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HomeMy WebLinkAboutHDR Engineering, Inc. - 2011-06-06T, 5e e Dept. ID PW 14-058 Page 1 of 1 Meeting Date: 9/2/20 �-0) CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 9/2/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a contract amendment to Professional Service Contract with HDR Engineering for As -needed Corrosion Engineering and Maintenance Services Statement of Issue: An amendment to a Professional Service Agreement with HDR Engineering is required to increase contract time to complete annual corrosion control monitoring and evaluating services for metallic water pipes throughout the City. Financial Impact: The amendment is only to allow for additional time to complete annual service. Funds for the service are available in Water Fund, Account No. 50685201.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and HDR Engineering, Inc." to extend the existing professional services contract for two additional years. Alternative Action(s): , Do not approve and direct staff on how to proceed. Analysis: Consistent with Public Works Department's on -going Corrosion Control Program, all metallic water mains, both distribution mains and transmissions mains, are closely monitored and evaluated annually. Results of routine monitoring provides staff valuable information to determine when it is necessary to replace applicable Cathodic Protection system, such as replacement of sacrificial anodes to continue to extend the operational life of City's valuable infrastructure. Public Works Commission Action: Not required. Environmental Status: Not applicable. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): "Amendment No. 1 to Agreement Between the City of Huntington Beach and HDR Engineering, Inc." HB -299- Item 13. - 1 . AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and HDR ENGINEERING, INC., a Nebraska corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 6, 2011, entitled "Maintenance and Professional Services Contract Between The City Of Huntington Beach And HDR Engineering, Inc., For As -needed Corrosion Engineering and Maintenance Services," which agreement shall hereinafter be referred to as the "Original Agreement," and period, 0 The parties wish to further extend the Original Agreement for an additional two-year NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM Effective June 5, 2014, the term of the Original Agreement is hereby extended for two (2) additional years. The Original Agreement shall now expire on June 6, 2016. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 14-4330/111666 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on AV q US �7 1\ , 2014. HDR ENGINEERING, INC. By: raham E.C. Bell, Senior VP print name ITS:.(circle one) Chairman/Preside ic=President AND By: Louis Pa man, Secretary print name ITS: (circle on Secretary hief Financial Officer/Asst. Secretary - reasurer REV IE D APPROVED: Manager 14-4330/111666 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROV (--Director of Public Wor APPROVED AS TO FORM: City A orney t.11 � L I ? I lkf 2 Council/Agency Meeting Held:_ b_ g6_11 Deferred/Continued to: Y -Appr ed ❑ Conditionally Approved ❑ Denied "_-449L(� i ler ' Signat Council Meeting Date: June 6, 2011 Departme ID Number: PW 11-028 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works . SUBJECT: Approve and authorize execution of two Maintenance and Professional Services Contracts for As -Needed Corrosion Engineering and Maintenance Services in an amount not to exceed $300,000 per contract over a three year period to Corrpro and HDR Engineering, Inc Statement of Issue: The Public Works Department requires professional corrosion engineering services on an as -needed basis to support staff for the design and construction, annual assessment, and maintenance of metallic components in the water system. Financial Impact: Funds are available within budgeted water capital improvement projects, and Water Fund, Water Engineering, Professional I Services Account No. 50685201.69365. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute a "Maintenance and q%Professional Services Contract Between the City of Huntington Beach and Corrpro for As- Sc � Needed Corrosion Engineering and Maintenance ices" not to exceed 00 • and C g g a tenance Services" o $3 ,000, , B) Approve and authorize the Mayor and City Clerk to execute a "Maintenance and Professional Services Contract Between the City of Huntington Beach and HDR Engineering Inc. for As -Needed Corrosion Engineering and Maintenance Services" not to exceed $300,000. Alternative Action(s): Do not authorize the contracts and direct staff to request proposals from other corrosion -engineering firms for maintenance and design services for various capital projects. HB -95- Item 6. - 1 .E REQUEST Q - OR COUNCIL ACTION MEETING DATE: 6/6/2011 DEPARTMENT ID NUMBER: PW 11-028 Analysis: The City's approved FY 2010/11 Capital Improvement Program (CIP) corrosion control funding is approximately $1.1 million. In FY 2011/12, the proposed CIP corrosion control budget is approximately $3.1 M. Projects include the installation of cathodic protection and appurtenance replacement on steel or ductile iron pipes to extend the functional life cycle of the pipelines. The scope of work for the corrosion consultant will primarily include the monitoring, inspection, and testing of existing cathodic protection systems and design/construction engineering support for new cathodic protection projects. Project assignments are rotated among the consultants, taking advantage of specializations. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. The proposed new contracts allow for a three-year contract term with a total budget not to exceed $300,000 per consultant. Funding sources will be from capital project accounts using the approved project budgets. Public Works Commission Action: Not required. Environmental Status: Not applicable. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): 1. "Maintenance and Professional Services Contract Between the City of Huntington Beach and Corrpro for As -Needed Corrosion Engineering and Maintenance Services" 2. "Maintenance and Professional Services Contract Between the City of Huntington Beach and HDR Engineering Inc. for As - Needed Corrosion Engineering and Maintenance Services" Item 6. - 2 HB -96- ATTACHMENT #2 Item 6. - 34 xB -128- MAINTENANCE AND PROFESSIONAL SERVICES -CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. FOR AS -NEEDED CORROSION ENGINEERING AND MAINTENANCE SERVICES Table of Contents 1 Scope of Services.............................................................................................. 2 City Staff Assistance............................................................................................... 2 3 Term; Time of Performance.................................................................................... 2 4 Compensation..........................................................................................................2 5 Extra Work.............................................................................................................. 2 6 Method of Payment................................................................................................. 3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless..................................................................................................,......_3- 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance........................................................................................... 5 11 Independent Contractor........................................................................................... 6 12 Termination of Agreement...................................................................................... 6 13 Assignment and Delegation...................................................................................... 6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials.................................................................................. 7 16 Notices.........................................................................................7 17 Consent.................................................................................................................... 8 18 Modification............................................................................................................ 8 19 Section Headings..................................................................................................... 8 20 Interpretation of this Agreement............................................................................. 8 21 Duplicate Original................................................................................................... 9 22 Immigration.............................................................................................................. 9 23 Legal Services Subcontracting Prohibited............................................................... 9 24 Attorney's Fees.........................................................................................................10 25 Survival....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety.....................................................................................................................10 MAINTENANCE AND PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDR ENGINEERING, INC. FOR AS -NEEDED CORROSION ENGINEERING AND MAINTENANCE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HDR ENGINEERING, INC., a Nebraska corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as -needed corrosion engineering services as well as limited adjunct maintenance and repair services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services described in Exhibit "A." which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." All engineering services shall, prior to the commencement of any work, be set forth in a written Scope of Work to be provided by CITY in advance of each PROJECT. CONSULTANT hereby designates Dr. Graham Bell, 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 CONSULTANT in the performance of this Agreement. 11 2796/62"4 1 3. TERM,• TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on Ii 06 , 20_Zl_ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in the Scope of Services shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the date of final execution, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in 11 xhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Thousand Dollars ($300,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 11-2796/62904 2 6. METHOD OF PAYMENT CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A. Reference this Agreement; B. Describe the services performed; C. Show the total amount of the payment due; D. Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E. For all payments include an estimate of the percentage of work completed. 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANTS (or CONSULTANT's subcontractors, if any) negligence, recklessness or willful misconduct related to performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, 1 i-279&629M 3 agents or employees. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense, and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation - upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 11-2796162904 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either , party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 11-279&62W4 5 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and 11 279&629M 6 depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY:. City of Huntington Beach ATIN: Andrew Ferrigno 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: HDR Engineering, Inc. Attn: Dr. Graham Bell, President 431 West Baseline Road Claremont, CA 91711 When CITY's consent/approval is required under this -Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal 11-2796/62904 7 or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective • of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 11-2796/62904 8 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This t 1-27W629M 9 Aarcement, and the attached exhibits. contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersedes all prior understandings and agreernents whether oral or in writing between the tin parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through by and their authorized officers on 1�1 �0 — IL HDR ENGINEERING, INC. Bv: yEric F echtte, Vice President print name ITS: (circle otw) Cliairinaiii'presicient,,N'ice President AND By:, Louis J. Pachman, Secretary pr-mt name ITS: one) � ecreUarChief Financial Of ) Sccretary -Treasurer 11-27IW62904 10 CITY Ot, HUNTINGTON BEACH, a ri-tunicipat corporation of the State of California.o--':;� INITIATED AND APPROVED: REVIEW -YD P ND APPROVED AS TO CANT -it jl 4 Manager PPROVII',"D AS TO FORM: C 'i !Attorney EXHIBIT Al Scope oiWork The description of scope of work mentions the consultant shall perform corrosion engineering and maintenance services on an "as -needed" basis and the scope for any one project may involve all phases of project development. This works well with HDR Engineering Inc.'s philosophy that individual project tasks are integral to previous and subsequent tasks. Field services naturally lead into preliminary engineering and then into permits, etc. Any one task is important and can be accomplished as a stand-alone item, yet the overall project relies on successful completion of the individual tasks as building blocks in order to provide a comprehensive package. HDR Engineering Inc. recognizes this and'our services are tailored to this effect. HDR Engineering Inc. works to execute as -needed task orders autonomously with minimal impact on the City's personnel. City staff will be required to attend project meetings, perform intermediary communication and coordination duties with other City staff and consultants/contractors, provide access to work sites, locate and mark out City infrastructure in delineated work areas, provide all necessary background documentation, review and comment on project deliverables, provide general and special provisions, provide contract documents, and perform all final printing of construction bid documents. A. Field Services HDR Engineering Inc. has experience in collection of soil samples and evaluation of corrosivity of the soil environment. Soil resistivity is a major determiner of corrosion, and three methods are used to evaluate the soil resistivity. Wenner four -pin and electromagnetic conductivity (Emag) surveys are field assessments of soil resistivity. Wenner four -pin is done at a variety of depths to calculate the resistivity of the soil where the structure is buried. The advantage of the Emag is efficiency, where the data can be collected nearly continuously over long distances, such as for a pipeline. Additional soil resistivity data will be measured through laboratory analysis along with the concentration of soluble chemical species. Soil samples will be analyzed in HDR Engineering Inc.'s in-house soil laboratory, measuring the resistivity in both the as -received and saturated state to determine the corrosivity of the soil based on the most contusive condition. Laboratory testing will also provide the concentration of soluble chemical species that are known to contribute to corrosion. All of the soil corrosivity data types will be weighed to refine the evaluation and provide a quantitative basis of material selection. HDR Engineering Inc.'s laboratory analyzed more than 2,300 samples in 2010 and our day-to-day work includes corrosivity evaluation. HDR Engineering Inc. personnel are experienced in collection of corrosion control/cathodic protection data as part of our day-to-day business. These data give information on the corrosion condition and/or efficiency and sufficiency of cathodic protection. Proper positioning of reference electrodes is critical in providing accurate 1 of 4 EXHIBIT Al and repeatable data used in analysis of cathodic protection system efficacies. An integrated approach using soil data, pipe -to -soil potentials, electrical continuity, knowledge of the structure (or facility) and if necessary, information derived from forensic services obtained from various existing facilities is analyzed and used to provide prioritized recommendations for corrosion mitigation methods based on the critical nature of the facility. With respect to forensic engineering services, HDR Engineering Inc.'s approach is to investigate the corrosion problem, collecting all the information that can be retrieved in order to develop what is the most probable failure mode consistent with the test data and results, laboratory analysis, and physical findings. We collect the necessary on -site information and samples for metallurgical, chemical, and ASTM C856 petrographic analysis. HDR Engineering Inc.'s approach to a condition assessment of an existing facility is a multistep process that moves from a broad overview down to pinpointing and reporting the specific worst -case conditions on the structure via a drill -down progression. A records review provides the information necessary to initiate the investigation. The assessment begins with a holistic view of the facility with the soil corrosivity and electrical continuity surveys. A baseline potential survey provides a preliminary condition assessment of the structure. From these surveys, numerous broad locations of interest are generated for further analysis. A close -interval survey is performed on select locations to determine finite positions of the structure to excavate. Once excavated, the coating and structure surface are evaluated for degradation. B. Preliminary Engineering To assure efficiency and consistency, HDR Engineering Inc. helps develop and implement standardized details and specifications for use in providing system wide conformance. Along with development of detail drawings, come alternative layouts, estimates for probable costs and calculations that permit value engineering choices to be made. Development of alternate layouts is a culmination of efforts performed by a contractor, City and/or HDR Engineering Inc. personnel. Information obtained during the Field Services is utilized during the Preliminary Engineering. C. Permits HDR Engineering Inc. would be available to assist the City in developing the information necessary as well as performing the legwork in obtaining approvals from applicable agencies for environmental, construction, and/or other permits as may be required. HDR Engineering Inc. has performed similar services for numerous clients. D. Construction Documents HDR Engineering Inc. regularly prepares documents for various agencies in our day- to-day work. Documents would consist of engineering calculations, designs, plans, specifications, estimates of most probable cost and contract bidding documents. Documents suitable for Bidding including General Provisions (provided by the City), Special Provisions (provided by the City); Technical Specifications, Cathodic 2 of 4 +URUWA Protection system design drawings, Contract Documents (provided by the City), Bid Schedule and Cost Estimate are typically provided. Submittals are typically made for review to the client (City) during the preliminary design phase, at 60% completion and final stage. Documentation would be submitted as required in a hardbound copy as well as electronically in Microsoft Office format (Word 2007). Drawings shall be submitted electronically as well in AutoCAD 2007 and on inked mylars in size D (24" x 36"). E. Bidding Stage As part of our Project Management services, HDR Engineering Inc. would be available to assist the City in answering bidders' questions, attend pre -bid conferences and job walks, prepare addenda, analyze bids and recommend award. F. Construction Stage Success in construction projects is often based in a solid and positive working relationship with the Owner and contractor personnel. This often begins with the pre - construction conference and lasts through the final completion and acceptance of the project by the Owner. HDR Engineering Inc. works hard to achieve a harmonious environment and would assist the engineer, contractor and inspector with the interpretation of the plans and specifications, analysis of changed conditions, development of corrective action(s), review of shop drawings and other submittals and the review and negotiation of change orders with respect to the project. At the completion of a project, HDR Engineering Inc. often prepares "As -built" drawings. G. Construction Inspection As part of the Construction Stage, HDR Engineering Inc. is often asked to coordinate and perform construction inspection services. Should these services be requested, they typically include either part-time or full-time inspection attendance. The inspection services, be they for cathodic protection appurtenances or for coatings, include daily inspection reports and assessment reports for records keeping. A regular part of HDR Engineering Inc.'s daily operations is Coatings Consulting. Services provided include: Review or development of specifications for coatings and/or linings projects; investigate sources of coatings failures or defects and make recommendations for corrective actions; provide expertise in selecting materials for various service environments; and installation inspection of both liquid applied and solid sheet linings (t-lock) to ensure compliance with contract documents. HDR Engineering Inc. field inspectors have years of experience and diverse backgrounds in the industrial coatings industry. Each inspector is assigned to projects based on their level of experience with the individual project scope. H. Design/Build Should the City identify the need at the onset of a project, HDR Engineering Inc. could and has teamed or partnered with a contractor to provide design/build services. Services provided would typically be a compilation of the above services and result in a functionally operable system upon completion. I. Maintenance and Repair of Existing City Facilities 3 of 4 EXHIBIT Al HDR. Engineering Inc. retains a Class A contractor`s license and has successfully performed maintenance and repair of electrically discontinuous existing water pipelines for the City, on Springdale Avenue, Clay Avenue, Edwards Avenue, and Goldenwest Street. HDR Engineering Inc.'s typical scope of work includes review of pipeline lay sheets, locate pipe joints, test to locate electrical discontinuities, excavate and repair unbonded pipe joints, dewater pipeline, perform internal bonding of joints, install sacrificial anodes to cathodically protect the pipe, backfill and repair in accordance with City requirements and perform final testing and report the results. 4of4 EXHIBIT A2 PROJECT APPROACH AND METHODOLOGY 1. HDR Engineering Inc.'s implementation plan is as follows: _ _ i. The project will be guided and executed in accordance with our comprehensive Project Management Plan (PMP). We will prepare and submit a draft of the PMP at the kick off meeting for review and approval. The PMP is the framework that provides a clear definition of project objectives and concise direction for executing the work. It spells out the roles and responsibilities of team members and specifies all work processes and procedures. Key milestones, budgets, and schedules for each task are clearly identified in the PMP. The PMP serves as the reference document for the project team throughout the project duration. It is a living document that will be updated periodically to reflect actual project conditions. A key focus of the PUP is scheduling and cost control. We will organize all work in the form of an efficient Work Breakdown Structure (WBS) and establish definite cost and labor -hour budgets for each task in the WBS. We will track the costs by evaluating actual work completed for the project based on the physical progress of the work and Earned Value (not budget spent). We will compare the Earned Value with the Planned Value as per project schedule to determine any variance. For all field activities, a Work Plan (WP) will be generated. WPs will contain detailed safety procedures for emergency situations that may arise during anticipated task activities. This will include list of contacts, hierarchy of actions, and roles and responsibilities of key individuals. The WP will also include a Contingency Plan that will be developed based on a thorough. analysis of project risks. ii. Sometimes work on task orders may require interaction and communication with the City's customers and constituents. For these types of task orders, we will develop and execute a specific Communication Plan based on a comprehensive identification of all stakeholders and a thorough understanding of their needs and requirements for a task order. Stakeholders for task orders may include all public entities and agencies that have jurisdiction over the pipeline, any groups and associations interested in or affected by the project, and any private individuals, - residences, and businesses that might be affected. We will prepare a comprehensive list of project stakeholders including their specific needs and requirements, and the most appropriate means of communication. We will present the list to the City for discussion and concurrence. Upon approval of the Communication Plan, we will prepare the necessary information and documentation to proceed in accordance with the plan. iii. HDR Engineering Inc. recognizes its responsibility as a provider of quality. services. To this end, HDR Engineering Inc. has historically developed and documented a management system to better satisfy the needs of its customers and to improve management of the company. To the betterment of all aspects of HDR Engineering Inc. operating procedures, the company completed an overhaul of the management system and related quality system documentation in 2010. One key piece was updating the quality assurance manual to comply with the requirements 1 of 3 4 so I 1: of ISO 9001:2008 for the company at large and to comply with the international standard ISO/IEC 17025:2005 for HDR Engineering Inc.'s Laboratory Services Department. This manual is utilized for the purpose of informing our customers of the management system and the specific controls implemented to assure engineering design, testing and calibration service quality. A copy of this manual is available upon request. 2. Client satisfaction and scope completion is of the utmost importance to HDR Engineering Inc.. It serves as an underlying mantra to our company mentality. In the company's quality assurance manual, sections define how the company pursues client satisfaction and outlines the successful path to satisfying the requirements of all "Scope of Work" including those outlined in the RFP. Client Satisfaction: HDR Engineering Inc. collects and analyzes information on the needs and expectations of its customers. This information is utilized to maintain and/or improve customer satisfaction. Customer satisfaction information is also considered when specific requirements for improving our products and services are developed. Customer satisfaction information is obtained from customer feedback and by analyzing customer responses, to include some or all of the following: a) Customer satisfaction surveys, b) Complaints, c) Recognition and awards from customers, associations, and consumer groups, d) Product returns, e) Warranty claims, f) Repeat customers, g) Market share. The results from each source are presented and discussed at management review meetings. Scope Completion: Successful project execution starts with fully comprehending the scope of work and disseminating this information to all staff that is to be involved in the project. At the front end, thorough contract review is performed to establish a) the scope requirements, including the methods to be used, are adequately defined, documented, and understood, b) the company has the - capability and resources to meet the requirements, and c) the appropriate test method is selected and capable of meeting the customer's requirements. Only once these criteria are established does HDR Engineering Inc. proceed with partially -executing the contract. Once the conforming contract is in place, administrative staff responsible for contracts notify the Project Manager, department Functional Manager, and Chief Operating Officer upon receipt of the executed contract giving them Notice to Proceed. The Project Manager develops a Project Management Plan, Work Breakdown Structure, Communication Plan, and Work Plan specific to the customer's Scope of Work. These plans are then distributed to the relevant staff involved in the project and are tracked by the Project Manager, Functional Manager, and Chief Operating Officer at decreasing levels of detail, respectively. 3. Maintaining the schedule of work is quintessential for successful project execution. The schedule is intrinsically tied to other project parameters such as scope, budget, and stakeholder needs. Our work plan will have a detailed Baseline Schedule that will show the most efficient Work Breakdown Structure and all associated activities for the duration of the project. Durations for each task, as well as the overall time of completion, will be illustrated. The schedule will be continuously monitored throughout the project. We will issue bi-weekly status reports to show the actual 2 of 3 progress against each activity. At the end of each month, we will issue a comprehensive progress report that will show the physical progress, Earned Value, Estimate at Completion, and Financial Progress. 3 of 3 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Me 201 I-2013 Houdy Rote Principal Engineer 260 Associate Engineer 187 Senior Staff Corrosion Scientist 182 Coating Consultant $166 Senior Corrosion Engineer 156 Corrosion Specialist 135 Coating Specialist 135 Corrosion Engineer/CP Specialist $135 Senior Corrosion Technologist 125 Field Engr/Corrosion Technologist $125 Corrosion Technician $120 Construction Inspector 120 NACE Certified Coatings Inspector $44 Coating Inspector Craft Laborer $83 Drafting including Equipment 3 Word Processing/Clerical $68 B. Travel. Charges for time during travel are not reimbursable C. Billin 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Exhibit B 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit 13 2 Title Name Company Position Addressl City_State_Zip Email Address Telephone Mr. Mike Prosperi Corrpro Companies Inc. Technical Representative 13011 Florence Avenue Santa Fe Springs, CA 90670 mprosgeri(ftorrgro.com 562-944-1636 Mr. Steve Sosa Farwest Corrosion Western Regional Sales 1480 W. Artesia Boulevard Gardena, CA 90248-3215 ssosa@farwestoorrosion.com 310-5329524 Control Company Mr. Eric Frechette, PE Schiff Associates Corrosion Engineer 431 W. Baseline Road Claremont, CA 91711-1608 909-626-0967 • efrechetteCcilschiffassociates.com Mr. Ron Deal V&A Associate Engineer 8291 Aero Place, Suite 110 San Diego, CA 92123 rdeal cbvaengineerina.com 858-576-0226 Mr. Richard Yeager Jr. RFYeager Engineering Principal 9562 Winter Gardens, Suite D- Lakeside, CA 92040 RFYeaaer(a)RFYeaoer.com 619-647-6265 ti CITY OF HUNTINGTON BEACH s Professional Service Approval Form PART Date: 10/11/2010 Project Manager Name: Andrew Ferrigno Requested by Name if different from Project Manager: Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART 1 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: The as -needed corrosion engineering and maintenance agreements shall provide professional corrosion engineering design services as well as field testing, maintenance,* and repair of corrosion control facilities. The current as -needed corrosion engineering contracts expire on September 20, 2011. However these contracts have reached their spending limit Corrosion engineering is included in the City's budget, under the Professional Service Listing (see attached). 2) Estimated cost of the services being sought: $ 750,000 over 3 years per consultant, with intention to obtain 2 separate as -needed consultants. Business Unit and Object Code for corrosion control related projects are 50691016.69365 and 50791016.69365. 3) Are sufficient funds available to fund this contract? 0 Yes ❑ No 4) is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ❑ Yes® No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: See Item. 2 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. APPROVED Depa-'tment Head Signature DENIED ❑ VOL inistrator's Signature Director of Finance's Initials Date Date Date Deputy City Administrator's Initials Date '�✓�UTdTIN6Tp� CITY OF l _' - ON BEACH Professional Service Approval Form va �oe� PART AR Date: 2/8/2011 Project Manager: Andrew Ferrigno Requested by Name if different from Project Manager: Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART 1 & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: HDR Engineering Inc. 2) Contract Number: PWK (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ $300,000 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. D,arector of Finance (or designee) Signature Dat CERTIFICATE- OF LIABILITY INSURANCE 6/l/2012 DATE(MMIDDIYYYY) 1 5/27/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE .ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC=I Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 641 12-1906 (816)960-9000 NCONT AMEACT PHONE FA E aC No E-MAIL ADDRESS______ INSURERS AFFORDING COVERAGE NAIC # 1NSURER.A : Hartford I' an Ire Insurance COm 19682 INSURED M J SCHIFF- & ASSOCIATES 1013472 DBA: SCI IIFF ASSOCIATES INSURER B : St. Paul Fire andMarineInsurance Company INSURER C : Sentinel Insurance Company, Ltd. 11000 AND HDR ENGINEERING, INC. INSURER D, Zurich American Insurance Company 16535 8404INDIAN HILLS DRIVE OMAHA NE 68114-4049 INSURERE: INSURER F : COVERAGES HDR1N01 SA CERTIFICATE NUMBER: 11173549 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADD V"DSUBR POLICY NUMBER MML DmYY MMIDONYYF POLICY Y LIMITS A GENERAL LIABILITY Y Y 37CSEQU 50 6/1/2011 6/1/2012 EACHOCCURRENCE HGE RENTED PREMISES (Ea occurrence) $ 1,000,000 X �. MMERCIAL GENERA( L_L BILiTY CLAIMS -MADE LX rOCCUR pp p D AST yO MED EXP (Any oneperson) X Contractual Liab. J I E ^ . lJ tt'YA � PERSONAL & ADV INJURY $ 1,000,()00 GENERAL AGGREGATE $ Z ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 1 ((( / J 1 PRODUCTS - COMP/OP AGG s 2,000,000 POLICY I X JEO- X I LOC 4;,Z t / $ A A AUTOMOBILE LIABILITY ANY AUTO Y Y 37CSEQQU0951 (AOS) 37CSE000952(14I) 6/1/2011 6/1/2011 6/1/2012 6/1/2012 (Ea accident) $ 2,000,000 X BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident X PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS X NON -OWNED AUTOS $ XXXXXXX B x UMBRELLA LIAS OCCUR N N Q K08001218 6/1/2011 6/1/2012 EACH OCCURRENCE $ 110001000 EXCESS LIAB N CLAIMS -MADE (EXCLUDES PROF. LIAB) _ AGGREGATE _ $ 1,000,000 DIED 1. X RETENTION$ $0 $ xxxxxxx C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICEFUM EMBER EXCLUDED? N NIA Y 91 WEOFI 1000 7/I/2011 7/1/2012 X TORY LIMITS ER E.L. EACH ACCIDENT $ i)�0.000 E.L. DISEASE - E4 EMPLOYEE $ 1000 1 000. (Mandatory in NH) - - It yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 D ARCLIS & ENOS N N EOC9260026-04 6/1/2011 6/I/2012 PER CLAIM: $1,000,000. AGG: PROFESSIONAL $1,000,000. LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: CP TESTING AND MAINTENANCE OF PIPELINE, ELECTRICAL CONTINUITY AT OVERMYER RESERVOIR UNIT NO. 3 PUMPINT PLANT, THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED ON GENERAL AND AUTOMOBILE LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON-CON'I'RIBU1"ORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE APPLICABLE BY LAW. 13iL•J-lplail SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11173549 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 The ACORD name and logo are registered marks of ACORD reserved POLICY NUMBER: 37 CSE QU0950 EFFECTIVE DATE: 06/01/2011 NAMED INSURED AND ADDRESS: HDR, INC. 8404 INDIAN HILLS DRIVE ENDORSEMENT NO 46 OMAHA, NE 68114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the company, other than for non-payment or premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known postal mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the company or its agents or representatives. This endorsement does not change the policy except as shown. Form IH 12 00 04 98 (c) 1998, The Hartford (Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, Inc., 1994) Miscellaneous Attachment: M463061 Certificate ID: 11173549 POLICY NUMBER: 37 CSE QU0951 EFFECTIVE DATE,: 06/01/2011 NAMED INSURED AND ADDRESS: HDR, INC. 8404 INDIAN DILLS DRIVE ENDORSEMENT NO 107 OMAHA, NE 68114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the follow] ng.additional Conditions: A. If this policy is cancelled by the company, other than for non-payment or premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of preiniu111, or by the insured, notice of such cancellation wil I be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known postal mailing address of the certificate holder(s) on file with the agent of record or tite Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the company or its agents or representatives. This endorsement does not change the policy except as shown. Form IH 12 00 04 98 (c) 1998,.The Hartford (Includes copyrighted material of Insurance_ Services Office with its permission. Copyright, Insurance Services Office, Inc., 1994) Miscellaneous Attachment: M463060 Certificate ID: 11173549 Policy No. 37CSEQUO950 HARTFORD Included in General Liability Coverage Form HG 00 0106 05 Waiver Of Rights Of Recovery (Waiver of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against Such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Miscellaneous Attachment: M10654 Cedi0cate W: 11173549 NEW HAMPSHIRE INS. CO./INS. CO. STATE Of PE.NNSYLVANIA WORKERS'COMPENSA`I'ION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: 3621.1,95 36211.96 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (`Phis agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ALI., PERSONS AND/OR ORGANIZATIONS THAT REQUIRE IN A WRI-1-1.1EN CONTRACT OR AGREEMENT WITH THE INSURED, EXECU-PED PRIOR 1'0 AN ACCIDENT OR LOSS, TI•lAT WAIVER OF SU13R0CATI.ON 13E PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 00 03 :13 (Ed. 09-84 ) Copyright 1.983 National Council. on Compensation Insurance. EDR, INC. Miscellaneous Attachmont: M13279 Certificate ID: 11173549 PAGE 001 POLICY EFFECTIVE 06-01-10 Miscellaneous Attachment: M13279 Certificate ID: 11173549 POLICY NO. 37CSEQUO950 HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL R D BY CONTRACTOR AGREEMENT - OPTION 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL_ LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule above with whom you agreed in a written contract or written agreement to provide insurance such as is afforded under this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by: 1. Your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; b. In connection with your premises owned by or rented to you and shown in the Schedule; or c. In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products -completed operations hazard", but only if: (1). The written contractor agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (2). This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". 2. The acts or omissions of the additional insured in connection with their general supervision of your operations at the projects or locations designated in the Schedule. B. The insurance afforded to these additional insureds applies only: 1. If the "occurrence" or offense takes place subsequent to the execution of such written contract or written agreement; and 2. While such written contract or written agreement is in force, or until the end of the "policy period", whichever is earlier. C. With respect to the insurance afforded to these additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional architectural, engineering or surveying services by or for you, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; and Attachment Code: D452677 Certificate ID: 11173549 2. Supervisory, inspection, architectural or engineering activities. D. How Limits Apply To Additional Insureds The most we will pay on behalf of the additional insured shown in the Schedule is the lesser of; 1. The limits of insurance specified in the written contract or written agreement; or 2, The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. E. Duties Of Additional Insureds In The Event Of Occurrence, Offense, Claim Or Suit The Duties Condition in Section IV - Conditions is replaced by the following and applies to the additional insured shown in the Schedule: 1. Notice Of Occurrence Or Offense The additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: a. How, when and where the "occurrence" or offense took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the 'occurrence" or offense. 2. Notice Of Claim If a claim is made or "suit" is brought against the additional insured, the additional insured must: a. Immediately record the specifics of the claim or "suit" and the date received; and b. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. 3. Assistance And Cooperation Of The Insured The additional insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. Obligations At The Additional Insureds Own Cost No additional insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to the additional insured, such additional insured must submit such claim or "suit' to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. 6. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs 1. and 2. applies to the additional insured only when such "occurrence", offense, claim or "suit" is known to: a. The additional insured that is an individual,- b. Any partner, if the additional insured is a partnership; c. Any manager, if the additional insured is a limited liability company; d. Any "executive officer" or insurance manager, if the additional insured is a corporation; e. Any trustee, if the additional insured is a trust; or f. Any elected or appointed official, if the additional insured is a political subdivision or public entity. F. Other Insurance With respect to insurance provided to the additional insured shown in the Schedule, the Other Attachment Code: D452677 CoMficato ID: 11173649 Insurance Condition Section IV - Conditions is replaced by the following: 1. Primary Insurance a. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in 3. below. b. Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other insurance to which the additional. insured has been added as an additional insured or to other insurance described in paragraph 2. below. 2. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: a. Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; b. Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; c. Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; d. Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; e. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; or f. When You Are Added As An Additional Insured To Other Insurance That is any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Linder this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Attachment Coda: 0452677 Cortifcate ID; 11173549 POLICY NO. 37CSEQUO951 HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Name of Additional Insured Person(s) of Organization(s): THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. Attachment Code: D452678 CortiFicate ID: 11173549 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk June 7, 2011 HDR Engineering, Inc. Attn: Dr. Graham Bell, President 431 West Baseline Rd. Claremont, CA 91711 Dear Dr. Bell: Enclosed for your records is a copy of the Maintenance and Professional Services Contract between the City of Huntington Beach and HDR Engineering, Inc. for As - Needed Corrosion Engineering and Maintenance Services. Sincerely, Q#46i an L. Flynn, CMC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand