HomeMy WebLinkAboutCC AG PKT 2015-01-26 #G AGENDA STAFF REPORT
DATE: January 26, 2015
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: SAND NOURISHMENT - AWARD CONSTRUCTION
PROFESSIONAL SERVICES CONTRACTS AND
APPROVE BUDGET AMENDMENTS FOR ADDITIONAL
FUNDING
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6535:.
1. Awarding a construction contract to Post Brothers Construction in the
amount not to exceed $402,100 and authorizing the City Manager to
approve contract changes not to exceed $20,000;
2. Awarding a professional services agreement to Moffatt & Nichol in the
amount of$60,000 for agency testing and permitting;
3. Approving Budget Amendment No. 15-07-01 allocating General Funds in
the amount of $737,100 for sand nourishment to Project No. EM1502 and
allocating additional General Funds in the amount of $30,000 to the
Tidelands Fund for additional berm removal costs.
BACKGROUND AND ANALYSIS:
Hurricane Marie
On August 25, 2014, the City of Seal Beach experienced a large summer storm
event caused by Hurricane Marie that caused water to flow onto the public
boardwalk and public streets. Emergency measures were immediately
undertaken through the duration of the storm event. This storm event caused an
estimated loss of between 10,000 — 20,000 cubic yards of sand from the City's
beach by action of the waves pulling sand out into the ocean; most
predominantly at the northern edge of Seal Beach at the mouth of the San
Gabriel River.
Agenda Item G
On August 25, 2014, the City Manager issued a proclamation declaring a local
emergency, which was ratified by City Council action on September 8, 2014.
The proclamation allows for the City staff to take quick action to repair damage
and to help avert potential future damage to public property that may occur.
Southern California has subsequently seen several large winter storm events,
and a large El Nino weather pattern has been predicted for this winter. There is
therefore a high potential for numerous strong storm events to occur in the future
that would contribute to further erosion. Having adequate beach sand is thus
paramount for protecting public streets, the public boardwalk, and private homes
and businesses.
On August 28, 2014, City staff identified an opportunity to obtain compatible
beach quality sand that could be used for immediate nourishment of the City's
beaches in response to the emergency caused by Hurricane Marie. The County
of Orange was, and is still currently, in the process of dredging the Santa Ana
River by order of FEMA. This sand is sifted by the County, who extensively tests
for grain size compatibility and chemical composition, and has been found to be
beach compatible for Seal Beach. Those results have been reviewed by the
City's coastal engineers' (Moffatt & Nichol), and the United States Environmental
Protection Agency. The County of Orange agreed to filter and deliver the
dredged sand to the City at no cost for the material or the delivery.
The City was able to immediately contract with the City's current berm contractor,
Post Brothers Construction, to receive this sand from the County and place it on
East Beach at the narrowest location where Hurricane Marie caused the greatest
erosion. That work, including permitting and placement, resulted in the cost to
the City of $220,000, and delivered approximately 32,000 cubic yards of beach-
compatible sand at a cost of$6.88/cubic yard of sand.
Beach Erosion
Beach erosion nevertheless remains an immediate problem in Seal Beach. The
City builds a winter sand berm every year and performs a back-passing operation
every other year in an attempt to protect our beach. However, no amount of
protection measures will stop this loss of sand to the ocean. In addition to losses
caused by Hurricane Marie, the City loses on average, up to 10,000 cubic yards
of sand per year. The potential for even greater losses this year is possible due
to the already active winter storm season and the high potential for a greater than
usual El Nino weather pattern.
Typically, Seal Beach is in need of nourishment every seven to ten years. The
amount of sand needed depends upon the quantity and intensity of winter storms
received. In 2009, the City was able to partner with the United States Army
Corps of Engineers (USACE) during their Nourishment Project (Surfside and
Sunset Beach Nourishment — Stage 12). The City spent $1.3 million for 70,000
cubic yards of sand ($18.57/cubic yard of sand).
The USACE has begun preparations for the next Surfside/Sunset nourishment
project (Stage 13) dredging project, which is anticipated to occur two to three
Page 2
years from now. If the City intends to partner again with the USACE, the
anticipated cost is estimated to be $30/cubic yard of sand. The City's Capital
Improvement Program for FY 2015-2016 includes a placeholder of $1,000,000
for beach nourishment. Optimistically, the USACE project would be delivered in
2016.
The County of Orange has continued dredging the Santa Ana River and
anticipates having 50,000 cubic yards of filtered, beach compatible sand
available to the City. Due to an emergency order from FEMA, the County needs
to remove a section of the sand immediately. The County has therefore agreed
to continue to provide the material, sifted, and delivered, at no cost to the City if
the City agrees to receive the sand immediately.
The City would need to hire a contractor to move the sand from the delivery point
onto the Beach, similar to the work Post Brothers Construction recently
performed for the City. The City solicited proposals from qualified grading
contractors to perform this work. The results are as follows:
Rank Contractor Per day price
1 Post Brothers Construction $ 7,800
2 Cattrac Construction Inc. $ 8,100
3 G.M. Seager Inc. Declined
Out of these proposals, staff selected Post Brothers Construction as the lowest
priced proposal. The City anticipates that it will take 45 days to place up to
50,000 cubic yards of sand and therefore will need up to $405,000 for this task.
The per day prices includes equipment, manpower and fuel for sand movement.
The project would also require preparation and submission of necessary
regulatory agency permits from the California Coastal Commission, the USACE,
and the Regional Water Quality Control Board. Staff is recommending that the
City contract with the firm of Moffatt & Nichol for these services. The firm has an
existing professional services agreement with the City for Coastal Engineering
Services and is qualified to provide the necessary services. It is anticipated that
the cost for preparation of the permits and processing is $30,000. An additional
$30,000 is requested to fund studies that are requested by the California Coastal
Commission. These studies will be managed as a task within the acquisition of
permits by Moffatt & Nichol and bring their fee to $60,000.
Given the additional 32,000 cubic yards of sand that had been placed on the
beach from the most recent emergency nourishment and the potential for
additional sand, additional funds will be required for the City's berm contractor to
take down the berm in early spring. It is anticipated that the berm contractor,
Post Brothers Construction, would need up to an additional $30,000 based upon
the amount of sand that is brought in and where the permitting agencies allow
the City to place it.
Page 3
In sum, the anticipated full cost to receive an additional 50,000 cubic yards of
sand, complete with placement, and additional permitting on an emergency basis
is $517,100 ($10.34/cubic yard of sand). This cost compares favorably with past
beach nourishment efforts.
Historic Cost of Nourishment
Year Quantity Cubic Yards) Cost Unit Cosa /CY
1998 70,000 $1,100,000 $15.71
2009 70,000 $1,300,000 $18.57
2014 32,000 $220,000 $6.88
2015 50,000 $517,100 $10.34
2016* $30.00
* This represents estimated cost if the City were to partner with the next
USACE Nourishment project.
The Seal Beach Naval Weapons Station has partnered with the City through this
emergency to allow access through the Naval Base for delivery of the sand. The
delivery of the sand was performed with approximately 3,000 truckloads of sand.
Without the help of the Navy, other routes for delivery of the sand include
passing through residential neighborhoods, which would have a large impact to
the community. The presence of Navy security personnel is generally required to
allow vehicles to pass through the Navy's property. During the first phase of
emergency nourishment, the Navy provided personnel free of charge to the City.
During this second phase of emergency nourishment, the Navy is not in the
position to provide security personnel and has requested that the City provide
sworn police presence. Within the recommended action is a budget request of
$25,000 to fund overtime for the police department to provide this service.
Future Outlook
With placement of 32,000 cubic yards of sand, staff anticipates that the City will
be well-positioned vis-a-vis the current emergency, including any further storm
activity this year.
Furthermore, there is a possibility that the City might be able to bypass
participation in the next USACE nourishment project. The placement of 82,000
cubic yards of sand makes it likely that the City will be able to bypass the next
nourishment project. The largest factor in that decision will be the amount and
size of storm activity this year. Participating in the program to a smaller quantity
might also be an option to evaluate as the next USACE project approaches. City
staff continues to work with the USACE on longer term solutions to providing
sand for beach erosion.
Page 4
ENVIRONMENTAL IMPACT:
The County of Orange prepared an environmental assessment pursuant to the
California Environmental Quality Act (CEQA) Guidelines in regards to the
excavation and transportation of filtered sand. The spreading of the sand on the
City's beaches is part of the on-going efforts to replenish a natural resource
eroded as a result of Hurricane Marie. Additionally, the action taken by the City
is Categorically exempt under Class 7, Section 15307 of the CEQA Guidelines to
further protect the beach environment and to assure the maintenance and
restoration of a natural resource.
LEGAL ANALYSIS:
The City Attorney has reviewed the attached agreements and the proposed
resolution and approved each as to form.
FINANCIAL IMPACT:
Funds have not been budgeted for nourishment of Seal Beach within the FY
2014-15 Annual Budget. The Capital Improvement Program has included a
placeholder of $1,000,000 within FY 2015-16 for sand nourishment. On
September 8, 2014, the City Council approved expenditure of $220,000 for sand
nourishment. A budget amendment was not done at that time because the
scope of the emergency had not been determined. The following is a breakdown
of the costs necessary for this project:
Expenditures from Sep tember through November 2014
Description Amount
Sand Placement (Post Brothers) $ 195,000
Permitting (Moffatt & Nichol) $ 25,000
Total $ 220,000
Proposed Expenditures Spring 2015
Description Amount
Sand Nourishment (Post Brothers) — Spring 2015 $ 402,100
Permitting (Moffatt & Nichol) $ 30,000
State Agency Tests and Reports $ 30,000
Additional Berm Removal (Post Brothers) $ 30,000
Seal Beach Police Dept. Security $ 25,000
Total $ 517,100
Total Expenditures
Description Amount
Sand Nourishment: Sept-Nov 2014 $ 220,000
Sand Nourishment: Spring 2015 $ 517,100
Total $ 737,100
Page 5
With the cost of the sand and transportation being funded by the County of
Orange, the total cost is anticipated at $737,100. The requested budget
amendment is as follows:
Description Account Revised/Adopted Proposed Budget (dill)
Budget Budget Amendment
Contract Professional 045-333-44000 $ 7,318,706 $ 8,055,806 $ 737,100
Transfer In 045-000-31500 $ 7,318,706 $ 8,055,806 $ 737,100
Transfer Out 001-080-47000 $ 6,166,716 1 $ 6,933,816 1 $ 767,100
Contract Professional 034-863-44000 $ 218,376 $ 248,376 $ 30,000
RECOMMENDATION:
City Council adopt Resolution No. 6535:
1. Awarding a construction contract to Post Brothers Construction in the
amount not to exceed $402,100 and authorizing the City Manager to
approve contract changes not to exceed $20,000;
2. Awarding a professional services agreement to Moffatt & Nichol in the
amount of$60,000 for agency testing and permitting;
3. Approving Budget Amendment No. 15-07-01 allocating General Funds in
the amount of $737,100 for sand nourishment to Project No. EM 1502 and
allocating additional General Funds in the amount of $30,000 to the
tidelands account for additional berm removal costs.
SUBMITTED BY: NOTED AND APPROVED:
Sean P. Crumby, P.E. J . Ingram, City . rza er
Director of Public Works
Prepared by: David Spitz, Associate Engineer
Attachments:
A. Resolution No. 6535
B. Construction Contract with Post Brothers Construction
C. Professional Services Agreement with Moffatt & Nichol
Page 6
RESOLUTION NUMBER 6535
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING A CONSTRUCTION CONTRACT TO POST
BROTHERS CONSTRUCTION IN THE AMOUNT NOT TO
EXCEED $402,100 AND AUTHORIZING THE CITY MANAGER
TO APPROVE CONTRACT CHANGES NOT TO EXCEED
$20,000; AWARDING A PROFESSIONAL SERVICES
AGREEMENT TO MOFFATT & NICHOL IN THE AMOUNT OF
$60,000 FOR AGENCY TESTING AND PERMITTING;
APPROVING BUDGET AMENDMENT NO. 15-07-01
ALLOCATING GENERAL FUNDS IN THE AMOUNT OF $737,100
FOR SAND NOURISHMENT OT PROJECT NO. EM1502 AND
ALLOCATING ADDITIONAL GENERAL FUNDS IN THE
AMOUNT OF $30,000 TO THE TIDELANDS ACCOUNT FOR
ADDITIONAL BERM REMOVAL COSTS
THE CITY COUNCIL HEREBY RESOLVES, FINDS, AND DETERMINES
AS FOLLOWS:
1. On September 8, 2014, the City Council ratified and extended the
City Manager's proclamation of a local emergency in response to Hurricane
Marie, which created conditions of disaster or of extreme peril to the safety of
persons and property within the City, caused by flooding and strong ocean tides
commencing on or about August 26, 2014, and which warranted and
necessitated the proclamation of the existence of a local emergency. This local
emergency is deemed to continue to exist until its termination is proclaimed by
the City Council.
2. After Hurricane Marie, the City identified an opportunity to obtain
32,000 cubic yards of beach-quality sand from County of Orange's dredging
operations in the Santa Ana River. This sand was delivered to the City and
spread across the beach to partially mitigate the loss of sand from Hurricane
Marie and predicted winter storm activity.
3. The Count of Orange has informed the City that is has up to an
additional 50,000 cubic yards of beach-compatible sand for the City's use at no
cost to the City. This sand will further help protect the life, health, and property of
City residents against further risk of beach erosion this winter and in the future
4. Pursuant to Section 1010 of the Seal Beach City Charter, the City
may let contracts without advertising for bids, if such work, supplies or materials
shall be deemed by the City Council to be of urgent necessity for the
preservation of life, health, or property.
5. Due to the ongoing local emergency, the loss of sand from City
beaches due to Hurricane Marie, subsequent beach erosion due to unusually
large subsequent winter storm activity, and the potential for further beach erosion
due to the high probability of a heavy El Nino weather pattern this winter, the City
Council hereby finds that letting of contracts to provide ongoing emergency
beach nourishment is of urgent necessity for the preservation of life, health, and
property in the City of Seal Beach and should therefore be let without formal
advertising for bids.
6. The City solicited proposals from qualified contractors for beach
grading services to spread the sand available from the County. Of the proposals
received, the lowest was from Post Brothers Constructions, Inc. in the amount of
$7,800 per day.
7. Based on the foregoing provisions of this Resolution, the City
Council hereby approves that Public Works Agreement for Emergency Beach
Nourishment, CIP No. EM 1502, dated January 26, 2014 with Post Brothers
Constructions, and authorizes and directs the City Manager to execute the
contract on the City's behalf. The City Manager is further authorized to execute
contract changes in an amount not to exceed $20,000.
8. The City Council hereby further approves that professional services
agreement with Moffat and Nichol dated January 26, 2014 and authorizes and
directs the City Manager to execute the agreement on the City's behalf.
9. The City Council hereby approves Budget Amendment 15-07-01
allocating General Funds in the amount of $737,100 to Project No. EM1502 for
sand nourishment and allocating additional General Funds in the amount of
$30,000 to the tidelands account for additional berm removal costs.
Description Account Revised/Adopted Proposed Budget(diff)
Budget Budget Amendment
Contract Professional 045-333-44000 $ 7,318,706 8,055,806 $ 737,100
Transfer In 045-000-31500 $ 7,318,706 $ 8,055,806 $ 737,100
Transfer Out 001-080-47000 $ 6,166,716 $ 6„933,816 $ 767,100
Contract Professional 1 034-863-44000 $ 218,376 248,376 1 $ 30,000
10. The City Clerk shall certify to the passage and adoption of this
.resolution/
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th of January, 2015 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Resolution is the original copy of Resolution Number 6535 on file in the
office of the City Clerk, passed, approved, and adopted by the Seal Beach City
Council at a regular meeting held on the 26th of January, 2015.
City Clerk
PUBLIC WORKS AGREEMENT
FOR
EMERGENCY BEACH NOURISHMENT
CIP NO. EM 1502
between
I
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Post Earthworks Constructors, Inc.
2967 E. Coronado Street
Anaheim, CA 92806
(714) 632-5290
(714) 632-9767 - FAX
THIS AGREEMENT is made as of January 26, 2015, by and between the City of Seal Beach, a
California charter city ("City"), and Post Earthworks Constructors, Inc., a General Contractor
("Contractor").
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
Pier Structural Assessment Implementation ("Project")with respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
December 17, 2014. The final amount is not to exceed $402,100 ("Accepted Proposal"
hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other
things,provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained,the parties hereto agree as follows:
AGREEMENT
1. Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the mutual
promises set forth herein, and subject to the terms and conditions set forth in this Agreement,
Contractor shall perform and complete in good and workmanlike manner all work ("Work")
required by this Agreement and the documents listed in Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Accepted Proposal, Non-Collusion
Affidavit, Bid Schedule(s), Contractor's Industrial Safety Record, Special Provisions and
documents referenced therein, this Agreement, Exhibits attached to this Agreement, including
but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit
E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all
supplemental agreements executed amending or extending the Work contemplated and that may
be required to complete the Work in a substantial and acceptable manner. These Contract
Documents are hereby incorporated into this Agreement.
1.3 The Work shall be performed in accordance with the Plans, Specifications
and other Contract Documents. Contractor shall furnish at its own expense all labor, materials,
equipment and services necessary therefor, except such labor, materials, equipment and services
as are specified in the Contract Documents to be furnished by City.
1.4 In the event of any material discrepancy between the express provisions of
this Agreement and the provisions of the other Contract Documents, the provisions of this
Agreement shall prevail.
2. Effective Date. This Agreement is effective as of January 26, 2015 (the
"Effective Date"), and shall remain in full force and effect until Contractor has rendered the
services required by this Agreement.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of
$402,100.00, subject to any additions and deletions pursuant to the terms of the Contract
Documents. Said sum shall constitute payment in full for all work performed hereunder,
including, without limitation, all labor, materials, equipment, tools and services used or
incorporated in the Work, supervision, administration, overhead, expenses and any and all other
things required, furnished or incurred for completion of the Work as specified in the Contract
Documents. City shall make payments to Contractor on account of the contract sum at the time,
in the manner, and upon the conditions specified in the Contract Documents. The City Manger
may authorize extra work to fund unforeseen conditions up to the amount approved at the time of
award by the City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such
Services, including, without limitation, a City of Seal Beach business license as required by the
Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees' wages and
benefits, and shall comply with all requirements pertaining to employer's liability, workers'
compensation, unemployment insurance, and Social Security. Contractor shall fully comply with
the workers' compensation law regarding Contractor and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as independent
contractors in the role of city officials, from any and all liabilities, damages, claims, costs and
expenses of any nature to the extent arising from Contractor's alleged violations of personnel
practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or liability
on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall
have control over the conduct of Contractor or any of Contractor's employees, except as set forth
in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of
its officers, agents, or employees are in any manner employees of City. Contractor shall pay all
required taxes on amounts paid to Contractor under this Agreement,and indemnify and hold City
harmless from any and all taxes, assessments, penalties, and interest asserted against City by
reason of the work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees due to
Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 4.
5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City,
its elected officials, officers, employees, volunteers, agents, and those City agents serving as
independent contractors in the role of City officials (collectively "Indemnitees") free and
harmless from and against any and all claims (including, without limitation, claims for bodily
injury, death or damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, bid protests, stop notices,judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of every kind and
nature whatsoever(individually, a"Claim," collectively, "Claims"), in any manner arising out of
or incident to the performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses. Further,
Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk,
to defend any and all such suits, actions or other legal proceedings of every kind arising out of or
incident to the performance of the Agreement that may be brought or instituted against
Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding
arising out of or incident to the performance of the Agreement. Contractor shall reimburse the
City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or
Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any
insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to
require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising
from the sole negligence or willful misconduct of the Indemnitees.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Contractor because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
5.5 Waiver of Right ofS bro anon, Contractor, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the termination of
the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against a Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the services
hereunder by Contractor, and its agents, representatives, employees and subcontractors. The
policy limits set forth below do not act as a limitation upon the amount of indemnification to be
provided by Contractor. Contractor shall complete and execute the following documents
attached as Exhibits hereto and incorporated herein by this reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial
General Liability.
6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile
Liability.
6.1.3 Exhibit D-3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed.
11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).
6.2.4 Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
6.2.5 Professional Liability insurance. Unless the City waives in the
requirement for professional liability insurance, Contractor shall provide to City the standard
form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less
than: �........_....._.
6.3.1 General Liabili : $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to this Agreement
or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and in the
aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount
required by law.
6.3.4 Professional Liability: Waived
(Please note that pursuant to Section 6.2.5, the City may waive the
requirement that the Contractor carry professional liability insurance.)
6.4 Deductibles and Self-Insured Retentions. Contractor shall inform City of
any deductibles or self-insured retentions except with respect to any professional liability
insurance.
6.5 Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain,the following provisions:
6.5.1 City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of City officials, are to be covered as
additional insureds as respects: liability arising out of activities performed by or on behalf of
Contractor; products and completed operations of Contractor; premises owned, occupied or used
by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of City
officials which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of City officials.
Any insurance or self-insurance maintained by City, their officers, officials, employees,
designated volunteers or agents serving as independent contractors in the role of City officials
shall be excess of Contractor's insurance and shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except after 30 days
prior written notice by first class mail has been given to City.
6.5.5 Each insurance policy, except for any professional liability
policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against
City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and
agents serving as independent contractors in the role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than ANIII unless waived in writing by City's Risk
Manager.
6.7 Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by City before services commence. As an alternative to City forms,
Contractor's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the project, or any
part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for
the additional expense and damage for each calendar day that the Contract remains uncompleted
after the Contract completion date. It is agreed that the amount of such additional expense and
damage incurred by reason of failure to complete the Contract is the per diem rate of$250 per
calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City
resulting from the failure of the Contractor to complete the project within the allotted time and to
the value of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are incapable
of calculation at the inception hereof; and this amount is not to be considered in the nature of a
penalty. The City shall have the right to deduct such damages from any amount due, or that may
become due to the Contractor, or the amount of such damages shall be due and collectible from
the Contractor or the Contractor's Surety. Progress payments made after the scheduled
completion date shall not constitute a waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any part of
the Contractor's Services for the convenience of City or for work stoppages beyond the control
of City or Contractor. A suspension of the Services does not void this Agreement.
9. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's and City's regular business
hours or by facsimile before or during Contractor's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this Section. All notices shall be
addressed as follows:
If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562)431-2527
Fax: (562)493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Post Earthworks Constructors, Inc.
2967 E. Coronado Street
Anaheim,CA 92806
Telephone: 714-632-5290
Fax: 714-632-7967
Attn: Chris Post,President
10. Non-Assi ng abilit ,,Subcontracting. Contractor shall not assign,transfer,or subcontract any
interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by
Contractor to so assign,transfer,or subcontract any rights,duties,or obligations arising hereunder shall be null,void
and of no effect.
11. Complian ce with Laws. Contractor shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Contractor performs the
Services.
12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Contractor constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Contractor, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
13. Attorneys' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including all attorneys' fees incurred in connection therewith.
14. Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
15. Entire Agreement. This Agreement, including any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between Contractor
and City. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
16. Severability. The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives,have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRA
. ._
Jill R. Ingram, City Manager
Name CHRIS POST
Attest:
Title: PRESIDENT
By
Tina Knapp,City Clerk
Approved as to Form:
By:
Steven Flower, City Attorney
Section ��
��"�K�D8 n�
PROPOSAL
Bidders Name_POST EARTHWORKS
TO THE HONORA13LE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH:
The undersigned,am bidder,declares that: (l)1his proposal ia made without collusion with any other person,
firm or corporation, and that the only persons or parties interested as principals are those named herein as
xvvoon in the attached 0uuColloxino Affidavit- (2)-bidder 6m omo66ly oxumiuo6 the yc�ud Plaox.
Specifications and all nde/ oou�au documents ood iuDnnnm6on furnished therefore and the site of the
proposed work; and(3)-bidder has investigated and io satisfied as to the conditions tnbo eucouotored, the
character,quality and quantities of work to be performed and materials to be furnished. Furthermore,bidder
agrees that submission of this proposal shall be conclusive evidence that such examination and investigation
have been made and agrees,in the event this contract be awarded to bidder,to enter into a contract with the
City Council of the CITY OF SEAL BEACH,to perform said proposed work iu accordance with the Plans,
if any,and the terms of the Specifications,iu the time and manner therein prescribed,uudtu furnish orDrovido
all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as
may otherwise be furnished or provided under the terms of said Specifications,for the following stated unit
prices oo lump sum price ua submitted ou the Bid Sheet herein.
The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record.
This Safety Record must include all construction work undertaken in the State of California by the bidder
and any partnership,joint venture or corporation that any principal of the bidder participated inuxaprincipal
or ovmzex for the )uot five oolxoJoz ynmm and the current calendar year prior to the date of bid submittal.
Separate information shall be submitted for each such partnership,joint venture, or corporate or individual
bidder The bidder may attach any additional information or explanation nf data which bv would like\ohn
taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding
any and all fatalities must boattached.
Io compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees tn enter into ocontract
to furnish all labor,materials and supplies for this project in accordance with the Specifications,Plans other
Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH,to
the satisfaction and under the direction of the City Engineer,at the following prices: completed bythe
undersigned iu fixed ot5O WORKING DAYS starting from the day after the issuance nf the Notice to
Proceed,
Page C-1
City of Seal Beach
California
PROPOSAL FOR
EMERGENCY BEACH NOURISHMENT
CIP NO. EM1502
BID SHEET
(1)Items shall include all Material,Labor and Equipment necessary to provide a complete,
functional installation,approved by the authorities having jurisdiction.
(2)All work of installation shall be covered by the unit prices in the same manner as required by the
Specifications.
Bid Item# Descrintion
1. • Truck Unloading $7,800.00/daily
o 8 Hours per day operation
o Provide low profile drive-over unloader
o Provide radial stockpile conveyers
• Beach Fill
* Place fill in designated area, approximately SOOLF from
cast gate
* Fill operation to start after 70%of material is on site
• Personne I
o Provide personnel specifically trained to the utmost in
professionalism to properly facilitate the unique
challenges of this project in a safe and timely manner
• Production
o Based on approximately 50 working days
o Based on 140-- 160 loads per day
o Maximum 50,000 CY
2. Mobilization $8,200.00
3. Bonds 1%/$78.00 daily
Page C-2
Notes Owner/G.C.to provide and pay for all permits,PM 10 ppermit/report, _.....-
construction water&meter, survey,soils testing.
Exclusions Work outside of P/L,backt�ll of pipes s
or utilities,subsurface
demolition,buried trash and debris,capping of pipes or utilities,
removal of pipes and utilities,hazardous&contaminated material,
de-watering, blasting, shoring, import,export, MEP spoils,hard to
handle material,oversize rock,salvage/relocating,over excavate,
cemented soil treatment, screening of material, saturated material,
w atn ,acts of God.
TOTAL COST FOR BID ITEMS 1-3
$402,100.00 Four Hundred two thousand One hundred dollars no/cents
figures words
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES,THE WORDS
SHALL PREVAIL.
Page C-3
^
NOTE: The City reserves the right to award xcontract to the lowest responsible bidder in parts min its
entirety and reserves the right to reject all bids and re-advertise,as appears to be in the best interests n[the
City. A bid is required for this entire work,the estimated quantities set forth iu this Bid Sheet being solely
for the purpose of comparing bids,and final compensation under the Contract will be based upon the actual
quantities uf work satisfactorily completed. The unit and/or lump sum prices bid shall include all
appurtenant expenses,taxes,royalties,and fees. Iu the case of discrepancies bu the amount bid,unit prices
shall govern over extended amounts,and words shall govern over figures. The City reserves the right to
increase or decrease the amount of any quantity shown and to delete any item from the Contract,
The undersigned bidder agrees that,if awarded the Contract,bidder will complete all work according to the
contract documents. The undersigned bidder io licensed io accordance with the requirements nf the Business
and Professions Code, California Contractor's License No.- 777445 ____, Ciomo
(REQUIRED ATIIOEOR/DWAQI)).
Legal Business Name of Bidder
POST EARTHWORKS CONSTRUCTORS
2967 E CORONADO ST ANABERvi,CA 92806
business Te"'l.No,
12/19120 14 PRESIJ.)ENT
Signature Date Title
Signature Date Title
Signature Date Title
If bidder is an individual, name and signature of individual must be provided, and, if he is doing business
under a fictitious name,the fictitious name must beset forth. If bidder iou partnership orjoint venture,legal
nmno of partnership/joint venture moot be provided, tbUmved by ui@putuoeo of all of the partners/joint
ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on
behalf n{the partnership/joint venture. If bidder iou corporation,legal name of corporation must 6oprovided,
followed 6y signatures of the corporation President orVice President and Secretary or Assistant Secretary,
and the corporate seal. Signatures of partners,joint ventures,or corporation officers must be acknowledged
before o Notary Public,who must certify that such partners,joint ventures, nr officers are known tohim or
her to be such,and,in the case of corporation,that such corporation executed the instrument pursuant tu its
bylaws ocm resolution ofits Board nIDirectors.
Page C-4
AGREEMENT PERMITTING SERVICES FOR THE
EMERGENCY BEACH NOURISHMENT PROJECT NO.
EM1502
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
(562) 590-6500
This Professional Service Agreement ("the Agreement') is made as of January 26, 2015
(the "Effective Date"), by and between Moffatt & Nichol ("Consultant'), a California LLC,
and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties").
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RECITALS
A. City desires certain professional services.
B Consultant represents that it is qualified and able to provide City with such
services..
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as follows:
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the
attached Exhibit 1, which is hereby incorporated by this reference. To the extent that
there is any conflict between Exhibit 1 and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in accordance
with the standard of care generally exercised by like professionals under similar
circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not specified
in the Scope of Services unless the City authorizes such work in advance and in writing.
The City Manager may authorize payment for such work up to a cumulative maximum of
$10,000. Payment for additional work in excess of $10,000 requires prior City Council
authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue for a term of 3 years unless previously terminated as provided by this
Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee estimate set forth in Exhibit 1
for Services but in no event will the City pay more than $60,000.00. Any additional work
authorized by the City pursuant to Section 1.4 will be compensated in accordance with
the fee schedule set forth in Exhibit 3.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered
pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end
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of the month during which the services were rendered and shall describe in detail the
services rendered during the period, the days worked, number of hours worked, the
hourly rates charged, and the services performed for each day in the period. City will
pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold
any applicable federal or state payroll and other required taxes, or other authorized
deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents
or representatives to inspect at Consultant's offices during reasonable business hours
all records, invoices, time cards, cost control sheets and other records maintained by
Consultant in connection with this Agreement. City's rights under this Section 4.2 shall
survive for two years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Chris Webb is the Consultant's primary representative for purposes of this
Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed
made when personally delivered or when mailed 48 hours after deposit in the United
States Mail, first class postage prepaid and addressed to the party at the following
addresses:
To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
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To Consultant: Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
Attn: Chris Webb
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of the City.
All services provided pursuant to this Agreement shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods, and details of
performing the services. Any additional personnel performing services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all
times be under Consultant's exclusive direction and control. Consultant shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance of services under this Agreement and as required by law. Consultant shall
be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected officials,
officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liability, damages,
claims, costs and expenses of any nature to the extent arising from Consultant's
personnel practices. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a
result of Consultant's failure to promptly pay to City any reimbursement or
indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance of any
and all subcontractors.
10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it has
provided evidence satisfactory to the City that Consultant has secured all insurance
required under this Section. Consultant shall furnish City with original certificates of
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insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf,
and shall be on forms provided by the City if requested. All certificates and
endorsements shall be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the duration of
the Agreement, insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of this Agreement. Insurance
is to be placed with insurers with a current A.M. Best's rating no less than A:VIII,
licensed to do business in California, and satisfactory to the City. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage form
number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional
Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000
per occurrence for bodily injury, personal injury and property damage and if Commercial
General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; and
(3) Professional Liability: $1,000,000 per claim/aggregate.
11.3. The insurance policies shall contain the following provisions, or Consultant
shall provide endorsements on forms supplied or approved by the City to state:
(1) coverage shall not be canceled except after 30-days prior written notice has been
given to the City, or 10-days if cancellation is due to non-payment of premium; (2) any
failure to comply with reporting or other provisions of the policies, including breaches of
warranties, shall not affect coverage provided to the City, its directors, officials, officers,
(3) coverage shall be primary insurance as respects the City, its directors, officials,
officers, employees, agents and volunteers, or if excess, shall stand in an unbroken
chain of coverage excess of the Consultant's scheduled underlying coverage and that
any insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents and volunteers shall be excess of the Consultant's insurance and
shall not be called upon to contribute with it; (4) for general liability insurance, that the
City, its directors, officials, officers, employees, agents and volunteers shall be covered
as additional insureds with respect to the services or operations performed by or on
behalf of the Consultant, including materials, parts or equipment furnished in connection
with such work; and (5) for automobile liability, that the City, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insureds with
respect to the ownership, operation, maintenance, use, loading or unloading of any auto
owned, leased, hired or borrowed by the Consultant or for which the Consultant is
responsible.
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11.4. All insurance required by this Section shall contain standard separation of
insureds provisions and shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents, and
volunteers.
11.5. Any deductibles or self-insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City, either:
(1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its directors, officials, officers, employees, agents, and volunteers; or
(2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
11.6. Consultant shall provide written notice to the City, by certified mail, return
receipt requested, in the event that coverage is suspended, voided, reduced or
canceled. Such notice shall be provided within 2 days after Consultant becomes aware
of such coverage action.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role of city
officials (collectively "Indemnities") free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to
any acts or omissions of Consultant, its employees, or its agents in connection with the
performance of this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. With respect to any and all such aforesaid suits, actions, or other legal
proceedings of every kind that may be brought or instituted against Indemnitees,
Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and
shall pay and satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Consultant shall reimburse City and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by Consultant, the City, its directors, officials, officers, employees, agents or
volunteers. All duties of Consultant under this Section shall survive termination of this
Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non-discrimination includes, but is not limited to, all
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activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any
contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
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Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for
Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Consultant, any fee, commission, gift, percentage, or any other consideration contingent
upon the execution of this Agreement. Upon any breach or violation of this warranty,
City shall have the right, at its sole and absolute discretion, to terminate this Agreement
without further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that any
officer or employee of City has any interest, whether contractual, noncontractual,
financial, proprietary, or otherwise, in this transaction or in the business of Consultant,
and that if any such interest comes to the knowledge of Consultant at any time during
the term of this Agreement, Consultant shall immediately make a complete, written
disclosure of such interest to City, even if such interest would not be deemed a
prohibited "conflict of interest" under applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences any legal, administrative, or other action against the
other party arising out of or in connection with this Agreement, the prevailing party in
such action shall be entitled to have and recover from the losing party all of its
attorneys' fees and other costs incurred in connection therewith.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this Agreement, the
terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said Party and that by his
or her execution, the Consultant is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written.
CITY OF SEAL BEACH CONSULTANT
B B A 6,
Jill R. Ingram, City Manager NameAk/ %/ " "V/
Attest: Its: V-rriF A&3i4D-,9lJ7-
By
Tina Knapp, City Clerk By. � __........_
Approved as to Form: Name:
Its:
Steven Flower, City Attorney
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3780 Kilroy Alrport Way,Suite 600
Long Beach,CA 90806
(562)426-9551 Fax(562)424-7489
WWW moffattnichol cone
EXHIBIT 1—SCOPE OF WORK AND FEE
December 19, 2014
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Mr. Sean Crumby, Assistant City Manager
Subject: Permit Services for Beach Nourishment
Dear Mr. Crumby:
Moffatt & Nichol (M&N) has been requested by the City of Seal Beach to submit a proposal to
provide permit support for beach nourishment at Seal Beach. Significant flooding of coastal front
properties on the eastern side of Seal Beach(East Beach)occurred on August 27th 2014 as a result
of unseasonably high ocean swell from Hurricane Marie off Mexico's Pacific coast. Given that an
El Nino type winter is anticipated for 2014-2015 the City deems it extremely urgent to widen and
elevate the beach in front of East Beach to reduce the threat of future flooding.
The County of Orange has currently stockpiled material as a result of recent excavation of the
Santa Ana River. The volume of material is approximately 75,000 cubic yards (cy) and is
considered to be compatible with native Seal Beach material in both grain size and chemistry.
The City already received approximately 30,000 cy of the sand and seeks to receive the
remainder. The availability of this material is limited and it is therefore recommended that the
City apply for permits to capitalize on this beach nourishment opportunity and place the material
as soon as possible. M&N has many years of experience in coastal regulatory permitting and can
assist the City to attempt to secure the required permits from the US Army Corps of Engineers
(USACE), California Coastal Commission (CCC) and Regional Water Quality Control Board
(RWQCB). Our approach is to attempt to secure emergency permits from the RWQCB and USACE.
We already know that the CCC will not issue an emergency permit for this work. If the RWQCB
and USACE also indicate an unwillingness to issue emergency permits, then we will pursue
standard individual permits from these agencies. The enclosed proposed budget assumes
securing standard permits.
Mr.Sean Crumby
City of Seal Beach
December 19,2014
SCOPE OF SERVICES
The tasks listed below will be implemented for this work.
1. Apply for Permits — Apply for three needed permits for the projects by completing the
following tasks:
a. Prepare a Concept - Develop a concept nourishment plan for permit application
purposes to specify appropriate material placement to provide added protection
to existing properties for the upcoming 2015 winter season;
b. Complete the Applications - Draft permit applications to the RWQCB and USACE
and supporting documentation for review by City staff, and revise the CCC
application;
c. Submit the Applications - Submit permit applications and supporting
documentation to all three regulatory agencies, including stamped and addressed
mailing envelopes for notices to adjacent property owners (a fee will be required
for the RWQCB, but it may have already been paid to the CCC);
d. Notify Other Agencies - Notify the California State Lands Commission (SLC) and
potential other agencies(Cal. Dept.of Fish and Wildlife,National Marine Fisheries)
of the applications for permits;
e. Coordination During Processing-Coordinate with USACE,CCC and RWQCB agency
staff during the permit process and attend up to three (3) meetings; and
f. Provide Additional Data - Respond to a total of two (2) additional data requests
each from the USACE, CCC and RWQCB.
2. Prepare CCC-Required Studies—Prepare studies required by the CCC that include:
a. Biological Studies of the Beach and Nearshore and
b. Beach Profiles of the Sand Placement Site.
3. Test the Sand -Collect and test two (2) additional chemistry and four(4) additional grain
size samples of the remaining stockpile material to confirm the material's compatibility
with native beach material, and analyze the results.
PROPOSED FEE
M&N proposes to provide the services described above on a time-and-materials basis, per the
attached rate schedule,for an amount not to exceed$60,000 without written authorization from
the City. The fee breakdown is provided in Table 1 below. Detailed backup will be provided for
II 2
Mr.Sean Crumby
City of Seal Beach
December 19,2014
all labor and reimbursable expense charges. Note that any permit application fees charged by
the agencies listed above are not included in the M&N fee and will be paid directly by the City.
For budgeting, those fees may reach up to 50% of the total proposed cost for permitting shown
below.
Table 1-Proposed Fee
........................................ _............. .k..,,,,,.. . .........m..............................������������� ... ..�. ............
Task
��..... - _ ... .�. ...
1. Apply for Permits See A-F Below _...._
A. Prepare a nce p
C t $2,460
B. Complete the Applications $12,418
C. Submit the Applications $1,230
D.J-Not-if b-therA encies �-----. �................... ........�...�-� ...... $-49...2.mm ...�_.....��....�.a .. ..
E. Coordination During Processing $4,405
F. Provide Additional Data .. .._��������-�� . ...� ..��. �.� ........ .... ...$4,04.2. .. ... m.. .... .......�
2. Prepare CCC-Required Studies See A-B Below
Biological Studies of the __ _
A. Biolo e Bea
g Beach and $15,629
Nearshore
....................._._....
.___w_ __
B. Beach Profiles of the Sand Placement $12,212
Site
. .. ..... .....
3. Test the Sand $7,112
Grand Total $60,000
3
Mr.Sean Crumby
City of Seal Beach
December 19,2014
Thank you for this opportunity to assist the City of Seal Beach. Please contact me with any
questions.
Sincerely,
MOFFATT& NICHOL
V,,m ,
Chris Webb, Project Manager
Supervisory Coastal Scientist
Enclosure: M&N 2014-2015 Rate Schedule
h1^14 4
Mr.Sean Crumby
City of Seal Beach
December 19,2014
kildkkqq moffaft & nichol
RATE SCHEDULE FOR PROFESSIONAL SERVICES
ENective July 1,2014 Until Revised
CLASSIFICATION HOURLY RATES
PROFESSIONALS SupervisoryEnginerr/Scientist S 235.00
Senior Engineer/Scientist S 216.00
Engutrer/SclentlstIH S 199.00
Engineer/Scientist II S 175.00
Engineer/Scientist I S 155.00
Staff Engineer!Scientist S 12.3.00
TECHNICIANS SeniorTecluucian S 170.00
Designer $ 160.00
CARD H S 135.00
CADD I 5 100.00
CLERICAL Word Processing S 100.00
General Clerical S 79.00
SPECIAL PrincipalEugineer/Scientist S 258.00
Deposition&Trial Testimony S 115.00
REIMBURSABLE EXPENSES (Unless Otherwise Provided In Written Agreement)
Subcontracts or Outside Services Cost+15%
Reproductions -In House
Mylar Plots(B/W) $2.00/SF
Color Plots $4.00/SF
Vellum Plots(B!W) $1,00fSF
Bond Plots(B/W) $0,50NF
Drawing Reproduction t:ast+15%
DOCUnlent Reproduction $0,10/sheet
-Outside Reproduction Cnst+15%
Travel Company Auto Prevailing IRS
Rental Vehicle Cost
Airfare Cost
Meals and Lodging Cost
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