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HomeMy WebLinkAboutMoffatt & Nichol - 2013-08-057 � �. /� Dept. ID W 13-049 Page 1 of 2 Meeting Date: 8/5/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/5/2013 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 Professional Services Contract with Moffatt & Nichol to provide engineering services for the Huntington Harbour Waterline Project and Harbour Dredging Analysis. Statement of Issue: A proposal was received from Moffatt & Nichol for a professional engineering services agreement to provide the Public Works Department with engineering services for the Huntington Harbour Waterline project, and Harbour Dredging Evaluation. Staff is seeking City Council approval to contract with Moffatt & Nichol for these services. Financial Impact: Funds in the amount of $45,000 are available in General Fund account 10040314.82800, Capital Projects, and $255,000 is available in the Water Fund account 50691006.82100, Water Main Replacement. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Moffatt & Nichol for engineering services related to the Huntington Harbour Waterline and Maintenance Dredging Projects" in an amount not to exceed $300, 000. Alternative Action(s): Direct staff to request proposals from other engineering firms. Analysis: Huntington Harbour was constructed in the 1960's and developed into a residential area. Approximately 3,000 recreational boats are berthed in Huntington Harbour. Majority of the smaller navigable waterways within the harbor are maintained by City of Huntington Beach, with some of the area being privately owned and maintained. The major wider navigable waterways are under either state or county jurisdiction, and are maintained by County of Orange, OC Parks. Through an RFP process, in the spring of 2013, the County of Orange, OC Parks, awarded Moffatt & Nichol a contract to provide engineering services to evaluate and dredge the area under County jurisdiction, a project known as the Sunset/Huntington Harbour Maintenance Dredging Project. In addition, the City has two projects within the Harbour area. These two projects are: 1. Water Main Replacement Project — Huntington Harbour Waterline Project HB -485- Item 20. - I Dept. ID PW 13-049 Page 2 of 2 Meeting Date: 8/5l2013 2. Harbor Dredging Evaluation Since the County's dredging project impacts a large section of the harbor area, and must address any environmental sensitive issues, staff believed this was an opportune time to proceed with the City's two projects by piggybacking on the County's' environmental document. This collaboration with the County will save the City hundreds of hours of staff time and allow the waterline project to be accelerated while also minimizing project costs and construction impacts to the harbor area by performing the waterline project at the same time as the proposed dredging project by the County. Retaining Moffatt & Nichol for the two City projects would be the most efficient method to ensure project consistency, scheduling, and communication with the County. The County's tentative schedule is to begin construction in Fall of 2014, and complete by Spring of 2015. The agreement will allow for a three-year contract term, with a not to exceed limit of $300,000. Public Works Commission Action: Not required for this action Environmental Status: Not applicable for this action Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Moffatt & Nichol for Engineering Services Related to the Huntington Harbour Waterline and Maintenance Dredging Projects Item 20. - 2 HB -486- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND )W O MOFFATT P AS & NICHOL FOR ENGINEERING SERVICES RELATED TO THE HUNTINGTON HARBOUR WATERLINE AND MAINTENANCE DREDGING PROJECTS 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 Moffat & Nichol, a California corporation hereinafter referred to Moffat as "CONSULTANT." 1 WHEREAS, CITY desires to engage the services of a consultant to provide engineering services related to the Huntington Harbour Waterline and Maintenance Dredging Projects; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in CONSULTANT's Proposal dated July 8, 2013 (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." 13-3782/99654 Page 1 of 1L CONSULTANT hereby designates Russell H. Boudreau, 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. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on August,15, 2013 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Thousand Dollars ($300,000.00). 13-3782/99654 Page 2 of 1.2 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged 13-3782/99654 Page 3 of 12- negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. 13-3782/99654 Page 4 of 12 CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty 13-3782/99654 Page 5 of 1 Z (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and 13-3782/99654 Page 6 of 1•2 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 depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by 13-3782/99654 Page 7 of IL notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Moffatt Moffat & Nichol 3780 Kilroy Airport Way, Suite 750 Long Beach, CA 90806 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. 13-3782/99654 Page 8 of IL If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be 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. 13-3782/99654 Page 9 of 12 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing 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. 13-3782/99654 Page 10 of 1 Z 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 13-3782/99654 Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, MOFFATT'MOFT-XT & NICHOL, a California corporation By: iLl�acy i ,5' McCc print name ITS: (circle one) Chairman/Presiden ice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California e By - INITIATED AND APPRO ED: print name ITS: (circle one) K tarp Chief Financial Officer/Asst. Secretary - Treasurer Director of Public Works APPROVED AS TO FORM: 5 T City A rney 'II , l�5 • I lb 13-3782/99654 Page 12 of 12 EXHIBIT "A" MOFE417 &: NI HOL July 8, 2013 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA 92648-2702 Attn: Lili Hernandez ,uii c,� rig SeZ C r _r- �55'. 24 ?.t 9' Subject: Scope and Pee Proposal for Huntington Harbour Waterline and Maintenance Dredging Projects Dear Ms. Hernandez: Per your request, we are providing a proposed scope and fee for the Huntington Harbour maintenance dredging and waterline projects. Our understanding of the project is as follows: Maintenance Dredging • The City desires to understand the maintenance dredging needs of Huntington Harbour for the areas within the responsibility of the City (including areas of the Harbour owned by private entities) as shown in Attachment 1. Waterline • The City desires to install a 14-inch diameter waterline across the Huntington Harbour main channel as shown in the Attachment 2 graphic. • The City desires to do this synergistically with the County of Orange Sunset / Huntington Harbour maintenance dredging project. • The City desires to utilize the "Dredging" construction method defined in the 2011 Harris & Associates study report. Proposed Scope of Work We have separated the scope of work into two parts — one for the maintenance dredging work and one for the waterline work. Maintenance Dredging The proposed scope for the maintenance dredging is to perform a hydrographic survey of the Huntington Harbour footprint shown in Attachment 1 and as outlined in Attachments 3 and 4. The survey costs assume that this (City) survey will be done at the same time as the County project survey. The deliverable from this task will be a contours map in CAD and PDF format. Additional (optional) services which we could provide are: • Task A-2. Identify areas needing dredging based on our understanding of the design depths of the Harbour and the results of the hydrographic survey. This will be depicted by a color -coded graphic showing the various dredge removal amounts (in feet) necessary to meet design depths within the Harbour. We will also provide a preliminary estimate of the dredging quantities necessary to meet design depths. Task A-3. Meet with City staff to present the results and discuss next steps. It is anticipated that, even though there may be some areas which are not at design depths, the City may not need to dredge in these areas based on the type of vessels using these areas. Waterline Project Our proposed comprehensive scope for the waterline work includes preparation of engineering plans, specifications and cost estimates, permits processing, environmental review, eelgrass and caulerpa surveys, and sediment characterization. Although not specifically requested, we are also providing a scope and fee for engineering support during construction. A detailed description of each of our proposed tasks is provided in Attachment 5. In addition to the basic effort, there are some other potential items which would be implemented based on future need. These items, described below, are provided as separate cost items in the fee spreadsheet. Task B-5. If the Main Channel waterline crossing area does not require maintenance dredging and thus additional eelgrass and caulerpa studies of the area are required, then this work would need to be implemented under the City contract. It is assumed though that if this City scope was required, it would be done synergistically with the County project, e.g. one combined mitigation plan and utilization of County efforts to maximum extent possible. • Task B-7. The cost for sediment characterization has been broken into subtasks that can be implemented incrementally as necessary. We are anticipating that the regulatory agencies will require some level of sediment characterization and the minimal requirements are reflected in the "base" costs. The need for additional characterization will be dependent on the results of the first "base" phase testing and thus the scope and fee for the latter phase is provided as a potential additional (separate) cost item. A complete discussion of this is provided in Attachment 6. • Task B-10. The fee for engineering support during bidding and construction is included as an optional additional item. Upon implementation of this project, a detailed schedule will be developed, but preliminarily it is anticipated that permitting, CEQA, and PS&E will be completed in approximately 12 months after NTP. This assumes that NTP will be issued in July to enable a parallel -track schedule with the County dredge project. Proposed Fee Our proposed total basic fee is $194,874. A breakdown of the hours per task and key assumptions are provided in Attachment 7. In addition to the basic effort, there are some other potential items, for both the dredging and waterline scopes of work as described above, which could be implemented based on future need. These items are provided as separate cost items in the Attachment 7 fee spreadsheet. 2 Lastly, a summary of our project team's qualifications are provided in Attachment 8. Please contact me at 562-426-9551 with any questions or if you require additional information. We look forward to working with the City on this project. Sincerely, MOFFATT & NICHOL Kim Garvey Project Manager 1 Coastal Engineer Enclosures Attachment 1 Dredging Survey Footprint The water areas shaded in orange are the basic areas proposed herein, and include the areas owned by the City of Huntington Beach and also Coral Cay lagoon. Note: there is a small channel between Bayview Drive and PCH which is included in the City footprint. In the County -provided color -coded graphic from the meeting, this area was colored yellow meaning a County responsibility; however, per Susan Brodeur (County staff), this area is now City responsibility based on the recent incorporation of Sunset Beach. Other areas are: - dark blue — Peter's Landing marina — ownership not clear; - light blue (cyan) — Portofino Cove marina (private homeowners association); and - brown — Coral Cay lagoon (private homeowners association). The areas which are part of the County of Orange maintenance dredging project, via contract to Moffatt & Nichol, are shown by the yellow and pink outlines. m � I 4�1 0 UP Scope of Work — Maintenance Dredging Task A-1 — Hydrographic Survey This initial task is to perform a hydrographic survey of the Huntington Harbour footprint shown in Attachment 1. The deliverable from this task will be a contours map in CAD and PDF format. Other assumptions are listed in the attached GBA proposal letter dated April 11, 2013 (Attachment 4). Additional services which we could provide are: Task A-2 — Dredge Quantity Estimates Identify areas needing dredging based on our understanding of the design depths of the Harbour and the results of the hydrographic survey. This will be depicted by a color -coded graphic showing the various dredge removal amounts (in feet) necessary to meet design depths within the Harbour. We will also provide a preliminary estimate of the dredging quantities necessary to meet design depths. Task A-3 — Meeting, with City to Discuss Results Meet with City staff to present the results and discuss next steps. It is anticipated that, even though there may be some areas which are not at design depths, the City may not need to dredge in these areas based on the type of vessels using these areas. 0 Attachment 4 Hydrographic Survey Description and Assumptions 10 Gahagan & Bryant Associates, Inc. 263 Wharf Street Terminal Island San Pedro, CA 90731 (310) 521-8127 Fax (310) 521-8235 gbalosangeles@gba-inc.com Moffatt & Nichol 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 562-426-9551 ENGINEERS * SURVEYORS April 11, 2013 RE: Proposal for Investigative Hydrographic Survey of Huntington Harbour Huntington, CA Ms. Garvey, Gahagan & Bryant Associates, Inc. (GBA) is pleased to present our proposal for hydrographic surveying services of the above referenced area as outlined on the map provided by Moffatt & Nichol on April 09, 2013. This proposal addresses the survey requirements and is based on the following assumptions: • It is assumed coordination and approval with Huntington Harbour will be done by Moffatt & Nichol to allow GBA's survey vessel waterside access to the channels, the individual marina fairways, ponds and beach areas. It is assumed the hydrographic survey of the main site and any or all optional sites will be done in one mobilization episode. • This proposal does not include any lead line or pole soundings of the individual slips or along gangways. • GBA assumes sufficient horizontal and vertical survey control exists in the immediate area. • The hydrographic survey will primarily utilize multi beam supplemented with single beam soundings. Our multi beam vessel cannot safely navigate in shallow areas, in areas with narrow access limitations or in areas with no navigable access. Our single beam, shallow draft skiff will be required to obtain hydrographic data in these areas. Multi beam and single beam survey accuracies will adhere to the standards set forth in the U.S. Army Corps of Engineers, Hydrographic Surveying Manual, EM 1110-2-1003. Horizontal positioning will be DGPS with sub meter accuracies utilizing Coast Guard Navigational Beacon corrections. • Deliverables will be a AutoCAD and PDF bathymetry contour map and an x,y,z data file and will be submitted within 5 days of completion of the survey. Any additional deliverables i.e. volumes, delta maps, cross sections, 3-D imagery will be done at an hourly rate of $130.00/hr. The boat owner's slips are assumed to be active with vessels in slips and/or end tied. GBA will safely navigate the survey vessel along the channel limits and down the individual fairways in close proximity of docked vessel to obtain maximum coverage. Data gaps will exist in the individual slips and along/under the gangways. • It is requested to have a three week survey window in order schedule and optimize high tides during the daylight hours. .Baltimore, MD Houston, TX Wilmington, DE Novato, CA Wilmington; N- Tampa, FL (410) 682-5595 (832) 518-2212 (302) 652-4948 (415) 883-7683 (910) 313-3338 (813) 831-4408 Gahagan & Bryant Associates, Inc. 263 Wharf Street Terminal Island San Pedro, CA 90731 (310) 521-8127 Fax (310) 521-8235 gbalosangeles@gba-inc.com ENGINEERS it SURVEYORS Gahagan & Bryant Associates offers the lump sum rate for the conditional hydrographic surveys as outlined below: Orange Area (Main Area): Description: Da s : Daily Rate: Sub Total: Multi Beam Hydro Survey: 3.0 $ 4,400.00 $13,200.00 Single Beam Hydro Survey: 0.5 $ 2,800.00 $ 1,400.00 Deliverables: L.S. 2 100.00 Sub Total: $16,700.00 Blue Area (optional): Description: Da s : Daily Rate: Sub Total: Multi Beam Hydro Survey: 0.5 $ 4,400.00 $ 2,200.00 Deliverables: L.S. $ 500.00 Sub Total: $ 2,700.00 Cvan Area (optional): Description: Da s : Daily Rate: Sub Total: Multi Beam Hydro Survey: 0.5 $ 4,400.00 $ 2,200.00 Deliverables: L.S. $ 400.00 Sub Total: $ 2,600.00 Grand Total: $22,000.00 GBA would like to thank you for the opportunity to present our proposal and if you have any questions or require additional information, please don't hesitate to contact me at 310-261-1612. Sincerely, David J. Eller Vice President Gahagan & Bryant Associates Cc: file Baltimore, MD Houston, TX Wilmington, DE Novato, CA Wilmington, NC Tampa, FL (410) 682-5595 (832) 518-2212 (302) 652-4948 (415) 883-7683 (910) 313-3338 (813),831-4408 MOITATT & NICHOL Attachment 5 Scope of Work - Waterline 13 Scope of Work — Waterline Task B-1 — Data Gathering / Utilities Investi atg ion In addition to the previous studies received from the City that we have already reviewed, we will also work with City staff to identify any other relevant data. This will include gathering of As - Built plans, City GIS records, and any other available record data for inclusion in the base utility map for existing substructures. A utilities investigation will be performed to identify utilities in the project area. This research will include searching for available record wet and dry utility data within or adjacent to the project limits. Underground utilities will be mapped by record public information and potholing. Potholing of existing utilities and substructures in Typhoon and Grimaud along the proposed route of the water line will be performed by SAF-R-DIG, and the results will be included on the base map as necessary. Task B-2 — Visual Bulkhead Inspection M&N will conduct a site visit to visually verify the existing field condition of the existing bulkhead, in the location of the waterline penetration, and look for any major, obvious deficiencies. This is not intended to be a detailed or underwater inspection and is only to ascertain the general condition of the bulkhead wall. The design intent of coring through the wall for the proposed waterline will incorporate surface -applied carbon fiber reinforcing to account for the loss of rebar tension resistance that will be lost when major rebar is removed during the coring process. However, if there is a visual evidence of a potential major structural issue (large cracks), then the design may be to cut out and replace a short section of bulkhead wall and adding the proper reinforcing bars around the new pipe penetration to support the tensile forces. Task B-3 - Plans, Specifications and Cost Estimates (PS&E). M&N will design and prepare construction documents for the construction of a new 14" diameter water line across the Huntington Harbour Main Channel to the connect the existing water systems at Typhoon LaneNenture Drive knuckle to the existing water line at Grimaud Lane cul- de-sac. It is our understanding that after consideration of several alternatives the dredge cut open trench construction method will be used for this project. PS&E will be prepared and submitted at 50%, 90%, and Final Design levels, as is will be done for the County dredging project. The delivery package will include stamped and wet signed, both in hard copy and electronic format of the plans. Although the waterline work will be separate plan sheets, it will be incorporated and included in the plan set for the County dredging project. All design criteria shall be in accordance with the City of Huntington Beach, Orange County and the Orange County Water District requirements. 14 h A hk -,7- -,7 - Plans M&N will perform a review and analysis of the proposed pipeline crossing construction method of trenching by dredging across the channel and conventional trench excavation and backfill at the shoreline outside the Harbour Channel limits. M&N will prepare one set, plan and profile, of Water improvement plans in accordance with the City of Huntington Beach standards. The plans will be prepared at 1" = 40' H; 1"= 4' V. The street improvement plans will be used as the base sheets for the Water plans. If available a digitized aerial photo map will be superimposed on the street improvement plans to cover the Harbour Channel. -Design and Detail drawings will be prepared for the pipeline restraints and/or anchoring systems, concrete backfill at dredged crossing, water line encasement pipe (if required) and trenching sections for both the onshore and dredge portions. A detail will be provided for the pipeline penetration through the existing concrete bulkhead wall at the Typhoon Lane side of the Harbour Channel. Specifications M&N will prepare construction specifications for Civil work for the project, as well as Contract Special Provisions. CSI Master Specifications and Standard Specifications for Public Works Construction will be used and modified specifically for this project as needed. Cost Estimate M&N will prepare a quantities estimate and engineers opinion of probable costs for the construction of the proposed improvements identified in the final engineering phase. The estimate will only include construction cost based on the current industry standards. Task B-4 - Environmental Review. The impact analysis of the water line will be combined with the impacts associated with the County's dredging project in the same CEQA document (anticipated to be an Initial Study/Mitigated Negative Declaration [IS/M1,4D]). This task will focus on the additional efforts to evaluate the environmental effects associated with the installation of the water line. The following additional efforts are anticipated as part of the IS/MND for the water line component: • Project Description — additional project description elements associated with the engineering and construction will be researched and included in the IS/MND. • Existing Conditions — existing conditions associated with the water supply system, as well as the affected land uses near J. Prince Park and the beach landing sites will be described. • Biological Resources — a biological resources study will be performed at J. Prince Park and the beach landing sites to document existing plant and wildlife resources, and identify any impacts and potential mitigation measures. Note: the County dredge project 15 hdh7 does not include any landside work so no terrestrial biology studies are included in that contract. • Air Quality Impact and GHG Analysis - air quality and Green House Gas (GHG) emissions will be calculated for the construction aspects of the water line project. • Cultural Resources — a cultural resources survey will be conducted at J. Prince Park and the beach landing sites. Note: the County dredge project does not include any landside work so no cultural resources studies are included in that contract. • Noise — A noise impact assessment will be conducted to document existing noise levels at J. Prince Park and the beach landing sites, and noise modeling will be conducted to determine potential construction noise impacts to surrounding residential receptors. Note: the County dredge project does not include any detailed noise modeling, but because of the City project's proximity to residences, we think this should be performed. • Water Quality —water quality impacts associated with erosion from construction activities will be evaluated and mitigation measures will be identified. • Geotechnical — results of the geotechnical analysis will be incorporated into the IS/MND. • Admin Draft IS/MND — Additional comments from the City of Huntington Beach are anticipated on the Admin Draft IS/MND, which will be incorporated into the document. • Attendance at Meetings— Attendance at one City of Huntington Beach Planning Commission/City Council hearing is anticipated. Task B-5 — Marine Biology Surveys and Eelgrass Mitigation Plan This task will be done in support of the CEQA and permitting processes. The scope and fee assumes that the Main Channel waterline crossing area does not require maintenance dredging and thus additional eelgrass and caulerpa studies of the area are required. It does however assume that the additional eelgrass work (additional survey area and mitigation planning) could be done synergistically with the County project, e.g. one combined mitigation plan and utilization of County efforts to maximum extent possible. The following additional efforts are anticipated as part of the eelgrass work for the water line component: • Marine Biological Survey. This survey will be a one -day field survey conducted by CRM scientists to identify marine biological habitats and marine organisms living in the shallow water areas, channel habitats, and the pocket beach at the end of Grimaud Lane in the vicinity of the water line route. While we will inventory the general communities of marine organisms we will focus on the presence of sensitive and invasive algae species including eelgrass (Zostera marina) and invasive algae (Caulerpa tarifolia). From our previous work in the Harbour and our knowledge of the system, eelgrass is likely to be present at the Trinidad Island landfall area. Where feasible, we will utilize our survey efforts that will be conducted during the County's harbor maintenance dredging project marine biological field surveys. 16 Who • Marine Biological Survey Report and Project Impact Assessment. This report will identify marine biological resources in the water line project area and identify potential short -and long-term impacts to marine biological habitats and organisms per requirements of CEQA and local City of Huntington Beach environmental policy. If potential effects on marine resources are deemed significant, then Best Management Practices (BMPs) and mitigation measures will be identified to reduce potential project construction and long-term impacts on marine resources and to offset potential losses of habitats and/or organisms, for example the short-term or long-term losses of eelgrass associated with sediment excavation and placement of the water line across the channel. • Draft Eelgrass Mitigation Plan. In the event that the project will result in a reduction of eelgrass vegetation, then CRM will prepare a draft conceptual mitigation plan that will identify mitigation alternatives including but not limited to eelgrass transplants to offset eelgrass losses. This plan will be prepared under the guidelines of the most current version of the Southern California Eelgrass Mitigation Policy. • Pre -Construction Eelgrass and Caulerpa Surveys and Reports. In compliance with the Southern California Eelgrass Mitigation Policy (National Marine Fisheries Service, 1991 as amended), and the NOAA Caulerpa Survey Protocol (NMFS 2008, Ver 4), CRM will conduct a focused pre -construction survey along the water line route prior to construction to determine the presence, abundance, and location of eelgrass; conduct an invasive algae survey to determine the presence/absence of invasive algae; prepare an impact assessment to determine the amount of eelgrass potentially impacted by the project; and prepare a draft final detailed mitigation plan to offset eelgrass habitat losses. • Post -Construction Survey, Reports, and Final Eelgrass Mitigation Plan. In compliance with the Southern California Eelgrass Mitigation Policy (National Marine Fisheries Service, 1991 as amended), CRM will conduct a focused post -construction survey prior to water line construction to determine overall impacts to marine habitats due to the construction of the water line project, but focusing on the presence, abundance, and location of eelgrass; prepare an impact assessment to determine the final amount of eelgrass impacted by the project; and prepare a final detailed mitigation plan to offset eelgrass habitat losses. This survey effort assumes no invasive algae was found within the project area during the pre -construction survey. It should be noted that eelgrass transplanting and post -transplant monitoring is not included in this scope and fee as it is impossible to quantify this without knowing the ultimate eelgrass mitigation required. In the event that eelgrass is impacted by the project, CRM can conduct an eelgrass transplant and monitor the success of the eelgrass transplant over a five-year period as required by the Southern California Eelgrass Mitigation Policy (NMFS 1991, as amended). A cost analysis for this effort can be prepared following the initial field survey, a determination of how much eelgrass can be potentially affected by the project and if the City's water line eelgrass mitigation program can be conducted in association with the County's dredging project. 17 hip Task B-6 - Permitting. Regulatory Permits The regulatory permitting of the water line will be combined with the permitting associated with the County's dredging project, with the exception of the California State Lands Commission lease agreement. Based on initial discussions, State Lands staff has indicated that separate lease agreements will be required for the City and County projects. It is assumed that the only City permits required are those to be acquired by the construction Contractor and that City easements and/or City property ownership are already in place for the landside waterline locations. The County dredging project scope currently includes the following permits/approvals: • U.S. Army Corps of Engineers Section 10/404/103 Permit • Regional Water Quality Control Board 401 Certification • California Coastal Commission Coastal Development Permit. • California State Lands Commission (CSLC) Lease Agreement For the first three permits, the additional permitting effort for the waterline project will be associated with: inclusion of the waterline in "pre -application" discussions with agency staff, inclusion of the waterline in the project description, identification of additional project impacts, and additional applicant information required for permit applications; response to questions and information requests from the agencies during the permitting process; and preparation of additional graphics as necessary throughout the permitting process. Coordination and consultation with the California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, and National Marine Fisheries is also included. A separate State Lands lease agreement application will be prepared and developed. To the maximum extent practical, information developed for the County lease agreement will be utilized. This effort will include preparation of a separate lease application and follow-up coordination with the CSLC staff. Attendance at the CSLC hearing is assumed to not be required and is thus not included. Also, we have not included any work associated with a County of Orange easement agreement. If one is ultimately required, it is assumed that this would be developed as part of the City and County MOU for construction process. NPDES / SWPPP & Plan Approvals Per the regulations of the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES), a General Permit for storm water discharges associated with construction activities will be required and possibly a General Linear Utility permit also. A Storm Water Pollution Prevention Plan (SWPPP) will be prepared by a certified Qualified SWPPP Developer (QSD) and submitted to the City for review and approval. Once approved, an electronic file will be submitted to the City along with an electronic copy to the State via the SMARTS system. The SWPPP shall only address construction activity directly related to the onshore trenching and dredging activities for this project improvement. 18 Provide personnel and administrative assistance time as required for the processing of the various improvements plans and construction documents with City. It is anticipated that the improvement plans will be processed with the City of Huntington Beach Engineering Department.The plans will be approved to a point ready to be pulled for permit by the contractor. Task B-7 - Sediment Characterization. This task has been broken into two phases. We are anticipating that the regulatory agencies will require at least some level of sediment characterization which includes sediment elutriate and bulk chemistry testing and this is provided as Task B-7a. The need for a latter phase (Task B-7b) scope will be dependent on the results of the first phase bulk chemistry testing. The latter phase will be the Tier III bioaccumulation testing required for open ocean LA-2 site disposal and/or for upland disposal, the need for both of which is also based on the assumption that all cut material cannot be re -used as fill within the harbour. A comprehensive discussion of this effort is provided in Attachment 6. Task B-8 - Groundwater Characterization. The previous waterline studies discuss the need for landside groundwater dewatering during construction. Groundwater dewatering must be done in conformance with the Regional Water Quality Control Board's General NPDES Permit requirement and it is possible that the groundwater wastewater may need to be treated prior to discharge. Providing this characterization of the groundwater water quality as part of the bid documents will enable the construction contractor to adequately scope and bid this effort. This task is to obtain two groundwater samples, one on each landside end of the waterline, in addition to a sample of the adjacent Harbour water (wastewater discharge site). These water samples would be tested for the effluents listed in the NPDES permit. This scope does not include groundwater monitoring during construction as that would be done by the construction contractor. Task B-9 - Project Management and Meetings with City. This task includes development and tracking of a detailed project schedule. Also included are financial management, including monthly invoices, subcontractors management, and coordination with City staff. It is assumed that one kick-off meeting and two progress meetings would be conducted with City staff. Task B-10 - Engineering Support During Bidding and Construction M&N will provide support during bidding, including support to the County and City for bid documents preparation, responding to bidders' questions, and issuing addenda (limited to two). M&N will provide construction administration services. Assumed reviews are limited to 20 Requests for Information (RFIs) and 10 Product Submittals. 19 hAO M&N will visit the site at intervals appropriate to the stage of construction, milestones or as otherwise agreed by the Client, to become generally familiar with the progress and quality of the work and to see whether construction is proceeding in accordance with the construction documents. On the basis of such site visits, the civil engineer shall keep the City informed of the progress and quality of the work. A written report of the civil engineer's findings shall be prepared at the conclusion of each site visit and be forwarded to the City. 20 Attachment 6 Sediment Characterization Approach 21 Task B-7 Scope of Work / Approach Huntington Harbor Water Line Crossing KLI, June 18, 2013 The City of Huntington Beach needs to replace an aging pipeline to Trinidad Island that crosses the Main Channel of Huntington Harbor. In order to do so, an eight foot deep trench needs to be dredged across the Main Channel. It is our understanding that most of the dredged material will be side casted and then reused to fill the trench once the new pipeline is in place. Total dredge volume should be less than 1000 cubic yards. According to Section 260.60 (c) and (d) of 40CFR, 'Where the discharge site is adjacent to the extraction site and subject to the same sources of contaminants, and materials at the two sites are substantially similar, the fact that the material to be discharged may be a carrier of contaminants is not likely to result in degradation of the disposal site. In such circumstances, when dissolved material and suspended particulates can be controlled to prevent carrying pollutants to less contaminated areas, testing will not -be required." Based on the statement above, testing should not be required by the Corps and EPA if proper engineering controls are put in place. However, if some of the material needs to go elsewhere, then testing would be required. Furthermore, the Regional Water Quality Control Board may require elutriate testing prior to issuing a Water Quality Certification. Therefore for the purpose of this proposal, we are assuming that elutriate testing is necessary and that some of the material may go elsewhere. We propose to collect three (3) evenly spaced cores along the length of the pipeline crossing. Each core will represent the material from the mudline down to an elevation of 10 feet below the design elevation. The 10 feet below the design elevation includes two feet for overdredge testing. A representative amount of sediment from each core will be placed in a glass jar and archived in case additional chemical analyses are required that are not assumed in this proposal. Representative amounts of sediment from each core will also be combined together to forma single composite sample. Enough sediment will be collected to perform full Tier III ocean disposal testing if it becomes required. Costs provided assume that sampling of the pipeline sediments will be done in conjunction with sampling Sunset Harbor sediments. To address potential Regional Board requirements, we propose to use Inland Testing Manual (ITM) guidance for determining water quality effects at a disposal site. This guidance recommends that standard elutriate be prepared from the composite sediments. The standard elutriate sample along with a sample of background water would be analyzed for soluble constituents (i.e., metals). In addition, suspended particulate phase bioassays will be run using 3 species of organisms and four dilutions of elutriate (100%, 50%, 10% and 1%). Mixing models are then run on these data to see if there will be any impact at the disposal site. These tests should address water quality concerns for both side casting and ocean disposal. Since a portion of the dredge material may go elsewhere, we are also recommending that bulk sediment chemistry be run on the sediment composite sample. Hopefully this will provide enough information at the Tier II level for the regulating agencies to approve alternative placement options for this small of a volume of material. Worst case, the material would require full ocean disposal testing if any of the material is being considered for placement at LA2. Additional testing not already specified would be solid phase bioassays using amphipods and polychaetes and bioaccumulation testing using clams and polychaetes. We provided costs for these additional.tests as option items. These optional costs assume that testing will be done in conjunction with testing for Sunset Harbor. As such, reference sediment collection and testing would not need to be repeated. Bulk sediment chemical and physical analyses to be performed on the single composite sample are as follows: • Grain size characteristics • Metals (As, Cd, Cr, Cu, Hg, Ni, Pb, Se, Ag and Zn) • Percent solids • Total ammonia • TVS • Oil and grease • TRPH • Total sulfides • Water soluble sulfides • TOC • Butyltins • Chlorinated pesticides • PCB Aroclors and congeners • Phenols • Phthalates • PAHs If bioaccumulation testing is necessary, ten tissue samples will be produced and the following tissue analyses are assumed: • Metals including mercury • Chlorinated pesticides • PCB Aroclors and congeners • PAHs • Lipid content • Moisture content Additional testing is required to assess potential impacts of placing the dredge material at an upland site. To determine if there are potential impacts to receiving waters during the return of decant water after placement at an upland site, modified (effluent) elutriate samples will be prepared and analyzed for TSS and total and dissolved metals. in addition, the modified elutriates will be subjected to five dilution water column bioassays using bivalve larvae or mysid shrimp. To determine if there are any potential impacts to ground water or receiving water through the leaching of contaminants, DI -WET extracts will be prepared from the composite samples and analyzed for dissolved metals, including mercury, and hardness. We provided costs for these additional tests also as option items. Costs assume that a separate Sampling and Analysis Plan (SAP) and report will not be prepared for this project and instead all aspects of this project will be incorporated into the County's SAP and report for Sunset Harbor and the Huntington Harbor Main Channel. Attachment 7 Fee 24 hgkq Proposed Fee ............ ..... PA�i hl g LeM1Le d:1 lk .0. Cosart, Frillri lsul� Clai CA D I 'Lnkil Submits iDOCe 4 $t 1 7'r $125 $78 $14K l�V $1 2 $1P1 .9sin E hA­&",i Kn,nTah: �'ii 606� CF nhntili to or 60 L.6c, DOC SAP R.CIG _Lsbor Cii Task Totals T.skA-1 -Hydn.gaphic Survey 2 $1910 $2,200 $22,.D $26,110 Watafline Task B-1 - Dets Gediii 4— 8 24 21 $9,732 $1 $ 11113 21 Task 13�2 -Viii Bulkhead Inspection Tas k B-3 - Plans,,Spand Cost E.bnate. Task 34 - En,­nantel R­ 6 �4 2 4 24 24 1 16 8 4 128_ so $1,uES 15n,752 $5,402 $4. $400 $1 7170 $16,615, M, $ 1,0: $56,152 $24,112 Tiii iii-; - m... O'cl.gy Su­y. and E.1g... UtIguitIon Plan - Sea Below _2 Sea below TeakIM-Piumitti,ig' 6 32 1 32 6 100 8 1 16_8 30662 $4. $31,062 -- - ---------- B-7e-ltalChas,tenaitc, 12 $2292 $1,499 $.,44 $6,5.7 i18,777 10-76 4 $5111 $20W; $1 , 310 Sea .1oi, $4,605 Tauik[34!G undwa-Charactenoilbon $71111 -P"tact v'-ge and 8 City Nie.t'ge 4 14 —$51r So Task B- 10 - Eng,n ii Support Dunng B,i en d C ... tmci So, Below i I sea b.1o'. M&N Total (Labor and ODC�i$130,103 I GBA Total �$22,DOD KLI Total $18,298 lCFTotml $17,DOO CRMToi SRD Total I Total Fee - Maintenance Dredging and Waterline - Not Including Potential Additional Tasks $194,874 PotenUalAddlifortal Tasks Lbi,bnance Drai Test, A - Cadge Quentify Eidimetas 2 12 $13,'I"aft $o 3,488 Task A-3 - %ining w in Cny to D­­ Results 2 $1,648 mwfli'. Task B-5 - Mi— Biology S—ye and Eii OhiguitIon Plan 32 $10r164 $1,2"0 $121 $24.1 44 Te. B-7b �d1h.naiTcT.rih.iS.d1TIi Chan-fiii - - ----- __1­1111111 I I'll 1 11 — . ­­ , 1 - -------- --- �B-7b I T,,I,,g6,0p,n Cc8sn(LA-?)Sad­8rnD,,p ce 1 "SM4 $2,379 . . .... .. ........ . ..... 56650 $17 ' 141 .... — -- ----------- -- $28,934 I �' ln��., � �pl Oep - $3v I i­ 411 ­ - ! - 1812 $2,29 $ , $4,894 Task B- 10 - Engiii Support Dunng S,dd,,g and Construction 15 BO 4 44 I6 4 $29,T361 $29,436 32 llevAssutpotions / Notes, _ - - - , I -or 1. Itins—umaddietthe pr­ i geosschn,cal studies wit be diiq­ for not engineering and thus p, now goossch i in—big.tone mly red In this ... p ard-flia ....... 21 Scope/fee easumIi. m1fig.tioi, plan p nec .... fy. 3. Perm applicaton and plan check fsee an. not,included. fti, d th,tth, City of Huntrigion Beach will pjay all pi ... ei s pili and plan check fees 4. Sedim-tcharicssf—t- to, the scopii as defined in Atsichi 4 11 Ippfawd by SC-DMNGT agencies.: 5 Scapa/fee iissumse M& N attendance atone kick ­off mi and M, pcgreas m setrige with City staff, i to, a Hands— at the C EQA public copl,g neetrig., SC_D"mT mesh g."'d C ... be I C.'"'i H—Ing er, in the C.-ty ..nt,..t S. Task 7 KLI CDC is sedume,tcharriety,nd bi,l,gli ... y1ballbist,osse Task 4_1CF_D_DC,s R,p,., Postage, Su—y. end R.Pc'S r i ODC a i In 11i and sub- ntrizi r adminimtraton. 17. Sii not identifled,ri the Scope of Work shell b, cans dared Tiatonati nii based up., 25 MOFF.ITT 8 `NiCAC1L 61,dhiqq moffatt & nichol RATE SCHEDULE FOR PROFESSIONAL SERVICES Effective JulV 1, 2012 Until Revised CLASSIFICATION HOURLY RATES PROFESSIONALS Supmasory Enmeer`Scientist $ 2214.00 Senior Engineer/Scientist $ 203_00 Enmeer--'Scient st III $ 191.00 ELineerlScientist II $ 169. 3 EngineeriScientist I $ 147_0 Staff EnpineerScientist $ 117-00 TECHNICIANS Senior Technician $ 163-000 Designer $ 153_00 C4DD II $ 125-00 CADD I $ 95_00 CLERICAL VG'ord Processing $ 95.00 General Glencai S 76_00 SPECIAL Principal En*ineer'Scientist $ 250-00 Deposition & Trial Testin-k-my $ 315-0 of kid' 9 MOFF.ATT & .\ Cf of Attachment 8 Project 'Team 27 Proiect Team Moffatt & Nichol (M&N) will lead the project. Since our founding in 1945, successful and innovative waterfront engineering design projects have been Moffatt & Nichol's hallmark. M&N provides full engineering support and allows client access to more than 560 professional and technical staff, many of which are specialists in civil and coastal engineering work. Staff in other areas of expertise includes transportation and environmental planners, structural, mechanical, electrical, water resources and construction inspection. Our staff stays on the leading edge of technology and design, including incorporating sustainable designs and keeping up with the latest industry trends and using the best these have to offer, including the Institute for Sustainable Infrastructure (ISI) Certification process. M&N has a long history of assisting Southern California municipalities and other public entities by providing planning, design, and construction support services for an array of infrastructure projects, ranging from relatively small public works improvements to large- scale, complex projects involving multiple disciplines. Key staff from M&N are: • Kimberly (Kim) Garvey will be the project manager. She is currently the project manager for the County of Orange Sunset Harbour maintenance project. Kim is a coastal engineer and has 10 years of experience in dredging, shore protection, wetlands restoration, water quality improvement, beach nourishment, and ports/marina projects. Her expertise includes permitting, sediment and water quality, coastal studies, environmental review, and pre- and post -project monitoring. Prior to joining Moffatt & Nichol, she was an Engineering Director at Boeing, where she managed several large, technically complex projects. • Joseph (Joe) Litchfield will be the project Principal and supervise the engineering design. Joe joined Moffatt & Nichol in 2002, where his responsibilities have included serving as both Project Engineer and Project Manager on a wide range of projects involving waterfront planning, design, and construction. His engineering experience includes waterfront planning and redevelopment, utilities and infrastructure, grading, drainage, roadways, watershed management, environmental documentation, LEED documentation, construction administration and permitting. Joe's experience in these areas ranges from planning and design through permit acquisition, preparation of final design documents and construction management. Gahagan & Bryant Associates, Inc. (GBA) will perform the hydrographic survey of the Harbour. GBA's Surveying Division is staffed by professionals utilizing state of the art surveying equipment and procedures, as mandated by the Corps of Engineers Hydrographic Survey Manual, EM 1110-2-1003 (2004). GBA has a broad range of experience and background in hydrographic surveying throughout the major port and navigation areas in the United States, with primary emphasis on river and harbor systems, port and offshore navigational channels, dredging projects, and inlet and beach surveys. The firm has experience in all methods of surveying from leadline/tagline to the latest automated electronic RTK GPS with multi -beam sonar systems. ICF International will prepare the CEQA document. ICF International (formerly ICF Jones & Stokes) is a full -service multidisciplinary environmental consulting firm with a long history of 28 providing CEQA documentation and other environmental and natural resource services for projects in Orange County and other local government agencies throughout the state. ICF's expertise with CEQA dates back more than 40 years, where the firm's founders (under the legacy of Jones & Stokes) helped draft the original CEQA legislation in 1970. Also, ICF's in-house environmental counsel coauthored several industry -wide desktop reference guides, including the CEQA Deskbook: A Step -by -Step Guide on How to Comply with the California Environmental Quality Act. Coastal Resources Management, Inc. (CRM) will provide the eelgrass/caulerpa/marine biology services. CRM, located in Corona del Mar, California is a certified Small Business Enterprise and State of California registered S-Corporation. The firm provides marine biological and wetland environmental consulting and research services, for local, state, federal, and international clients. CRM's consulting services include: habitat restoration and mitigation program design, implementation, and monitoring for salt marshes, sea grass beds, kelp beds, and reefs; surveys for invasive algae and other species; intertidal, neritic, subtidal biological field studies, impact assessments, and monitoring; Marine Managed Area evaluations, research, and monitoring programs; endangered species studies, Section 7 Endangered Species Act assessments; and CEQA/NEPA. Vinnetic Laboratories, Inc. (KLI) will provide the sediment and groundwater characterization. KLI is a 40-year-old oceanographic and environmental science SBE firm that has carried out over 200 contaminated sediment characteristic studies following USACE/ USEPA protocols involving some 120 million cubic yards of sediments, including major dredge projects for ports and harbors, for contaminated wetland sites, and for aquatic Superfund sites. Kinnetic Laboratories is widely recognized as leading experts in marine, coastal, estuarine, and wetland contaminated sediment studies and remediation services. Services include those of an interdisciplinary consulting staff led by Ph.D. level experts in Engineering, Oceanography, Biology, Toxicity, Chemistry and Marine Sciences together with extensive instrumentation, logistical, and laboratory support capabilities and facilities. Analytical chemistry and toxicological testing support is provided by contract arrangements with partner certified laboratories. Kinnetic Laboratories also brings full field support including ownership of equipment, instrumentation, logistical, and laboratory facilities, including ownership of work vessels, barges, and underwater coring and other specialized sampling equipment. As part of this work, very efficient vibracores were developed to obtain sediment samples in harbors, rivers, wetlands, lakes, ponds, estuaries, and on the open ocean coast. This equipment was designed to be flexible using small work vessels, portable barges, tracked vehicles, and open ocean ships and has been used to obtain sediment samples for both sediment testing as well as for geotechnical - purposes. M EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the hourly rate and cost schedule as set forth in Exhibit "A." B. Travel Charges for time during travel are not reimbursable. C. Billing 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 case or matter. 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. 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. 13-3782/99654 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 2 Exhibit B EXHIBIT B Sunset Harbor Dredging Project- RFP-012-012-612182-LC Company Weight Evalulator #1 Evaluator #2 Evaluator #3 Evaluator #4 Evaluator #5 Totals Moffatt & Nichol I. Knowledge, Understanding & Responsiveness 10% 10 10 8 8 10 II. Experience/Technical Expertise/References 25% 25 22.5 20 22.5 25 Ill. Experience & Qualifications of Personnel 25% 25 25 20 20 20 IV. Methodology 40% 40 40 40 36 32 TOTALS 100 97.6 88 86.6 87 459 Noble Consultants, Inc. I. Knowledge, Understanding & Responsiveness 10% 10 10 8 8 10 II. Experience/Technical Expertise/References 25% 25 22.5 20 22.5 25 III. Experience & Qualifications of Personnel 25% 20 25 15 20 20 IV. Methodology 40% 40 40 32 36 32 TOTALS 95 97.5 75 86.5 87 441 Anchor QEA, LP I. Knowledge, Understanding & Responsiveness 10% 8 9 8 8 10 II. Experience/Technical Expertise/References 25% 25 22.5 20 20 25 III. Experience & Qualifications of Personnel 25% 20 25 15 20 25 IV. Methodology 40% 32 40 32 32 40 TOTALS 85 96.5 75 80 100 436.5 URS Corporation I. Knowledge, Understanding & Responsiveness 10% 8 8 8 8 10 II. Experience/Technical Expertise/References) 25% 20 20 15 20 25 III. Experience & Qualifications of Personnel 25% 20 22.5 15 20 25 IV. Methodology 40% 32 36 32 36 32 TOTALS 80 86.5 70 84 92 412.5 Weston Solutions, Inc. I. Knowledge, Understanding & Responsiveness 10% 8 9 6 6 10 II. Experience/Technical Expertise/References 25% 20 22.5 15 17.5 25 Ill. Experience & Qualifications of Personnel 25% 20 22.5 15 22.5 25 IV. Methodology 40% 24 36 24 32 32 TOTALS 72 90 60 78 92 392 Hi hest Score AWWN, 1 of 1 COUNTY OF ORANGE RFP FOR: DESIGN AND CONSULTING SERVICES FOR SUNSET PEACH HARBOUR MAINTENANCE DREDGING PROJECT 5 Companies NOTE: THE REQUEST FOR PROPOSAL (RFP) FOR THE DREDGING PROJECT WAS POSTED ON THE COUNTY'S ONLINE BIDDING SYSTEM AND BIDSYNC ON JUNE 18, 2012 AND AWARDED AT THE COUNTY OF ORANGE BOARD MEETING ON OCTOBER 2, 2012. RFP County List doe Page 1 of 1 8/8/2013 Company Address City State Postal Phone Code Moffatt & 3780 Kilroy Airport Long CA 90806 (562) 426-9551 Nichol Way, Suite 600 Beach Noble 2201 Dupont Drive, Irvine CA 92612 (949) 752-1530 Consultants Suite 830 Anchor 26300 La Alameda, Mission CA 92691 (949) 347-2780 QEA, LP Suite 240 Viejo URS 1320 South Simpson Anaheim CA 92806 (714) 399-1500 Corporation Circle Weston 5817 Dryden Place, Carlsbad CA 92008 (760) 795-6900 Solutions, Suite 101 Inc. CITY OF HUNTINGTON BEACH Professional ice Approval Form PART R Date: 5/9/2013 Project Manager Name: Lili Hernandez Requested by Name if different from Project Manager: Department: Public Works RECEIVED MAY 10 2013 PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART / MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Enter into an agreement with Moffatt and Nichol (M&N) for engineering support for the Huntington Harbour Dredging and Water Line Crossing Projects. M&N will assist in preparing various engineering tasks. The water line project is currently budgeted under the approved CIP. 2) Estimated cost of the services being sought: $ 180,000.00 3) Are sufficient funds available to fund this contract? ® Yes, ❑ No If no, please explain: 4) 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. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this stion is "No," the contract will require approval from the City Council.) /� ® Yes 7❑ No r Signature Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): 50691006.82100 $ 150,000.00 10040314.82800 $ 30,000.00 partme*Head Signature(s) s Signature Deputy City Manager's Signature t APPROVE°❑' /-M/1?W4IED ❑ L&0L-','- �o Date ! ` Date 7ate S 27 ate anager's Signature Date R ,�-s�, ®® rll9@c eLJiY� CERTIFICATE F LIABILITY INSURANCE DATE (MM/DDIYYW) 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 SullivanCurtisMonroe Insurance Services 1920 Main Street Suite 600 Irvine, CA 92614 www.SullivanCurtisMonroe.com License # OE83670 CONTACT NAME: PHONE IA1C, No Ext : 949.250.7172 FAX A/C No): 949.852.9762 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED Moffatt & Nichol 3780 Kilroy Airport Way, Suite 750 Long Beach CA 90806 INSURER B : American Guarantee & Liability Insurance Comp 2 247 INSURERC: National Union Fire Insurance Co Pittsb rah PA 19445 INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 16894360 REVISION NUMBER: 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. INSR I LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYW LIMITS A GENERAL LIABILITY ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �✓ OCCUR ✓ GLA5761681-00 7/1/2013 7/1/2014 EACH OCCURRENCE $ 1,000,000 PREMISESS ( DAMAGERENTED occurrence) $ 250,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER 17 POLICY ✓ PRO LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE ✓ ✓ LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS ✓ AUTOS ✓ GLA5761681-00 7/1/2013 7/1/2014 (CEO,e.dent INGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ B ✓ UMBRELLA LIAB EXCESS LIAB ✓ OCCUR CLAIMS -MADE AUC5761680-00 7/1/2013 7/1/2014 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 DED RETENTION $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC4321233 Includes USL&H 7/1/2013 7/1/2014 WCSTATU- OTH- TORY LIMITS ERR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 7— LDESCRIPTION _L OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Huntington Harbour Dredging Project (CC 1472) and Huntington Harbour Water Line Crossing Project (CC 1446) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured per the attached endorsements. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Attn: Lili Hernandez, P.E. 2000 Main Street Huntington Beach CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sally E. Kerr © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 16894360 Nina Frierson 7/1/2013 11:40:10 AM Page 1 of 5 7/1 /2013 POLICY NUMBER: GLA5761681-00 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are 'insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Moffatt & Nichol Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON=CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule 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 contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ CERT NO.: 16894360 Nina Frierson 7{1(2013 11:40:10 AM Page 2 of 5 7/1/2013 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured. Mo att & Nichol Endorsement Effective Cate: 7/1/2013 7/1/2014 SCHEDULE Name(s) Of Person(s) Or Organization(s) Information require to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 CERT NO.: 16894360 Nina Frierson 7/1/2013 11:40:10 AM Page 3 of 5 7/1 /2013 Additional Insured — Automatic — Owners, Lessees Or Z U ICI C W Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl Prem Return Prem, GLA5761681-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Moffatt & Nichol Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. However, if you have entered into a construction contract or construction agreement with an additional insured person or organization, the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I — Coverage A — Bodily Injury And Property Damage Liability and Section I — Coverage B — Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. U-GL-1175-E CW (04/12) Page 1 of 2 CERT NO.: 16894360 Nina Frierson 7i1i21ISnIgge�oc4Py,00ted rp o rial of Insurance Services Office, Inc., with its permission. E. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U-GL-1175-E CW (04/12) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CERT NO.: 16894360 Nina Frierson 7/1/2013 11:40:10 AM Page 5 of 5 ,�� ®® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYYI 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 SullivanCurtisMonroe Insurance Services 1920 Main Street Suite 600 Irvine, CA 92614 www.SullivanCurtisMonroe.com License # OE83670 CONTACT NAME: PHONE (A/C, No xt : 949.250.7172 FAX A/C No): 949.852.9762 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Zurich American Insurance Co INSURED Moffatt & Nichol 3780 Kilroy Airport Way, Suite 750 Long Beach CA 90806 INSURER B: INSURER C: INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 16456086 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE O(Ea RENTED $ CLAIMS -MADE F1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 17 POLICY F7 PRO- LOC JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ac loant) $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED R SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOSAUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED ❑ N / A WC STATU- O7H TORY LIMITS ER E L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability EOC938030705 1/15/2013 1/15/2014 $1,000,000 Each Claim Claims Made $1,000,000Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Huntington Harbour Dredging Project (CC 1472) and Huntington Harbour Water Line Crossing Project (CC 1446) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Lili Hernandez, P.E. ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 Sally E. Kerr ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 16456086 Sally E. Kerr 5/23/2013 9:30:01 AM Page 1 of 1 City Of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk August 13, 2013 Moffatt & Nichol 3780 Kilroy Airport Way, Suite 750 Long Beach, CA 90806 To Whom It May Concern: Enclosed for your records is a copy of the fully executed "Professional Services Contract Between the City of Huntington Beach and Moffatt & Nichol for Engineering Services Related To The Huntington Harbour Waterline And Maintenance Dredging Projects." Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand