss; and approximately
$30,000 in investigative expenses.
Defendants countered with a site -specific
repair estimate of approximately $72,000;
or an attemate cost of repair for complete
removal and replacement of the floor fill,
Including rent loss during repairs, of
approximately $2,400,000.
TRIAL JURY: Length 4 days; Pall not taken;
Deliberation 3 hours.
SETTLEMENT DISCUSSIONS: Defendants
contend they offered $1,000,000 (in
response to the $3,900,000 demand; no
subsequent offer); and Plaintiffs demanded
$3,900,000: reduced to $2,900,000; and
finally reduced to $2,000,000. Plaintiffs
contend their demand was $2,000,000 and
Defendants offered $1,000,000.
�ttn �irgnr+�ttily �rttns�riyf
Real Rstate / Construetion.
TUESDAY, FEBRUARY 8, 1994 213iTH1RDAVENUE S19f232-4981 B-SECTION
QuAe•Torn 'University Included
Construction Projects
Abound For Gaf con Inc.
DyTHOR1IAMIIAH0186 MAN
a soar od y a...waM f r.e wa w
Vilth prgbau ranging from the
Conversion or Ow El Cartel to the
nbuMhq of as many its 16 Call.
&urge&ateUal rrslty,llatthrkgm
bundings damaged by test manWo
samhquaim IM Gafean Ins. non•
suiadko consulting firm hu ma .
only managed go survive, but thrive
durhtg theromedmn. '
Oaken now ha oMAw In San
wogs C.recwd. ind Son ?ran•
dus, and it seen to have an @ghee
IN Las Aageles to oversee
teoanstntghn at Cal State No,
thrbigo, whore akon s team al-
nady bas examined le bulldlaga.
"Ws hen damage et{matan
and repair estimators wwWag
Bevan days a weak an that prgiwt,'
said Yehudl Gaifen. Gaken grin.
dpal.
-In San Dlege, Caftan will
manage the rseonauuCtlen of the
EI Covta into a 119iu+it raidsrn-
Me hotel and its surrounding
buLlatp info 11g madomtolums
and twnhamu.lty udmated u a
Us Mantissapreladt still suhlsd M
City COMMA samplaum amend.
mentarrsdodion.
sapantdy Priday. Ilse board of
the Gatr e City Dovalopment Corp.
gruuad Oafea a Writer, esm.
stroction consulting tenkut
dowatawa. Akan will pnvldt ad.
vice es nooded by CCDC
To redly tattled that the pro.
specto for dewntewa,' Oahe" said
'Year. to rho Canln atr tut
plan, the syanolen of the anven-
am skmter NOW the sports enno
causing up. Thou are exciting pro
Jew
For the asnny, akm& also k
Pr"lNg esnatrudies Manage•
mo, and advice a rnedad an tho
Hall df Mottos brlag aonotruaad
dwntwa. Work an that 44Ii
abut% n 4way, Mkourt (sd8ty
bdrrea Broadway, 4 Union
sad &at* droota — began lot
nor and should be darn 1d April
Md.
TM nenalradim mrnagav Is tat.
valved with ewaoarau Pt*K4 IN
Coronado. Those btehtdo a row
Ctasas,da Polies station, an so-
gheoringamd puWle works (fidlity.
a won carim cis Community Cam.
Ur and a dubhouse for tM'Cor,
aadsOd coma.
Tom Iretatla. Oekon *matter
pie)daaaager, uW des 144 nos.
Ib4 71,E06ognara4bat Coronado
ran" Btaiba with an u4pam
radaprond parking gtrago to in
the &A dalgri alapL basehu
Draw Waea ?ercuaa Is the Pro -
Jot archliott.• Located at the.
southwest earner of Saventh and
Orange strests, eanstructten Is a•
psued to start ha lily orJuer, with
amp4tlen satlmated far UPWM-
bar 1ggS.
'W4 +.rat *mwag IQ Arate tom•
poring far that CamW old Oaf•
Ga.'8a It was a nag kather to our
uR.
Along Ptast stud Aeon from
the Did Parq LaWiaG piano sn
MMWINC shed for the new ROOd d
$i million city enomorint aM
pnbdc servluo huadhtp that 6 tdll
lAthedampdev 6p-"daga.
Tltt site and efts, hart ad berm
ddormhwd for a ose aaealty eater
that my Us built along Olorletto
By Lad u*t ud $3 oLM6i6
TM Arm also W perdding can.
aulting saw Construction m onage-
mee ssevitu fir a S3.8 mAaon,
MOOD-squard.kai dvr lasvas at
the Carwude Golf Course. Can.
strudlou to expected to begla In the
fall, with sompkikn data tee
spring 1919.
To the north Is the A*M"
area d San Bamer" CeuMy.
alien is the anstrudi" manager
Ur the Bann Oaba Dam pfcod
that the UA ArwW Gips of tow
giosess to amtrouting out to a Pal.
vote Wwor.
3lenwhk a1GaL WMr atn,
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active. Dan 84phwwen of Baavem
Rut LteM It the other prladpd
lapkrtklts.
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tempting u mom a sty Aare the
UA B"Amptq Lours to order, Is
faecku on the Biwa cmq" des
valepo watinJamal.
Deeds Cagrn has a 31.114
dory NG eswp,
go islets Ion,16 balsids 1ste cad a
111.eiae hotel dtk.
Tbs Slack c4am ends was
sanMg 4 pawl d u provestles and
notes bengbt b PuWk far
mono farm the ResctetWr 11vut
Corwisightty.
Tbs pod todadad a acts on M
aka In the Benison dowkpsaw
in Chula VW s.Tlen on plasm Ott
up to 2.431 homer, TOOAW pson
Gel of W ustdal spa" amd MAN
pan let d null amd tames•
dd uoss en that preparty.
The pool aka latehrdod aka am
prepsrda owned IW 8umnd 1Ae.
toprkas. Omo of thus Is w IM
downtown Asa Dugalioeb bound!
ad by Ash, Bonds. OslnmMa saes
etas areas. when % S" "WAS%
glysay 01601 bone vet IkamW
.but *never built. Tala an coulna-
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Gnu Asoulcom Dnrlogwood Cn.
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urcs in that NOW Mind 14 W rant
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to the Wad we wan In the 129W
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elolly stable ant bww to wry ao
Info the react dodo.'
0 ATTACHMENT 'B' •
STANDARD TERMS and CONDITIONS
REIMBURSABLE EXPENSES:
In addition to the professional fee, the costs itemized below shall be considered as reimbursable by
the client, shall be billed at cost plus 15%.
• Cables, telexes, telephone calls, telecopier, special samples and other out-of-pocket expenses
incurred in the performance of such services.
• Reasonable transportation and living expenses while traveling from Consultant's office in
California to the project site, subject to approval of Client.
• Use of Consultant's automobile - mileage shall be charged at the rate of $0.30 / mile.
• If travel and living expenses are partly allocable to other projects, the cost of travel and living
expenses shall be prorated accordingly.
• Costs of all blueprinting, photo reproducing, copying, and photography for jobsite surveys.
• Costs of all postage, express shipping, courier services, etc.
Invoices submitted to Client by the loth day of each month are payable to the Consultant by the
30th day of the month. Client shall advise the Consultant of any discrepancy in invoice amount or
format within seven 0 clays from receipt of invoice.
Interest shall be charged at the annual rate of 12% of any uncontested invoices overdue forty-five
(45) days from date of invoice along with a 10% carrying charge.
] 15CELLANEOUS PROVISIONS:
The Consultant accepts responsibility for all professional services provided by him, but will not be
responsible for construction means, methods, techniques, sequences and procedures employed by the
Client or Client's design and engineering consultants and contractors and he shall not be responsible
for the failure of the design consultants, Client's contractors or subcontractors to carry out the work
in accordance with their contracts.
Consultant warrants that it shall perform its professional services in accordance with generally
and currently accepted construction program management principles and practices. This warranty
is in lieu of all other warranties either expressed or implied.
The Consultant shall work under the direction of the Client as an independent contractor. Nothing
herein shall be construed as designating Consultant as an employee or agent of the Client for any
purpose. Client shall indemnify, defend and hold harmless Consultant and its principals, agents
and employees from and against any and all damages, suits, actions claims, costs (including
attorney's fees), and expense directly or indirectly related to Consultant's services provided by
him for the Client.
Gafcon, Inc. Page 1 of 2 Initial
Standard Terms and Conditions
City of Huntington Beach Initial
0 ATTACHMENT V 0
STANDARD TERMS and CONDITIONS
Client agrees that the indemnification provisions shall remain in full force and effect until such
time when all construction work has been completed and all legal actions, suits and claims, if any,
pertaining to the development and construction of this project, have been concluded by court action,
arbitration or settlement.
In the event that litigation or arbitration is necessary regarding this agreement or the rights or
obligations of the parties, the parties agree that the prevailing party shall be entitled to
reimbursement of all court and other costs, including actual attorney's fees, incurred by such
prevailing party, in any amount determined by the court or arbitrator to be reasonable.
Client shall pay the consultant for the performance of the services on a Time/Expense Basis in
accordance with the hourly rates delineated in Attachment 'A' Fee Schedule.
Gafcon, Inc. Page 2 of 2 Initial
Standard Terms and Conditions
City of Huntington Beach Initial
Gafcon, Inc. REFERENCES • 6/1/95
WS
-13% gE r,
r
lephoffd
a_
Yoichi Kitazawa
Tada Development Corporation
(60) 233-9943
517 Fourth Avenue, Suite 402
President
San Diego, CA 92101-3907
Thomas 07Me
City of Coronado
(619) 522-7805
1330 First Street
Director, Project Development
Coronado. CA 92118
Nick Marinovich
County of San Diego, Chief Admin. Office
(619) 694-8906
1600 Pacific Highway
Staff Officer
San Diego, CA 92101-2472
Steve Lucas
California Fair Financing Authority
(916) 263-6100
1111 Howe Avenue, #650
Executive Officer
Sacramento, CA
Andrew Mauro
Del Mar Fairgrounds
(619) 755-1161
2260 Jimmy Durante Boulevard
Deputy General Manager
Del Mar, CA 92014
David Alsbrook
Center City Development Corporation
(619) 235-2200
225 Broadway, #1100
PTjects Director
San Diego, CA 92101-5074
Al Mercer
Center City Development Corporation
(619) 235-2200
225 Broadway, #1100
Senior Planner for Construction
San Diego, CA 92101-5074
Lance Alworth
Right Track Construction
(619) 792-1200
990 Highland Drive, #302
Owner
Solana Beach, CA 92075
Steve Black
The Allen Group
(209) 732-5425
P.O. Box 3028
President
Visalia, CA 93278
Joe LaBreche
Mission West
(619) 235-6471
191, 1 wil M:N'
OrAVI S
Y
ones
Stuart Eppsteiner, Esq.
Gibbs, Eppsteincr & Stagg
(619) 234-1760
750 B" Street, Suite 1200
Partner
San Diego, CA 92 101
Ken Gibbs, Esq.
Gibbs, Gidden, Locher. & Acret
(310) 552-3400
2029 Century Park East, 34 Floor
Partner
Los Angeles, CA 90067
Ted Senet, Esq.
Gibbs, Gidden, Locher, & Acret
(310) 552-3400
2029 Century Park East, 34th Fl.
Partner
Los Angeles. CA 90067
Brian Seltzer, Esq.
Seltzer Caplan Wilkins & McMahon
(619) 685-3003
750 "B" Street. #2100
Partner
San Diego. CA 92101
Peter Garner, Esq.
of Council to
(619) 231-0303
1200 First Interstate Plaza
Solomon, Ward. Seidenwurm, & Smith
401 "B" Street, Suite 1200
Jerrold Solomon, Esq.
Solomon, Ward, Seidenwurm, & Smith
(619) 231-0303
1200 First Interstate Plaza
Partner
401 "B" Street, Suite 1200
F. Sigmund Luther, Esq.
Attorney at Law
(619) 239-0755
450 B Street, Suite 1920
San Diego, CA 92 101
Barry Vrevitch, Esq.
Gibbs, Eppsteirter & Stagg
(619) 234-1760
750 "B" Street, Suite 1200
Attorney at Law
San Diego. CA 92101
Robert Kolodny, Esq.
Kolodny & Pressman
(619) 453-0309
1 t975 El Camino Real, #201
Partner
San Diego. CA 92130
Charles Grebing, Esq.
Wingert, Grebing, Anello & Brubaker
(619) 232-8151
450'B'Street
Partner
San Diego, CA 92 101
Jon Epsten, Esq.
Epsten & Grinnell
(619) 239-1704
555 W. Beech St-, #200
Partner
San Die go,CA 92101
Walter Small, Esq.
Small, Henstridg & Cabodi
(714) 837-5534
2422 Avenida de [a Carlota
Partner
Laguna Hills, CA 92653
Robert Henstridg, Esq.
Small, Henstridg & Cabodi
(714) 837-5334
2422 Avenida de [a Carlota
Partner
Laguna Hills, CA 92653
John Massie, Esq.
Roppe. Massie & Berman
(619) 239-7790
1010 Second Ave, #1500
Partner
San Diego, CA
Dave Dunbar, Esq.
Dunbar & Dunbar
(619) 232-0811
I
101 West Broadway, #400
I
Partner
San Dic o, CA 92-101
•
FEE SCHEDULE
-01 Principal/Director of Operations
$175/hr
-02
Senior Consultant - Building Construction Projects
$125/hr
-03
Senior Consultant - Civil Engineering Projects
$125/hr
-04
Chief Estimator
$125/hr
-05
Senior Cost Estimators
$95/hr
-06
Quantity Surveyors
$65/hr
-07
CPM Scheduling Engineers
$75/hr
-08
Draftsperson
$55/hr
-09 Senior Project Managers
$125/hr
-10 Project Managers - Level I
$100/hr
-11 Project Managers - Level II
$75/hr
-12 Project Engineers
SUPPORT STAFF
$65/hr
-13
Cost Accountant
$65/hr
-14
Computer Time (Including Operator)
$35/hr
-15
Administrative Assistant
$45/hr
-16
Secretary/Clerk
$35/hr
-17
Delivery Service
$20/hr
Expert witness services, including trial preparation, depositions, and court appearances, will be
charged at 1.6 times the rates shown in the above Fee Schedule, with a minimum charge of four
(4) hours for depositions and court appearances per day.
Gafcon, Inc. Page 1 of 1 Initial
City of Huntington Beach Initial
GAFCON, INC LEGAL SUPPORT PERSONNEL &1/95
701 B Street, Suite 1200 San Diego, CA 92101
`6-- - - , ryp.� �,y ... •;,.v�,.. •'APf�%'�SS=.i Y +mty�1 wT' 9 '-Y.i'.ie •?'IF A+.f•N••u•�--�a. '..s.. - -F -
�ire:=^:..:�iK+i' -' - � -. a"Y'x�.:. �`" - �=.• ._-. .. s v. �;�.. �a��
AREA OF,EXPERTLSEti s ,� ��.�; :: ;�,wr
i r _ aw xs.- •, ,3 �°t PROFF�SIONAI> =.ems`• �� k ................. rib. --
NAME :
EXPERIENCE
:a_ ."GENERAL' a
,.. _;
D BUMGARDNER :Construction Practices
;• Site Safety
l• 17 Years Experience with Large General Contractors
': • Floor Fill
E• 5 Years Experience Providing Trial and Deposition Testimony
i • Cost of Repair
;• Vice President and CFO Experience
• StandarddCuc
s• B.S. Whiwnusalln i=,iag
• Schedule Analysis
RAY COX ;Mechanical Systems
;• Coe Analysis
I.45 Years Experience - HVACJCoastruction
•H VAC
• Standard of Care
• Owner of Mechanical Contraetoring Firm for 35 years
*Fire Sprinklers
• Design Errors and Omissions
• PE Licence # CSZ734
•Plumbing
• Design/Build Practice
YEHUDI GAFf4iN ;Construction Practice
;• Entitlements
;• Ig Years Experience - Real Estate Developmcnt/Construction
E• Development Finance
• Founda/Owner of Construction Management Company
;• Construction Management Practice
;• Experiennoe as Project Manager for Developer
EFF HARRIS ;Construction Practice
`• Cost of Repair
'• 14 Years Experience as Chief Estimator/Senior Project Manager for Large General
• Desigri/Build Practice
Contractor who Self Performed Major Trades
:• Cost Engineering
• American Society of Professional Estimators - CPE
• B.S. Business Management. Fina=
;• American Arbitration Association - Member
OM HEUSTIS ;Construction Practice
• Schedule Analysis
;• 30 Years Experience - Owner of a General Building/Contracting Firm
• Site Safety
• Professor of Cotutrttction Management
• Cost of Repair
• City Planner
• Standard of Care
WILL PFLUGII ;Construction Practice
':• Job Planaing/Methods
• 35 Years Experiernce - Project Management, Contract Administration. Estimating.
:Building and Engineering
:-Consututability
; Field Engineering. Defect Investigation. Claims Research and Case Preparation
:Construction
• Job Management/Supervisor
• Contract Continence
ROBERT RANDAL.L ;Engineering Services
• Feasibility Studies
�• 25+ Years Experience; Owner of Accutech Engineering Systems. Inc.; PE - Civil.
;• Distress Evaluation
Geotechnical; Residential and Commercial Dim = Evaluation; Structural Design and
;• Geotechrucal
Development; Foundation (traditional and deep) Design; Forensic Evaluation. Dam and
• Soils Evaluation
WaterStorage Facility Development; Seismic Hazard. Refraction. Rippability and Retrofit;
• Laboratory Testing
; Field Testing and Geologic Retorinaissance
• Seismic Calculations
BOB SPRING :Electrical Building Systems
I• Cost Analysis
• 16 Years Experience in Electrical Construction including Owner of Medium Size
• Standard of Care
Electrical Contracting Firm
:• Design Build Practice
:• 10 Years Experience with Construction Management of Office Interiors and Common At=
Page i of 2
•
GAFCON, INC LEGAL SUPPORT PERSONNEL 64/95
701 B Street, Suite 1200 San Diego, CA 92101
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''NANE ". PECEF1 R7'-XPEIENCEM-00 R-ma
AL STRABIC
':Construction Practiot Construction Management Practice 35 Years Experience in Gamil Contracting
Standard of Care 17 Years Experience as Executive Vice President for Large General Contracting Finns
• Partner in established General Contracting Firm
Lecturer an Scheduling, Estimating and Construction Procedures
• Inactive General Conwamors license
.............................................................
VOHN TIBBITTS
...................... .......... ......... .............. ........... . ............... . .........................................................................................................................................................
:Construction Practice 25 Years Experience
--5Years Experience as Triple A Arbitrator
• Commander U.S. Navy (Civil Engineering Corps.)
• 12 Years Experience as Construction Prc}ect Manager
• licensed Civil Engineer
STEPHEN WILSON
:Roofing Cost of Repair • 19 Years Experience in Roof Insial ation
Waterproofing Standard of Cam 5 Years Vice President and COO Experience
• Estimating Inactive Roofing Contractors License
• Installation 2 Years Experience Providing Trial and Deposition Testimony
0
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Page 2 of2
GAFCON, I[NIC LEGAL SUPPORT PERSONNEL 6t1/95
701 B Street, Suite 1200 San Diego, CA 92101
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.............. .. ............._VR TM
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SPEC
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rED BUMGARDNER
:Construction Practices
I. Site Safety
• 17 Years Experience with Large General Contractors
• Floor Fill
5 Years Experience Providing Trial and Deposition Testimony
-Cost of Repair
• Vice President and CEO Experience
• Standard of Care
B.S. Ambitecuu-al Engineering
• Schedule Analysis
RAY COX
imechanical Systems
Cost Analysis
• 45 Years Experience - HVACAConstruction
-HVAC
• Standard of Cam
Owner of Mechanical Contractoring Firm for 35 years
-Fire Sprinklers
• Design Errors and Omissions
PE Licence S CS2734
-Plumbing
• Design/Build Practice
YEHUDI GAFFEN
:Construction Practice
1- Entitlements
IS Years Experience - Real Estate Development/Construction
• Development Finance
• FounderA)twncr of C=mtruction Management Company
• Construction Management Practice Experience as Project Manager for Developer
JEFF HARRIS
:Construction Practice
• Cost of Rep*
• 14 Years Experience as Chief Estimator/Senior Project Manager for Large General
• Design/Build Practice
Contractor who Self Performed Major Trades
Cost Engineering
• American Society of Professional Estimators - CPE
B.S. Business Management- Finance
• American Arbitration Association - Member
TOM HEUSTIS
7C0nStfUCti0FL Practice
Schedule Analysis
30 Years Experience - Owner of a General Building/Contracting Firin
• Site Safety
• Professor of Construction Management
Cost of Repair
:.City Planner
• Standard of Care
WILL PFLUGH
:!Construction Practice
Job Phuming/MC&OXIs
• 35 Years Experience - Project Management. Contract Administration. Estimating.
:Building and Engineering
• Constructability
Field Engineering, Defect: Investigation. Claims Research and Cam Preparation
::Construction
• Job Management/Supervisor
• Contract Continuence
ROBERT RANDALL
Enginetring Services
• Feasibility Studies
25+ Years Experience; Owner of Accutech Engineering Systems, Inc.. PE - Civil,
Distress Evaluation
Gootedul3cal; Residential and Commercial Distress Evaluation; Structural Design and
• Geotechnical
Development; Foundation (traditional and deep) Design; Forensic Evaluation; Darn and
- Soils Evaluation
I Water Storage Facility Development; Seismic Hazard, Refraction, Rippabilhy and Retrofit;
- Laboratory Testing
Field Testing and Geologic RecormaLuance
• Seismic Calculations
BOB SPRING
:Electrical Building System%
• Cost Analysis
• 16 Yew Experience in Electrical Construction Including Owner of Medium Size
Standard of Care
Electrical Contracting Firm
• Design Build Practice
i- 10 Years Experience with Construction Management of Office Interiors and Common Areas
Connnued on Reverse
0
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GAFCON, INC
701 B Street, Suite 1200 San Diego, CA 92101
LEGAL SUPPORT PERSONNEL
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....,,,AREAzPFD EXPERTISE
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....................'... —........
NAME 4 kEXkEWMC
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AL STRABIC ?Construction Practice Construction Management Practice 1- 35 Years Experience in General Contracting
• Standard of Care 17 Years Experience as Executive Vice President for Large General Contracting Finns
• Partner in established General Contracting Firm
Lecturer on Scheduling. Estimating and Construction Procedures
Inactive General Contractors license
............................................................. .............................................................. ............................................................. ........................................................................................................................... .............. ..............
JOHN'nBBITTS iConstruction Practice
25 Years Experienoc
• 5 Years Experience as Triple A Arbitrator
Commander U-S. Navy (Civil Engineering Corps.)
• 12 Years Experience as Construction Project Manager
i. Uccnsed Civil Engineer
STEPH WILSON ::Roofing Cost of Repair • 19 Years Experience in Roof Installation
,:Waterproofing
Standard of Care 5 Years Vice President and COO Experience
Fstimating • Inactive Roofing Contractors License
Installation • 2 Years Experience Providing Trial and Deposition Testinwny
0
Page 2 of 2
• •
A 0 CITY OF HUNTINGTON BEACH
Le" INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To: SETTLEMENT COMMITTEE
From: JOSEPH BARRON, Deputy City Attorney
Date: June 8, 1 995
Subject: WAIVER OF INSURANCE, GAFCON
I hereby request that the insurance provisions of the professional services
contract requirements be waived in the case of GAFCON, a legal support expert
testimony service that we are hiring for expert case evaluation in the Peck
Reservoir Project case.
DATED: k
DATED:
DATED.
RESOLUTION NO. 6277
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH REVISING
RESOLUTION NO. 6023 AND ESTABLISHING INSURANCE
AND INDEMNITY:11REQUIREMENTS FOR CONTRACTORS, PERMIT
APPLICANTS, AND PROFESSIONAL SERVICES CONTRACTORS
WHEREAS, there are persons and organizations performing
services in and for the city ("CONTRACTORS"), permit holders
("PERMIT HOLDERS"), and design, engineering, and other professional
consultants ("PROFESSIONAL SERVICES CONTRACTORS") who are engaged in
various activities in the city, thereby subjecting the city to
substantial risk of liability for damage to property and injury to
persons; and,
The city desires such persons and organizations to maintain
insurance naming the city, its officers, and employees as additional
insureds, and indemnifying the city from loss; and,
The city desires to establish liability, workers'
compensation and employers' liability insurance requirements for
such persons and organizations, and, in appropriate cases, a
procedure for the waiver thereof; and,
The city desires to establish internal staff responsibility
for the administration of the insurance required by this Resolution
and delineate the authority to make adjustments to requirements
based upon unique and unusual circumstances.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the insurance coverage and indemnity
required of all CONTRACTORS, PERMIT HOLDERS and PROFESSIONAL
SERVICES CONTRACTORS, shall be as follows:
-1-
• 0
SECTION I. INSURANCE AND INDEMNIFICATION RE,QUIREMENTS_FOR___
ONTRA TORS PRQFESSIONAL SERVICES CONTRACTORS AND
PERMIT HOLDERS
A. DEFINITIONS•
1. CONTRACTORS and PROFESSIONAL SERVICES CONTRACTORS
are any persons or entities who contract with the
city and/or provide goods or services to the city.
2. PERMIT HOLDERS are those persons or entities who
make application to the city for any:
a. building permit for work involving the
public right of way (see Section II in all
other cases),
b. use of or encroachment upon any public
street, waterway, pier, or city property.
B. COVERAGE REQUIRED
1. General Liability
a. Combined single limit bodily injury, and
property damage, including completed
opera ons liability and blanket
contractual liability and, where products
are furnished products liability: Minimum
limits of $1,000,000 per occurrence.
b. 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 and the policy holder shall
6277
-2-
give the city notice of any known depletion
of limits.
C. Claims made policies are not acceptable,
except that claims made insurance for
pollution liability shall be acceptable.
d. Any self --insured retentions shall not
exceed $15,000 unless approved by the
Claims Settlement Committee.
2. Workers' Compensation and Employers' Liability
In accordance with the applicable state statutes
with limits in the case of employers' liability
in amounts not less than:
a. $100,000 bodily injury by accident, each
occurrence, AND
b. $100,000 bodily injury by disease, each
employee, AND
C. $250,000 bodily injury by disease, policy
limit.
3. Professional Liability Insurance
a. Coverage. PROFESSIONAL SERVICES
CONTRACTORS providing professional services
to the.city shall provide evidence of
professional liability insurance in amounts
covered:
i. as required by individual contract; or
ii. a minimum of $500,000 per occurrence
and in the aggregate.
b. Claims made policies are acceptable.
-3- 6277
C. CERTIFICATE OF INSURANCE
1. Form
Evidence of insurance coverage and limits
required by the city shall be furnished to the
city on the "Accord" or .similar form approved by
the City Attorney.
2. Approval of Certificate
Prior to commencement of any work or the issuance
of any permit, certificates shall be approved by
the City Attorney.
3. Additional Insured Endorsements
Except as provided in Section F.3, a separate
copy of an additional insured endorsement to each
contractor's liability policy, naming the city,
its officers and employees as additional
insureds, shall be provided to the City Attorney
for approval prior to any payment to a CONTRACTOR.
4. Cancellation
All endorsements and certificates shall provide
for a 30-day written notice of cancellation to
the city.
D. INDEMNITY
1. CONTRACTORS and PERMIT HOLDERS, as defined in
Section I.A.2 (a) and (b) above, shall be
required to indemnify city, its officers and
employees from liability, pursuant to the city's
indemnity agreement attached hereto and
incorporated herein by'this reference as Exhibit
"A".
-4-
6211
2. PROFESSIONAL SERVICES CONTRACTORS shall use
Exhibit "B" also attached hereto and incorporated
by this reference.
3. Bids
Each invitation to bid shall include the approved
indemnity form as a part of the bid package.
E. WAIVERS
1. Waiver by -Council.
The city may, by contract approved by the City
Council, modify or waive any and all of the above
requirements in appropriate cases upon the
recommendation of the City's Risk Manager and
Administrator.
2 . Privately Funded Contracts,
The Claims Settlement Committee, upon
recommendation of the City Administrator, may
modify or waive requirements for workers
compensation and employers' liability and
professional liability insurance coverage in
privately funded professional services contracts
exempted by HBMC §3.03.110.
3. waivers of Professional_Liabi_lity_Insurance._
PROFESSIONAL SERVICES CONTRACTORS desiring a
waiver of professional liability insurance,
including the limits of coverage and deductible
amount, shall submit an application for waiver to
the City Attorney. The Committee may reduce the
limits of coverage for design defects of public
_6� 6277
works contracts only on the recommendation of the
City Attorney and Director of Public Works. The
application shall be reviewed and granted or
denied by the Claims Settlement Committee.
Applications shall contain the following
information:
i. a description of the work to be
performed;
ii. the cost of professional liability
insurance with proof attached
thereto;
iii. the availability of insurance to the
PROFESSIONAL SERVICES CONTRACTOR; and
iv, the claims history of such
PROFESSIONAL SERVICES CONTRACTOR.
F. EXCEPTIONS:
1. Products liability coverage shall not be required
of any PROFESSIONAL SERVICES CONTRACTORS.
2. Persons or organizations selling goods only to
the city shall be required to meet all insurance
requirements, except where the city receivers
delivery at the place of sale or by common
carrier in which case only products liability
insurance shall be required.
3. Additional Insured Endorsements:
a. Shall not be required for professional
liability; and
-6- 6277
b. In the case of all other contractors,
endorsements may be deferred for a period
not to exceed 60 days based upon immediate
need as recommended by the department
director and approved by the Risk Manager
in which case the certificate of insurance
shall be accepted without a separate
endorsement during such 60 day period.
4. Persons providing judicial or quasi --judicial
services as independent contractors,'such as
judges, arbitrators, hearing officers, expert
witnesses, and court reporters shall be exempt
from all insurance coverage requirements.
SECTION I1. BUILDING ,PERMIT _.APPLICANTS -WHERE NO WORK IN THE PUBLIC
RIGHT OF WAY IS INVOLVED
Applicants for private building permits, where -no work
in the public right of way is involved, shall be
required to provide Workers' Compensation coverage only
as specified in Section I.B.2 above.
-7- 6277
r-I
L-A
RESOLUTION 6023 and all other RESOLUTIONS in conflict
herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting th of, held on the 20TH day
o f May 1991
ATTEST:
C/
6:0-' Z6
City Clerk
APPROVED AS TO CONTENT:
�i%/�� ,
rri
i
EPARTMENT:
Revised May 28, 1991
Mayor
APPROVED AS TO FORM:
e-411- 1109'7y�y
ct�ftAtt.Q
%Zgl�!%
^$_ 6277
EXHIBIT "A"
TO RESOLUTION NO. 6277
INDEMNIFICATION. DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and
hold and save harmless CITY, its officers, and employees against any
and all liability, claims, judgments, costs and demands, however
caused, including those resulting from death or injury to
CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising
directly or indirectly out of the obligations or operations herein
undertaken by CONTRACTOR, including those arising from the passive
concurrent negligence of CITY, but save and except those which arise
out of the active concurrent negligence, sole negligence, or the
sole willful misconduct of CITY. CONTRACTOR will conduct all
defense at its sole cost and expense. CITY shall be reimbursed by
CONTRACTOR for all costs or attorney's fees incurred by CITY in
enforcing this obligation.
-9- 6277
EXHIBIT "B"
TO RESOLUTION NO. 6277
PROFESSIONAL SERVICES CONTRACTORS shall indemnify and save
and hold harmless CITY, its officers and employees, from any and all
liability, including any claim of liability and any and all losses
or costs arising out of the negligent performance of this agreement
by PROFESSIONAL SERVICES CONTRACTORS, its officers or employees.
-10- 6277
•
Res. No. 6277
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular
meeting thereof held on the 20th day
of May 19 91 , by the following vote:
AYES: Councilmembers:
MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
The foregoing instrument is a correct
copy of the original on file in this office.
,Attest
�h L� Ig 9
City Cietk and Ex-officio Cierk of the City
,Council of the City of Huntington Beach,
lCaliforn
r '
City er and ex-o icio"Clerk
of the City Council of the City
of Huntington Beach, California
t
•
Council/Agency Meeting Held: 4 —ri
kDeferred/Continued to: A t�
*pproved—U-C Ily Approved 0 Denied
City Clerk's Si nature
Council Meeting Date: May 6, 1996
Department ID Number: CA 96-05
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ME
0&fnt4S---
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrate
PREPARED BY: GAIL HUTTON, City Attorney, and Les Jones, Director of Public
Works P
SUBJECT: Agreement with GAFCON, expert witness re Peck Reservoir
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Whether city should transfer funds from Art Center project contract
with GAFCON, our expert construction consultant to the Peck Reservoir project, appropriate
additional funds to the Peck Reservoir project contract and amend the contract with
GAFCON.
Fundinci Source: Unappropriated water fund projects - GEW30101
Recommended Action: 1. Approve transfer of $10,000 from appropriation for GAFCON's
Art Center Consultant contract to the Peck Reservoir project. P.O. #219606
2. Appropriate an additional $25,000 for GAFCON's Peck Reservoir services. Into account
#E-E W-AT-130-4-05-00
3. Approve amended agreement with GAFCON.
Alternative Actions : Do not transfer and appropriate money and do not approve contract
amendment
Analysis: We have engaged GAFCON, a legal support expert to assist us in both the Art
Center litigation and the Peck Reservoir negotiations. We have approximately $13,692.47
left in the Art Center appropriation for GAFCON. There is one minor task remaining for
GAFCON on the Art Center project, a summary report on the project. We are requesting
that $10,000 of that account be transferred to the Peck Reservoir GAFCON account and an
additional $25,000 be appropriated to the Peck Reservoir account for GAFCON's service .
4
REQUEST FOR COUNCIL ACT41IN
MEETING DATE: May 6, 1996
DEPARTMENT ID NUMBER: CA 96-05
We are further requesting an amendment to the existing GAFCON-City of Huntington Beach
Peck Reservoir contract which should take us into either a successful negotiation or through
other alternatives to be presented to Council if negotiations fail.
By Resolution No. 6277, expert witnesses are exempt from insurance coverage
requirements. Section F4 of this resolution states: "Persons providing judicial or quasi-
judicial services as independent contractors, such as judges, arbitrators, hearing officers,
expert witnesses, and court reporters shall be exempt from all insurance coverage
requirements "(emphasis added)
Environmental Status: NIA
Attachment(s):
1. Amendment No. 1 to GAFCON Agreement
2. Financial Impact Statement
3. Copy of prior Agreement with GAFCON re Peck Reservoir
4. Certified copy of Resolution No. 6277 regarding insurance
requirements
GAFCON.DOC -2- 04/11/96 3:24 PM
r' e .
FOB
CITY OF HUNTINOTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Michael T Uberuaga City Administrator
FROM: Robert J. Franz, Deputy City Administrator
SUBJECT: Requested Funding For Additional Legal Services
Associated With The Peck Reservoir Renovation
r F.I.S. 96-21
�y
DATE: February 6, 1996
As required by Resolution 4832, a Fiscal Impact Statement has been prepared
for the proposed appropriation of $25,000 to allow for the funding of additonal
ouside legal support directly related to the Peck Reservoir Renovation project.
Upon approval of the City Council, the balance of the unaudited, undesignated
Water fund would be reduced to $254,000.
ROBERT J. FRANZ
Deputy City Administrator