Resolution No. 7847f ( a �
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RESOLUTION NO. 7847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF AN
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY
AND BETWEEN THE CITY OF VERNON AND KLEINFELDER,
INC. FOR DIESEL RELEASE REMEDIATION
WHEREAS, the City of Vernon needs the services of a
consultant as soon as possible to perform soil and groundwater
remediation for a subsurface diesel fuel release (hereinafter referred
to as "Diesel Release Remediation") at the City's power plant located
at 2715 East 50th Street in Vernon (the "Site"); and
WHEREAS, the Utilities Department sought and obtained a
proposal from Kleinfelder, Inc. for the Diesel Release Remediation; and
WHEREAS, Kleinfelder, Inc. has provided services to the City
in the past relating to geotechnical investigation of the Site; and
WHEREAS, the Utilities Department has advised that the
proposal from Kleinfelder, Inc. was reasonable and that, based upon its
prior work at the Site, Kleinfelder, Inc. should be able to more
efficiently and effectively provide the Diesel Release Remediation
services now required by the City; and
WHEREAS, in order to meet the urgent need to proceed with
the Diesel Release Remediation on October 9, 2001, the City
Administrator executed the Agreement for Professional Consulting
Services with Kleinfelder, Inc. subject to ratification by the City
Council; and
WHEREAS, by letter dated October 11, 2001, Bruce V.
Malkenhorst, the City Administrator/City Clerk, recommended that the
Agreement for Professional Consulting Services with Kleinfelder, Inc.
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for Diesel Release Remediation services be accepted and ratified; and
WHEREAS, the City Council desires to approve and ratify the
Agreement for Professional Consulting Services as executed by the City
Administrator; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of Subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to proceed with the Diesel Release Remediation process and
to enter into an agreement with Kleinfelder, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and ratifies the Agreement for Professional Consulting
Services with Kleinfelder, Inc., a copy of which is attached hereto as
Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
ratifies the execution of the Agreement by the City Administrator on
behalf of the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of October, 2001.
ATTEST:
IBRUCE V. MALKENHORST, City Clerk
LEONIS C. MALB RG, May r
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7847, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, October 17,
2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
EXHIBIT
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r
AGREEMENT FOR'PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as
the original hereof for all purposes, as of this 0A day of October,
2001, in the City of Vernon, California
BY AND BETWEEN THE CITY OF VERNON, (hereinafter
referred to as "the City")
4305 Santa Fe Avenue
Vernon, California 90058
AND KLEINFELDER, INC. (hereinafter
referred to as "Consultant")
620 West 16th Street, Unit F
Long Beach, California 90813
RECITALS
WHEREAS, the City desires to perform soil and groundwater
remediation for a subsurface diesel fuel release (hereinafter referred
to as "Diesel Release Remediation") at the City's power plant located
at 2715 East 50th Street in Vernon, California (hereinafter referred to
as "the Site"); and
WHEREAS, the City desires to retain Consultant for the Diesel
Release Remediation services hereinafter described; and
WHEREAS, Consultant submitted a proposal to the City dated
October 1, 2001 and identified as Proposal. No. 58-9.742-01 (hereinafter
referred to as "the Proposal"), which includes a description of the
proposed services and a cost of the services; and
WHEREAS, Consultant represents that it is qualified to
perform such services under this Agreement for Professional Consulting
Services (hereinafter referred to as "the Agreement"); and
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WHEREAS, the City desires to retain Consultant for the
services hereinafter described.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
I. SCOPE OF Services.
Consultant shall perform services as outlined in the
Proposal, a copy of which is attached hereto as Exhibit "A" and made a
part hereof by reference. It is understood and agreed that in the
event of a conflict between the Proposal and this Agreement, the terms
of this Agreement shall prevail.
II. TIME OF PERFORMANCE.
Consultant's services herewith shall commence upon signing of
this Agreement and shall be completed according to the Proposal, unless
terminated or extended.
III. COMPENSATION.
1. Services. The City shall compensate Consultant
for actual effort expended on a time -and -materials basis in accordance
with the fee schedule set forth in the Proposal. The total
compensation shall not exceed Seven Hundred Fifty -Two Thousand Five
Hundred Seventy -Five Dollars and No Cents ($752,575.00).
2. Expenses. Expenses may billed but only if
given advance approval in writing by the City Administrator.
IV. METHOD OF PAYMENT.
Within thirty (30) days after the last day of any month in
which services have been performed or costs incurred hereunder,
Consultant shall submit an invoice to the City stating the amount due
Consultant. Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days.
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1 V. CHANGES AND EXTRA SERVICES.
2 The City reserves the right to request changes in the
3 services to be performed by Consultant. All such changes shall be
4 incorporated in written change orders executed by the City and
5 Consultant that shall specify the changes ordered and the adjustment of
6 compensation and completion time required thereof.
7 Any services added to the scope of this Agreement by a change
8 order shall be executed under all applicable conditions of this
9 Agreement. No claim for additional compensation or extension of time
10 shall be recognized unless contained in a duly executed change order.
11 VI. CONFIDENTIAL INFORMATION.
12 1. Access to Confidential Information. The City may
13 provide Consultant with certain information not legally subject to
14 public disclosure concerning the City, or businesses located in the
15 City. Such information shall be known as "Confidential Information."
16 2. No Disclosure. Except as expressly permitted,
17 Consultant shall not disclose, permit the disclosure of, release,
18 disseminate, or transfer, whether orally or by any other means, any
19 part of such Confidential Information to any other person or entity,
20 whether corporate, governmental, or individual, without the express
21 prior written consent of an authorized representative of the City.
22 Consultant shall return any written Confidential Information, and all
23 copies made of such items, to the City upon the City's written request,
24 but in any event not later than the date that Consultant has performed
25 all services to be performed pursuant to this Agreement. Consultant
26 hereby agrees that such Confidential Information and any documents
27 provided may be used by Consultant only as authorized by the City.
28 Consultant shall take reasonable measures to avoid any disclosure of
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any such Confidential Information to any unauthorized person.
3. Court Ordered Disclosure. Consultant shall
immediately notify the City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with the
City's legal counsel in responding to any such order or subpoena.
Consultant may only disclose such Confidential Information after legal
counsel has exhausted any lawful and timely appeal or challenge.
4. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent jurisdiction
against any breach or threatened breach of the Confidential Information''
provisions of this Agreement. Consultant acknowledges that in case of
such breach or threatened breach, the City would have no adequate
(remedy at law.
VII. INDEMNITY AND INSURANCE.
1. Indemnification of City. Consultant shall
indemnify, defend, protect and hold.the City and its officers, agents
and employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders, judgments and all costs of defense to the extent arising,
directly or indirectly, in whole and in part, out of the negligent
services.or willful misconduct performed under this Agreement, except
to the extent arising from or caused by the sole active negligence or
willful misconduct of the City, its officers, agents or employees.
2. Insurance. Prior to commencing work hereunder,
Consultant shall provide the City with proof of insurance providing and
maintaining the coverage and endorsements set forth in the Insurance
Schedule attached hereto as Exhibit "B" and made a part hereof by
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reference. Said proof of insurance shall also provide that said policy
or policies shall not be canceled or reduced in liability limits
without giving at least thirty (30) days prior written notice to the
City.
VIII. GENERAL PROVISIONS.
1. Independent Contractor. At all times during the
term of this Agreement, Consultant shall be an independent contractor
and shall not be an employee of the City. The City shall have the
right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however,. the City shall
not have the right to control the means by which Consultant
accomplishes services rendered pursuant to the Agreement except to the
extent that such services involve the use of City property or
(Confidential Information.
2. Consultant Not Agent. Except as the City may
specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
agent. Consultant shall have no authority, expressed or implied,
pursuant to this Agreement to bind the City to any obligation
whatsoever.
3. PRODUCTS OF CONSULTING.
a. All products of consulting services with the
exception of computer software developed by Consultant, shall become
the property of the City and the original copies shall be delivered to
the City before the end of the performance of this Agreement. Copies
of all vicinity maps and site plans, boring logs, daily field summary
reports, field memoranda, field and laboratory test results, and final
reports shall be made available to the City. Computer software shall
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1 remain the property of Consultant, except for the City's continued
2 right to use said software at no extra cost.
3 b. All samples shall remain the property of the
4 City, and ,the City shall promptly at its cost remove and lawfully
5 dispose of samples, cuttings and hazardous materials, unless otherwise
6 agreed to in writing. If appropriate, Consultant shall preserve
7 samples obtained for the project for not longer than sixty (60) days
8 lafter the issuance of any document that includes the data obtained from
9 those samples.
10 C. Consultant will dispose of the drummed soil
11 material following explorations and after the material in the drums has
12 been profiled through chemical testing. The disposal will be conducted
13 in accordance with any and all state and federal laws and regulations
14 1pertaining to the removal, hauling, and disposal of soil contaminated
15 with hazardous substances.
16 4. Assignment and Subcontracting Prohibited.
17 Consultant may not assign or subcontract any right or obligation
18 pursuant to this Agreement except with the express written consent of
19 the City. Any other attempted or purported assignment of any right or
20 obligation pursuant to this Agreement shall be void and of no effect.
21 5. Termination. This Agreement may be terminated by
22 the City without cause on ten (10) days written notice to Consultant.
23 Consultant shall be entitled to the compensation earned by it prior to
24 the date of the termination notice, plus compensation for work
25 performed during the ten-day notice period and authorized in the
26 termination notice.
27 6. Notices. Notices to the parties, unless
28 otherwise requested in writing shall be sent to the addresses listed on
1 the first page of this Agreement.
2 7. Entire Agreement. This Agreement is the entire
3 agreement of the parties. Consultant represents that in entering into
4 this Agreement, it has not relied on any previous representations or
5 understandings of any kind or nature.
6 8. Governing Law. The validity, interpretation and
7 performance of this Agreement shall be controlled and construed under
8 the laws of the State of California.
9 IN WITNESS WHEREOF, City and Consultant have executed this
10 Agreement by and through their authorized officers as of the date first
11 hereinabove set forth.
12 CITY OF VERNON
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By:
14 BRUCE V. MALKENHORST
City Administrator/City Clerk
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16 APPROVED AS TO FORM:
17 Z-'
EDUARDO OLIVO, City Attorney
18
19 EINFELDER, INC.
20 By:
21 Name: CaE�9�
22 Title:
23 ,
24 By:
25 N e: e
26 Title: F�
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EXHIBIT A
OCT-02-2001 TUE 07:02 PM EDUARDO OLIVO
10/02/01 Tt7 11:21 F 325 826 1425
October 1, 2001
Project No. 53-9142-01
Mr. Otis Smith, PE
City of Vernon
Utility Department
4305 Santa Ft Avcnuc
Vernon, California 90058
FAX NO. 1
CITY OF VERNON utilities
Subject: Cost Proposal for Diesel Release Remediation
Version Power & Light
2715 Eagt 50` Street
Vernon, California
P. 03
Q 002
Via Fac ' i1e
(323)589-9490
Dear W. St»itho
In response to Venjon power & Light's request, lticinfclder, release at
Inc, is pleased to submit this
proposal to perform sot 1 and groundwater115 Eudt 50` Street in Vernon, Califom afueiThio cost
Vernon power s Light's power plan
proposal outlines the scope of work described in more detail in the Draft Site Rcrncdiation
Plan for the subject site.
Ottr cost proposal is based on the assumption that removal of free -phase product and the removal
of shallow tmpacted soil will be adequate for at the oYetsiglinterface haIt ve no tbeen est bhshcd.o Issue sitc e Wo have
Gleattup levels for soil illipacted at the etto assumed that the free product will bell be ved to a removed��to a heen. More stxingeRo IC2 a• socia if
Nelms. 1 f feasible, the product will be
required by the lead agenaY. raaY result in supploaaental Yesnedial technologies with associated
costs and delay tie time for site alosu
COST PROPOSAL
Task 1— Permitting and Notification
• procure grading/excavatiou permit for site activities
« provido Cal -OSHA notification for excavation
• Provide USA notification for utility clearance
Provide SCAQMD Demolition Notification
obtain temporary electrical constntction permit
Tsgk 2 —Asbestos and Lead Paint Survey
Collect up to 15 nsbest" smnples
• Collect up to 3 lead paint scruples
• Survey building for Lead paint using a XRF iustrtunont
Prepare report
—1- October 1, 2001
58974201158191'Pxxx
(`npyi,6t2001 Kkinfolda. UW
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OCT-02-2001 TUE 07:03 PM EDUAMO OLIVO FAX Nc0,
Itn/02/01 Tt . 11:23 FAX 329 826 142A CITY OF VERNON Utilities
Task 3 — Cone Penetrometer Survey Gcosciances
the ROST m tem provided by Rum • perform a one-d.�y CPT swvey using �
• Provide relative Site elevation control for survey pointston'of the perimeter groundwater m
oundwatct collection trench syste
• Evaluate data for implementa
Task 4 — Mobilize Fiquipment and Site Preparation
Mobilize equipment and personnel for on trcn� system 9f the groundwater collection
treatment system and the perimeter colle
Task 5 — Demolition or Pnmg House and 1,000 Harrel AST
a Demolish existing concrete pump house
Transport and recycle aasoc aloe steel, pumps, and other ferrous/nonferrous material
le concrete debns from footings, foundations and surrounding
Load, transport and recyc truck loads
concrete surfaces— assume a total of throe end dump
• Profile, load, transport;
and dispose of four end dump loads (80 tons) of concrete with lead
paint surface to Class l hazardous halt sulciaceaste ll as tnattr►al ((�lvdes existing sCalifornia tockpiled d t teak
a Kmovte, transport and recycle asphalt _
• Pressure wash interior, surface o ds, 0 barrel
prior to mob lizah'on) storage tank
Will be emptied of all liquids/soh Y routidwater treatment unit
Pules rnsate in }Baker tank for processing through 8
Demolish and recycle AST
inment walls, and associated footings/foundations
Demolish and recycle concrete slab, eont3
associated with AST
• Cut and cap sewer connections associated with pump house
Task 6 W Installation of Groundwater Treatment Compound
install tempos ffy electrical from existing power source to treatment compound— assumed to
be within 50 feet of the proposed treatment compound
Provide and install temporary power Poles and wiring for connections to treatment control
panel ctional treatment system
provide electrical connections for a fully fun
• Install a 375 sf, 5-inch thick eoncrcta pad at treatment compound one 1 12-ft wide
• install 8o if of 6-ft high chain link fencutg w/privacy slats, including
svin&4 gate 40 si, 1.5 HP single phase motor, NEMA 4 panel Wide
• Install one (1) pump skid, b0 gptn, with stainless basket
on/off, high -high, high -low, low -laws r laud d)0 i�inteiconn�mtm� scht so PVC withitxPUMP
(box of twenty-five 2S-micron. b g
skid
• Install two (2) 2,0001
liquid
hale carbon
r inch m rbers, Milled with 2,000 pounds (�•)
bottom vessels with inch ml
virgin 8x30 coal based liquid phase activated carbon a tank, oil storage, and untreated
• Install three (3) 5,000-gallon, open -top Baker tanks hi h-low, low -low level switches (rental
water storage -- surge tank equipped with high�lnigln, high
-low,
uupp to 6 months included)
• install parallel plate oi1/water separator, rated at 40 gpm, with NEMA 4 control panel, auto
on/auto off oil pump control (rental up to six months)
Install flexible interconnecting hoses for carbon adsorbcrs
• provide ?-inch diameter pipe connection from influent header manif°ld to treatment
compound
October 1, 2001
5897 4201/58191 Pxxx
copyriKht2001 WC10cIder. [tic.
OCT-02-2001 TUE 07:03 PM EDUARDO OLIUO
FAX N0. 1 P. 05
to/o2/01 TUN il, c2a JP&.,225 826 1423 CITY OF VMNON Utilities
Qaoa
p_xcavate and il,stall 75 feet of Schedule 40 PVC piping with flow totalizer for effluent
discharge to sanitary sewer
Backfilt and compact effluent pipe trench with select sand and resurface to match existing
lZradc o plete electrical and mechanical connections for fiinctional system operation
Task 7 - installation of Groundwater Recovery Treneh
2 5 ft wide, 367 ft length), to a depth of 40 feet below grade
Excavate a eollcctiotl trench (• -
Trench will be installed is four
s oiisoneitte � foclatcr rouse asl�l Wil aand/ou offssiite recycling
• Segrogate and stockpiletry p
(as appropriate)
• Place blopolymcr liquid in trenr� n, duringexcavation orated Schedule 40 PVC piping laterally
• Install coarse grained sand bed tr
011 sand bedding
• Complete backfill of trench with coarse grained sand to gee
Transfer BP solution to Baker tank and pretreat with enzyme prior to processing th�augh
groundwater treatment unit
• Install five (5) 40-root vortical risers 1/3 using Schedule
Single phase, 230y down --hole uniform tpumps with
Install five (5) Grunfos rOS03 ,
electrical leads, control box and P � well Pumps
to treatment compound
Install electrical conduit and wiring P p
T nsk 8 — Excavation and Stockpiling of Soil
• Excavate 5,8115, cubic yards (yds) of overburden soil and diesel -impacted soil
Scgmgate soil based on field screening
perform dust control during excavation operations
Task 9 — Loading and Offsite Recycling of Soil
Load 3 253 tons (based on a conversion factor of 1,6 tons trncnt facilityer cubic ,Geof iser for tesel o
sied
gn
soil into trucks for affsite transportation to a licensed ho site
non -hazardous waste manifests fostatio r each load asc ded prior to departure
Process trucks drrough decontamination
perfom, dust control during loading operations
Task to —She RestorRtion
place slid compact one foot ofeoarse-grained soil in base of source removal area
• Place lateral injection piping and vertical riser pipe
• Place additional 5 feet ofcoarse-grained soil over lateral 'eedc soil piping
• Place 400 SF of geofabric (Type 140NC) over coars - r m deity with overburden soil and
• Bacicfill remaining excavation to a minimum 90 percent
1,015 tons of cicW1 import0d sail grade for positive drainage
• Grade area to a relatively utifo1111
• provide compaction eeartliication testing and prepare a compaction report
Task 11 - Demobilization
Demobillxc constructiofi cgttipmett, personnel and supplies
October 1, 2001
58974201/58191pxxx
Copyright 2001 Kicinic1dcr, Inc
OCT-02-2001 TUE 07:03 PH'EDUARN OLIVO
10/02%01 TUE 11:25 FAX 023 02e is,25
Task 12 -- Operfltion and Maintenance
FAX NO. 1
CITY OF VERNON Utilities
provide weekly operation and maintonance of the groundwater remediation sYstr
• Collect field data
• Collect necessary samples for laboratory testing (up to $5,000 budgeted)
Provide one carbon change -out (4,000 pot.mds of carbon)
+ Dispose of used carbon at conclusion of project
• Tr Additionalort UP carbon,
5.000 Salons of diesel will eilk d oil a unit rate 1 for recycling per pound
�P
Task 13 —Reporting
• provide monthly status reports (estimated to be 5 reports)
prepare final closure report
P. 06
V100s
ESTIMATED COST AND SCHEDULE
The fee estimate for Tasks 1 through/ s svmmarized in Table 1. Kleinfeldcr will perform the
Planned scope of work on a time -and -materials biisis for an estimated fee not to exceed
5752,575. 00
Table 1 Cost Estimate Breakdown of Planntd Scope of Work
1
2
Pennttung ana tvoua,Vd.+.,,A -
Asbestos and Lead Paint Survey
S 2,191
$ 7,740
3
4
Conc Pcnetrometer Survey
Mobilization and Site Preparation
of Pump House and 1,000 Barrel AST
S 12,101
S 40,728
5
6
pemotition
ii�sta{lation of Groundwater Treatment Corn
of Groundwater Recovery Trench
71
$ 69,8'1212
S 247,048
7
8
Installation
Excavation and Stockpiling of Soil
$169,490
9
Loading and Offsitc Recycling of Soil
$ 64,99
10
Site Restoration$
11,406
11
17.
Demobilization
Operation and Maintenance
$ 60,838
S 15 570
13
Rcpord"A project Total S 752,575
SCHEDULE
Kleinfeldcr will begin the permitting and notification process within one day after notice to
proceed is issued. The otitical item that heeds to be peomled is the asbestos and lead paint
survey. If asbestos is found, Qt�� he willbep�o�e,SCAQd coeurrently�whcOn jre f�cas ble. uired AmoOT re
demolishing the httildit�. Sotn
detailed schedule can be provided in a separate submittal.
If there is a need for any change in the scope of servicesr schedule
fee gibed in utcsC wl�th our
pleaso call us. Changes in scope may require revision o proposed
current Fee Schedule.
5847420158191Pxxx
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Copyright21101 Kle.d1cma.Inc.
OCT-02-2001 TUE 07:04 PM EDUARDO OLIVO
to/o2/01 TUE 11:25 FAX 123 826 1425
FAX NO. 1
CITY OF VMON Utilities
P. 07
AUTHORi7ATION
d Liryt-235atucs to this Pro al (th osal'l.
he City of Vernon P f Inc, under the posal shall be
herby agree that erformed by tain elder, cement fo f �Uaall Services
further subject tO the tc itions of the attached � Kl�'eldc. 'The(the "AgrGern ntweea the Ct emon Power and Light, ctztih extent any tc d conditions o c Proposal arc
P:trtics agree that to errant shall prevail.%
e Agrrcment, a Afire
Power and Light acknowledges that the scope of
By signing the Agreement, the City of Vernon
this proposal is acceptable and authorizes Klcinfelder to proceed with the scope of work as
presented.
Anywork required beyond the scope of that proposed abpYe will be undertaken only after
receiving your prior authorization and after an adjustment has been made to our fee to include
the additional work,
LLMUATIONS
00011
praposai Lrxpiratiou
inteldOr
This proposal will remain in effect for 9�0 daysofrt e � ��� and cstima ed schedule; or orbto deGIM
reserves the rivht to revise the scope of k,
the proposal to be null and void, unless authorization to proceed has been given.
Disclosures, Remedial, or Mitigative Action
Bxccp t� as provided in this proposal, the responsibility for making any disclosures or reports to
any third party and for taking a corrective, remedial or mitigative action shall be solely that of
the Client. services, hazardous
be
During the course of the performanCe of
o e i fe) efs
or liability what ocver four any claim,erials ylosb
discovered. Kleinfelder will assume no rep tYro_existin hazardous materials bciug
of properly value, damage, or injury that results from p g
encountered or present on the project site, or from tha discovery of such hazardous materials.
as I
mquiring jCleinfcldcr to
Nothing contained in this proposal Qlo -�dtore gcnert>tor,tmed oornp interpreted who arranges for disposal,
assume the status of ► P of nt transport, stc tagc or treatment , eltCittyydom of Ve 1 oil will be solely r spous b for notifying all
statute, regulation or release, treatment or disposal of
Qovommental agencies, and the public at large, of the existence, erformance of
any hazardous Dialerials observed at the project site, either before or durit arrangements t4 lawfully
Klcinfelder's services. The City of Vernon will be responsible for all
store, treat, recycle, dispose of, or otherwise handle hazardous materials, including cuttings and
samples resulting froal Klainfoldoes sera
the City of Vernon and only for the purposes atatcd, within a
This proposal may be used only by h' or other
reasonable time from its issuance, Land use, site conditions (both
tits passage of time.
factors may change over time, and additional work may be required
The proposed services will e be conducted infeemanner n ly p�w�ing the
simi IT conditions
ordinarily exercised by el of oare and skill
members of our pro expressed or implied, and no warrantY
in southern. California. No other representations,
guarantco are included in this proposal. October I, 2001
58914201/5819 iftNX -S_
Copyright 2001 Yacinf4dei. lne,
OCT-02-2001 TUE 07:04 PM EDUARDO OLIVO FAX N0. 1
io/ovol TUE 11.26 FAX 323 828, 1423 CITY OF VERNON Utilities
P. 08
Q 007
CONDITIONS
and the A�cinentwill be considered by both
All terms and conditions indicated in this Proposal com letion of
parties to be in cffCat from the date approval is givers goY work to begin through p
the project. If there is a scale for art change in the scope of scivlcas, schedule ile cost of Such
p • I lease call us, and we will communicate to y
conditions described herein, p
chasers.
Standard project Conditions stud Assumptions
• Cost estimate does not include delays in Olders
the doittss subrontr�ac delays
in order to cp�lpl8 o the
including "right -of -entry" for Caused by YJC'
Kloinfelder, a2
work proposed herein. relating to Underground
ossession
The Client will provide all available information $tents sible for reviewing this infornladon
utilities/structures at the site. Kleiafelder will be r pertThe cliotnt should be aware that
and clearing utility locations by notifying USA DigU
It is impossible to determine with certainty
penetrating the site's surface is itrhercntly 'Y• ground.ed in the We will make every
the precise location of all structures that may oubfie d cxploran Irleinfeldct's fee is not
effort to avoid such utilitics/struct s during
of the services aad the assumption of risk
adequate to eomperisato for both the per or
of damage to such structures. Disruption
eY utilities
its for damages that underground
due to s the sole
will be the msponsibithy of the client, p rvices rendcrod by Kleinfelder to repair
negligence of lCeinfelder. Ifrepairs are necessary, se
them will be billed at cost, requiring rotective
Work is to be performed under non -hazardous field conditions (eruct U, q '� P
eye wear, footwear, and headgear),
during narnW business hours.
IJnantici�ated conditions that may be present that would require additional study, assessment
or rMuediation will be addressed at additional cost. iesentatives of the City of Vernon Power
lvlanffcsts for offshe disposal will be signed by z�
and Light. are
• Asbestos abatement cost and lead paint db vtncli bo disposed to a class I it@ have assumed
that the concrete is impacted with lead and P
if any of the above issues arise and result i of Vernon n of work and sLight oope,to a Odell thelsieps to
fee inercase, KleinfCldcr will notify tl y
be taken.
—6—
October 1, 2001
58974201/581911'M
C'upyrirh,2Wt Kieta%144r.Ing.
WT-02-2001 TUE 07:05 PH EDUARDO OLIVO
10/02/0, TUE 11:27 FAI atj_820 1425
FAX NO. 1
CITY OF VERNON Utilities
P. 09
Qo0s
CLOSING with you on
We appreciate the opporttulity to submiVe hluestiortssor al rcq ire additiod look ns inforui10 working .
this plvlect. Please contact us if you hi q
Sincerely$
1,LEINFELDEP,, INC.
Gaorge E. Johnson, PE
Project Engineer
Herbert 9W) A. Vogler R" RG
Senior Project Managcr
Oetobsr ), 2001
3,997420115819 nc dam. Inc.
Cah
ooyr
OCT-02-2001 TUE 07:05 PIS EDUARDO OLIVO
FAX N0. 1 P. 10
—AP- /Oi TUB 11:27 FAX 323 826 1428 CITY OF VERNON Utilities 0009
pROMSTONAL SERVICES AGREEMENT
This t ("ClsinV) Services Agreement m INC. (, Ctonsultanf ) is e Cliend into t engages Consultant to pro do proffes"'a
etween the CitY Of VeMOn Power and
Light ("Client"� and l�LIINt'ELDER,
services (" Services") in connection with the following projeot C'Vernon Power & Ligbt, 7,715 East Se Street,
DieselRoleao Assessment"):
SCOPE O1P SERVICES. Consultant shall perform the following Services.
Perform Diesel Release Remediatioar, as described in Kleinfelder's Proposal dated October 1. 2001, which is included as part
of this contract.
Client agrees that servicti not specifically desan'bcd above are not included in the Scope of Services provided by
Consultant.
Services provided under this Agrcament, including all reports, information, recommendations, or opiuions prepatod
not
or issued by Consultant, 'ire for the exclusive use aid berieflt of Client in conncctiaa with the Prlor business
intended to inform, k�uatic rn• otherwise influence any other entities or porsons with respect to Y y pest �
transactions, and should not be relied upon by any entities or persons other than Client for an purpose.
. . A. _. .a. _. _
COMPENSATION. Client shall eotMcmte Consultant as follows; ,not to exceed
Services will be provided ou a timc•aad-expense basis for an es6=&ted total feewP $752.575.00
Tlac rates charged for Services are based on the current Consultant's Fee Schedule,C cn a then m�,q,, �ically.
All Set -vices rendered after anew tee Schedule is in effect sh
SYrCONDITIONS AND ADDENDA. NOTE: THE GENERAL CONDIRT-1-0014DL
E OF '1'Hl SSIONAL SERVICi�AS AGREEMENT CO
OF
TAN'f P ECTING THE LEGAL RIGHTS AND
OYTSIONs AND OTH - aultant have each read, understand and agree to the General
OBLTOATIO14S OF THE PARTI at the General Conditions road Addendn are
Conditions. and at ched to this Agceemen
inco auto this A�ment by reference.
without the prior written consent oft e
Neither Client nor Consultant shall assiL.n its interest iu this Agrcerrtent
other.
11us Agreement is entered into at
and is made effective
Client: IQ,EINFELDER, INC.
By: By;
Title. - Title
Date signed: Date Signed:
Capp iaht2001laclA idct,tne. -8—
OCT-02-200I TUE 07:05 PM EDUARDO OLIVO
10/02/01 TUK �1:48 FA3ti._52_L 126 1423
FAX NO. )
CITY OF yMON Utilities.
P. ) )
Q0i0
GENEpALCONDMONS(PROF6SSI0t1ALSERAM) tubj�cht, 4Of1•
plc%vq upon recsipc boroleas not a1d ++Thin lthirly (30) days p1a Voice date shall r um6d t to a iota ed Ur n
'ie
Client andl pay kV pp eh costs nicurrod N 0000c0on of past duo exouna, ding
tercenl pet monDl {of the maximum tale aiowabloe by law, wh Client sO�Ce! OoYI� tents 6halt b otl� to d ant, sto uspend e>I SeMOCs pit pad in
nsuhant in wdpng w;ihtn fourteen (1vt) days f tea t>< u n Ave {S) cplender days n
® eys' tees. K Client fuel►$ to pay an Utvoke when due, Corelulianl "Y, Po
Nrminate lha A9raemmrtll de and 10 A11d
full, a may ar this Agreement, iWvdtN bu I. s. am to too
: that any and tll nmilathtns of pie Consultants AeWltty and indannytcatiocw by ilia Client to the Consultant ate
2, tno m agree dormst of ilia seMoes andom oDr,
to ttnw+ M rhos and entitin ilia ConsuAant retains to an
Consulunt'e acts. pa Dom end employees and thelt hake and psal9nc, as wall as the Corxunent'a subconsu►fonts an7th* inaK, phates andassign exarciA4d brc of me pmfoes°,on
3. Consonant shy dormhe"MeasIna mannerconckprnt with uro a Ilm ud of oero and rest orbatoc no warranty a
prate In a r What locamy under almost etreumslo sn �giat b Cllient by CONWO t o por}onned. This Ag b proves Client woh W
gttemrrien, express or 1m ad, not does I create i intudary reap h b .44111111
4, Crn►sltManCa construct obsarvallon Smvlcot, d any, shot ba limited to obaervIS pg of i nwnp�" a�
u, Cat ular of ilia general tree, progfosa and quality of the work times, of lylli lqr� rho means
contlnuam nr Austin inspoof pie work M no $vent shoo Consultant be responsible solelyrneible for
sefeltr pq employod by Oct 's ccmtradcr. f�ient $heft hold hs conhada �Y fespo
Includh►g but not ginno to its annslntc In aecordence with die cone hn { ° 'orin of e uch C1Catlon pit to
6. Consultant snarl lion conitlaaonx I Cors�alne pro d� such caNficaoon is smttd to
cell ncallon it IWctud.d In Consuttanta a se 4ct».
consdtuto a wart7rnty at 9vtaran t a least texpleOr of a newer+
4 ttoure In adw0r>ca any
b. Client shall notify ConsultMl at least Noeniy ) fens to Provide the proper
to a contractor, suboomractor, or aural ihird Farb• o Ciotti
resulting item impropef notleo. of olio Gtsm l
7 Al samples eneU mmaln the property
hazardous matadrds, unless otha*%% d ii lit
$my (60) days after the issucahoe of 2 fef nogttMg on
g, Client shell bear toletoroe'cpW1 101t1 agrnhdes
oppropdttlo muricipol, e9
Client shell promptly at As
Qropriele, Consultant she'
'-to dole obtained from
,page purchaeero
the exa%fice of en)
spa erring tons,
0 aenl shill provide Consonant with at irhfrxrtratbn reyatding
propoead Uttar of ore Project site and shelf cartes 4e sate the Iocapocis Pn
49 plp(k, tanks, cables, electrical lines. lelEphop�nt raleeees Conewt OC' O►D W
hnlprmadon, Indudvt9 ,ny chanr3e in plans
. If fees
Macctical0 intorrttation We s ear I cri aubsiance,W or rin�� has Qot matedafs,
porsons resuAlrhg worth ilia etlectad a and sport the r
uAertt shall not a
d melliods of con3tructn or k(th ,
quality end compicban
pia commencement of 60*83, such
ant of peofeeeronel opinion end does not
opeprvetions. if Csont seeigns C,14 r"ponelbipny
unant shall not be recponelbie for any datnag
iromove and lawtu4y dupO1r' cf sammpples, Curti and
terya samples obtmW for Die Project for not tpnger than
samples• ng
. Of All
d rleo cnrtees rhels IocaW ►n or around project
s or dx1g roue
Including the exlstertca of hruArdouo or donparous rrtatedois, end
pay knee of the pralccl site and OR subsudwe installations, such
c' t site. Giant shell immedatey pmvnde DiOlg1on boMd eOn ms new
�ly for any lino t advice, rrdg
re road u= to prWenl floresesab�bad't IINU shoo, upon
,d lea d on the site by Corte
recogntx:ng the cutdnion, ImmedratcN Slop
10, Consultants reports. bodng logo, mope, field dale, drawl rz.h�o results lit Such worts
do not constitute goods or prodrhet3. Consulro tocorvos n wilh the Prod
to Client.
�(oduo are pFA 01 Consultants protesdonal set cri and
or, evch copyright Is not intended to limit the Cfien!'a
use of dho somas pursuant to this Alit most cross Without coa�wry
media after an e1F
11, 6eceuse data elorod an oloctronie media can iorste undetactad a be modtAed \\
Oocept tollpanslbiiny lot rho comp!elethess, entnekh ,. a readability of pie atacbonlC rfomrenca
electronic ies. Consultant that are ratantd to the pe
knaw,lod e, the Client agrees that It wall
ce pedod d 30 days after dotverY of the
the Sonloes. It+dud-ing but not nmhed to
12. Client shay cooperate with III Meson" ques►s by � value of me 4�
12.obl0ng permit t,lon, at Clionl's sole cost, to Consillw ae�s Consultants fee due to tits S , gg 1 mtt
13. Cormhonf't potcat�l pabrlity ro Glk lid Other u grossly dlaP oP° Cin Consul
onsuhard all t sit ddmc,1011y, damages.
Thorofare, Unless Client and Conshdta otMWorr thereWO otc���'�oo and ((r���kt4emr,Ify � M e� chit to gect,tor other cerMuc► 01
Cona►dtanl's Debility to the 9toaler of Al,00addrtg out of or telao arxae or other fault of
if
a expanses (except for Consh,han cola nagll9enea or wls al Misconduct) nssa eristr>9 out of or re etinq to the ooWdo, or expenses even
ConsuhanL tnctuding but not test to, cle'me, patxllty, d m g without fault for such chahrs, Rablitly,
co,nsutunt, Client shah Inde Con►uAant won a CCtt Is P r chide i e scope of senlcee sat ratite on pogo t party
Ilablfily h dalmed lo hsvn arts while Censlitta K P tissues, than Arst be su act to nonbinding own. d W04 e4
14, All dVopulee betweon sUftant slid Client, whh the eecep� of non nature
en
m demand RtadlaCron serving a wntian AOgoe sb5ng the essantisl nature o1 pie dispute and demtxtd that such
medOther
on er aaMoa d
the Ami Arbrtrotton 1�xeoaalbn or by suds other pp°�rson organWe, ss
61 pia of sari a Otic9• The me�apon shift bed tom rth141etmh�d unless (1) the modisalon dons not Deco within nInNY (�� d cold dap5e
u a No oftn or stilt may
�a pat�ae may P° d after service or rlotk:o but Boos notrosdve the dispute, o'r (� o staNte of rni o
notice, (x)"ma than occurs w1lhM ninety (70) a whelhet during or after IN compia of lbc
II srdlwos not error to ninety 00) days after ssMcli of NOW c imilrance,
15. ii Grant ores proPe�y, teal of paroonel O(I)ON at or aJjecenl to the P list CONY
Pro f r>y
cevead by ike or other couooe of ice o
constrttccd at the Projott. Mint Da WeNa Oil cubro9sticn claims against Consultant for demagee
aztant red by such pmpe yIffijog,osses, expanses iNIN out or or relating to Client's }ailuta to perform,
16, rd waives all olalms Igslest Consuttant for
aClaimsnd any subsioqueni agreements -
Or nts.
yr or in part, any or its obllg3Cotur under thia Ag
CnaN ehal be teopo!a;'�m for jotxna lately.
—9—
OCT-02-2001 TUE 07:06 PM EDUARDO OLIVO
FAX NO, 1 P. 1�
i0/02/01 TUE 11:29 FAX 923 828 1425 CITY OF VERNON Utilities �011
if during the coupe of performance of this Agmement conditions or circunntances we d'otvvered which were not oonlcm I rrsuilant d
N ncernont of tirlS Apre¢rrenl Cot�uABnt shall notrty Client in writing of Ate newly drsowmd conditions of d races, and Client ixb
Consurt reneDotiate. in good (eim, the terms and condtiiona of NS Agreement K emended terms end con ' ' cannot be soreed upon within
thirty (10) days a Uce. Crxiautient may tefirMate thta Agreement and Consulml shell be paid for Its se ' ough the date of terminedon.
19, CNent msg (umish uilent w IIIIA Rocca p5) dM Oer receipt or a wrlain request w n necessary and referent for the ConsUUM to
weluale, 9ivo nonce of, or on( a chanwo Ron rights. Such Irdormutlon ahel Inciudo d su(am¢nt of the roaad lagel UUe to rho property on
vjhlch a+o Pro oct M locatod. the name PMJoel W42r, end tno Clwrt andror nt¢retw4rah
20. Except for pttone such as for onfarcrme eeharrids Rant wh r;utrod by slatule io be bnx N In x Specific venue, In the event that
Idgavon is insdtutod under the lemu of this Aprooma tnma brought and tried in the Judidel Jutia4lction a the Dotal of ate county m whkh
IM AgreomeM k made. CNvnt watvea Ih4 right to havo aio t ht, of tried In, or rvnowd to, any other aunty or Judicial Juritdigioe.
21. Tltis Agreement, inehxting Ganaultantt Add d Sdredule s, reprecente Use entire Agreement and understanding between the parties,
ertd tupetcades any aria ell agreements r oral or Mhn Acing, ieclu utchesm 0°� wNven of any i" eflndtio�n or o�ovext�ent t>lr eitn to her
Agnromant will ba titaclive only it It V �gn� by Farty
party shall not be con. -Wed u ver of any other term, oondit on or covenant.
22. Tho trrrrs or eta 6 ere the contract was entered into shall govem inlerpretedon of this Apr if any urtn of this Agneement is deemed
unentoroeabie, mpindor or 1h4 Agreamaht 8hoa tWy in Nil force and eAoct M soMcoa of an alto Moro by any party to secure
performnn at this Agreement, His pwallie9 party shah ba endiled to rtatonable ettomtYa tees and caeca.
CA ua
K.olydefders Initials
—10—
e•opyright 2001 Kluinfuldd?. Inv.
EXHIBIT B
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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EXHIBIT B
INSURANCE SCHEDULE (CONSULTANT)
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least
the following amounts and coverage (combined single limit permitted):
Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non Owned Automobiles $ 500,000 $1 000 000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1,000 000 per employer
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1,000,000
$2,000,000
$1,000.000
Professional Liability
$1,000,000
$1 000 000
$1,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds u
the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Only certification of the following proofs will be
acce ted:
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
— A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT