City Council/Public Financing Authority
February 18, 2025

AMENDMENT NO. 5 TO AGREEMENT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
BIGGS CARDOSA ASSOCIATES, INC.

FOR BRIDGE DESIGN SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agrement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and
City and Consultant wish to further amend the Original Agreement to extend the term thereof and increase the compensation thereof,
NOW, THEREFORE, it is agreed by City and Consultant as follows:

EXTENSION OF TERM.

The term of the Original Agreement is hereby extended three additional years. The Original Agreement shall now expire on February 21, 2025, unless sooner terminated as provided therein.

ADDITIONAL WORK
Consultant shall provide to City such additional services as required by City, including administration, utility coordination, and further consultation and design services.
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ADDITIONAL COMPENSATION.

In consideration of the additional services to be performed, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, a not to exceed amount of Three Hundred One Thousand Eight Hundred Fifty- Seven Dollars ($301,857.00) to be added to the current contract amount of Two Million Eight Hundred Thirteen Thousand Seven Hundred Ninety-Seven Dollars ($2,813,797.00) for a new total contract amount not to exceed Three Million One Hundred Fifteen Thousand Six Hundred Fifty-Four Dollars ($3,115,654.00).

4. REAFFIRMATION.

Except as specifically modified hercin, all other terms and conditions of the Original Agreement shall remain in full force and effect. 22-10866/274065 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on February 1 - 2022.

BIGGS CARDOSA ASSOCIATES, INC., CITY OF HUNTINGTON BEACH, a a California corporation municipal corporation of the State of California
By: ninthal Barbara Deglig
OM. SCHNABEL
print name Mayor
ITS: (circle one) Chairmany President/Vice President Qotn Istanistan AND 2/8/22
City Clerk
Sanel B Sol
By:_
Daniel B. Devlin
print name
ITS: (circle one) Secretary Chief Financial Director of Public Works Officer/Asst. Secretary - Treasurer
APPROVED A8 PO FORM
City Attorney
REVIEWED AND APPROVED:

Dear age
City Manager
3 22-10866/274065
AMENDMENT NO. 4 TO AGREEMENT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
BIGGS CARDOSA ASSOCIATES, INC.

FOR BRIDGE DESIGN SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and
City and Consultant wish to further amend the Original Agreement to extend the term thereof and increase the compensation thereof,
NOW, THEREFORE, it is agreed by City and Consultant as follows:

EXTENSION OF TERM.

The term of the Original Agreement is hereby extended three additional years. The Original Agreement shall now expire on February 21, 2022, unless sooner terminated as provided therein.

ADDITIONAL WORK
Consultant shall provide to City such additional services as required by City, including construction, administration, environmental monitoring, and further consultation and design services.
19-7258/194964 1

ADDITIONAL COMPENSATION
In consideration of the additional services to be performed, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, a not to exceed amount of Four Hundred Forty-Six Thousand Three Hundred Seventy-Two Dollars ($446,372.00) to be added to the current contract amount of Two Million Three Hundred Sixty-Seven Thousand Four Hundred Twenty-Five Dollars ($2,367,425.00) for a new total contract amount not to exceed Two Million Eight Hundred Thirteen Thousand Seven Hundred Ninety-Seven Dollars ($2,813,797.00).

4. REAFFIRMATION.

Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 19-7258/194964 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on FEBRUARY 19 _ 2019.

BIGGS CARDOSA ASSOCIATES, INC., CITY OF HUNTINGTON BEACH, a a California corporation municipal corporation of the State of California
Mayor
ITS: (circle one) Chairman/President/Vice President
AND City Clerk
By:_ INITIATED AND APPROVED:
print name
ITS: (circle one) Secretary/Chief Financial
Director of Public Works
Officer/Asst. Secretary - Treasurer
APPROVED AS TO FORM:

Mime tales
So City Attorney
REVIEWED AND APPROVED:

City Manager

COUNTERPART
19-7258/194964 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on FEBRuARY 19. 2019.

BIGGS CARDOSA ASSOCIATES, INC., CITY OF HUNTINGTON BEACH, a a California corporation municipal corporation of the State of California
By:_
Michael Thomas
print name Mayor
ITS: (circle one) Chairman/President/Vice President
in Roten stanslaw
AND
2/20/190
By:_ INITIATED AND APPROVED:
print name
ITS: (circle one) Secretary/Chief Financial Director of Public Works Officer/Asst. Secretary - Treasurer
APPROVED AS TO FORM:

Min
zor City Attorney
REVIEWED AND APPROVED:

City Manager

COUNTERPART
19-7258/194964 3
AMENDMENT NO. 3 TO AGREEMENT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
BIGGS CARDOSA ASSOCIATES, INC.

FOR BRIDGE DESIGN SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and
City and Consultant wish to further amend the Original Agreement to extend the term thereof and increase the compensation thereof,
NOW, THEREFORE, it is agreed by City and Consultant as follows:

EXTENSION OF TERM.

The term of the Original Agreement is hereby extended three additional years. The Original Agreement shall now expire on February 21, 2019, unless sooner terminated as provided therein
2 ADDITIONAL WORK
Consultant shall provide to City such additional services as required by City, including construction, administration, environmental monitoring, and further consultation and design services.
15-4979/127915 1
:

ADDITIONAL COMPENSATION
In consideration of the additional services to be performed, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, a not to exceed amount of Three Hundred Forty-two Thousand Eight Hundred Seventy-five Dollars ($342,875.00) to be added to the current contract amount of Two Million Twenty-four Thousand Five Hundred Fifty Dollars ($2,024,550.00) for a new total contract amount not to exceed Two Million Three Hundred Sixty-seven Thousand Four Hundred Twenty Five Dollars ($2,367,425)

REAFFIRMATION
Except as specifically modıfied herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 15-4979/127915 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on DecomeR 21, 2015.

BIGGS CARDOSA ASSOCIATES, INC, CITY OF HUNTINGTON BEACH, a a California corporation municıpal corporation of the State of Calıfornia
ITS: (circle one) Chairman Presiden/Vice President
Joan of slipan
AND
is Mark a Croan INITIATED AND APPROVED.

MARK A
print name
ITS (circle one Secretary Chief Financial Director of Public Works Officer/Asst Secretary - Treasurer
APPROVED ASTOFORM:

City Attorney Pula/Nors
YAND APPROVED•
City Manager
15-4979/127915
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIGGS CARDOSA ASSOCIATES, INC. FOR BRIDGE DESIGN

SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC.., a California corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to further amend the Original Agreement to extend the term thereof,
NOW, THEREFORE, it is agreed by City and Consultant as follows:

EXTENSION OF TERM.

The term of the Original Agreement is hereby extended two additional years. The Original Agreement shall now expire on February 21, 2016, unless sooner terminated as provided therein.

REST OF PAGE INTENTIONALLY LEFT BLANK
1 13-4026/104393

2. REAFFIRMATION.

Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on JAN. 21.2014.

BIGGS CARDOSA ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a A California corporation municipal corporation of the State of California
Matter
print name Mayor
ITS: (circle one) Chairman President Vice President
AND
1314D)
By: Marl. 9 Carso INITIATED AND APPROVED:

MARK A CARDOSA
print name
ITS: (circle one Secretary/Chief Financial Director of Publie Troph Officer/Asst. Secretary - Treasurer
APPROVED AS TO FORM:

Mile I litter
ForCity Attorney Pe
12/30/2013
REVIEVED AND APPROVED:
ci Manager
2 13-4026/104393
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIGGS CARDOSA ASSOCIATES, INC. FOR BRIDGE DESIGN

SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement", and
City and Consultant wish to amend the Original Agreement to add more tasks and increase the amount of the compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows:

ADDITIONAL TASKS AND COMPENSATION.

Consultant agrees to perform the additional tasks described in Exhibit "A" hereto, which is incorporated by this reference as though fully set forth herein. In consideration of the performance of such additional tasks, City agrees to pay Consultant on a time and materials basis at the rates specified in the Original Agreement, an additional sum, including all costs and expenses, not to exceed One Million Four Hundred Ten Thousand Eight Hundred Ninety-three Dollars ($1,410,893.00). This additional sum shall be added to the original contract amount of Six Hundred Thirteen Thousand Six Hundred Fifty-seven Dollars ($613,657.00), for a new total contract amount not to exceed Two Million Twenty-four Thousand Five Hundred Fifty Dollars ($2,024,550.00).
1 12-3489/84568

2. REAFFIRMATION.

Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on DeraseR 01.20124.

BIGGS CARDOSA ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a A California corporation municipal corporation of the State of California
By:

STEPHEN A BINUS Done Ag
print name Mayor
ITS: (circle one) Chairman President/Vice President
an of Flyers
AND
By: Mark A Cardosa
INITIATED AND APPROVED:

MAaK A CARDOSA
print name B
ITS: (circle one) Secretary Chief Financial Director of Public Wörks Officer/Asst. Secretary - Treasurer
APPROVED AS TO FORM:
anto mist
City Attorney
8911212012
REVIEYFDAND APPROVED:

Cify Martager
12-3489/84568

PROFESSIONAL SERVICES CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
BIGGS CARDOSA ASSOCIATES, INC.

FOR BRIDGE DESIGN SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide bridge design services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:

SCOPE OF SERVICES
CONSULTANT shall provide all services described as individual design projects basically as set forth in Exhibit "A" incorporated herein, on an as-needed basis as directed by CITY. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT will perform all design services as set forth in a written Scope of Services to be provided in advance of each PROJECT.

CONSULTANT hereby designates Michael Thomas, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement.

10-2675/54616

2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement.

TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on FEBRUALY 222011 (the "Commencement Date").

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 (3) years from the Commencement Date. The time for performance of the tasks identified in each Scope of Services are generally to be shown in such Scope of Services. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.

In the event the Commencement Date precedes the date of final execution, CONSULTANT shall be bound by all terms and conditions as provided herein.

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 Six Hundred Thirteen Thousand Six Hundred Fifty Seven Dollars ($613,657.00).

EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A," or changes in the services described in Exhibit "A," CONSULTANT will undertake such work

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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 set forth in Exhibit "B."

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.

HOLD HARMLESS
To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT'S (or CONSULTANT's subcontractors, if any) negligence, recklessness or willful misconduct related to performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense, and CITY shall approve selection of CONSULTANT's counsel. This indemnity

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shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention 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 services (including subsequent policies purchased as renewals or replacements).

B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims.

CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement.

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

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evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall:

A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and
C. promise that such policy shall not be suspended, voided or canceled by : either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium.

CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY.

The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required.

11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY.

CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.

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12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.

13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.

14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent of 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.

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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; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent:

TO CITY: TO CONSULTANT:

City of Huntington Beach Biggs Cardosa Associates, Inc.

ATTN: Director of Public Works Attn: Michael Thomas
2000 Main Street 600 South Main Street, Suite 900
Huntington Beach, CA 92648 Orange, CA 92868

17. CONSENT
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

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construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.

20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal 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.

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22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification.

23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT.

24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.

25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive.

26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

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27. FEDERAL FUNDING CONTRACT REQUIREMENTS
This Agreement shall be governed and construed in accordance with the provisions of the Federal Funding Contract Articles set forth in Exhibit "A.1," as well as the provisions of 44 Code of Federal Regulations, Part 13.36 as set forth in Exhibit "A.1(a)" to this Agreement as well as the

28. 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.

29. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this

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Agreement, and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on FEBRuANy 222, 2011.

BIGGS CARDOSA ASSOCIATES, INC., a
California corporation
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Paratio
print name
ITS: (circle one) Chairman President Vice President Mayor AND
Mark a Culon Alty Clerk 2128(4 D
By:

MARK A CARROSA INITIATED AND APPROVED:
print name
ITS: (circle one Secretary Chief Financial Officer/Asst.

Secretary - Treasurer Director of Public Works

REVIEWED AND APPROVED AS TO
APPROVED AS TO FORM:

Pesen 2/8/2011
pr City Attorney
2/2/11

10-2675/54616
EXHIBIT "A"
A. STATEMENT OF WORK:

CONSULTANT shall provide bridge design services as directed by CITY through the issuance of task orders for each project based upon the scope of services, work schedule, and cost proposal submitted to CITY for its review and approval.

B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:

CONSULTANT's duties and responsibilities shall be as specified in the Agreement and collectively those specified in the Exhibits "A", A.1, A.1(a), A.2, A.3, "B", and B.l which are attached hereto and incorporated into the Agreement. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of those staff to CITY for approval before commencing work.

C. CITY'S DUTIES AND RESPONSIBILITIES:

1. Furnish record information and boilerplate documents that are available at the CITY.

2. Provide general direction to CONSULTANT as needed; review and provide comments on CONSULTANT submittals; and pay CONSULTANT for satisfactory services rendered in accordance with the Agreement.

3. Obtain Authorization to Proceed (E-76) from Caltrans for PE and CON phases (with assistance from CONSULTANT as needed).

D. WORK PROGRAM/PROJECT SCHEDULE:

A project schedule will be developed by CONSULTANT and approved by CITY for each project assigned by CITY through the issuance of task orders.

Exhibit A. 1 - Federal Funding Contract Articles

FEDERAL FUNDING CONTRACT ARTICLES
ARTICLE 1 INTRODUCTION
A. The Contract Manager for the City of Huntington Beach shall be the City Engineer or his designated representative.

ARTICLE 2 PERFORMANCE PERIOD (DELETE)
ARTICLE 3 ALLOWABLE COSTS AND PAYMENT
A. Specific projects will be assigned to the CONSULTANT through issuance of Task B. The CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT's Cost Proposal (Exhibit B.1). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee.

C. In addition, the CONSULTANT will be reimbursed for incurred direct costs other than salary costs, and other costs that are identified in the executed Task Order.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.

E. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred
F. The CONSULTANT shall not commence performance of work or services until this Agreement has been approved by the CITY, and notification to proceed has been issued by the CITY's Contract Manager. No payment will be made prior to approval or for any work performed prior to approval of this contract.

G. The total amount payable by the CITY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.

H. The total amount payable by the CITY for all Task Orders resulting from this Agreement shall not exceed $613,657. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through Task Orders.

1. All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE 4 FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this contract in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.

D. The CITY has the option to terminate the Agreement upon thirty (30) days written notice to the CONSULTANT, or by mutual agreement to amend the contract to reflect any reduction of funds.

ARTICLE 5 COST PRINCIPLES
A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the individual allowability of cost items.

B. The CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to the CITY.

ARTICLE 6 CONTINGENT FEE
The CONSULTANT warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE 7 RETENTION OF RECORDS / AUDITS
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, the CONSULTANT, subcontractors, and the CITY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, the State Auditor, CITY, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the Agreement for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

Subcontracts in excess of $25,000 shall contain this provision.

ARTICLE 8 DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of the CITY's Contract Manager and the City Engineer or his designated representative, who may consider written or verbal information submitted by the CONSULTANT.

B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the CITY Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this Agreement.

ARTICLE 9 AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the CITY's Chief Financial Officer.

B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a review by the CITY's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by the CITY will excuse the CONSULTANT from full and timely performance, in accordance with the terms of this Agreement.

ARTICLE 10 SUBCONTRACTING
A. The CONSULTANT shall perform the work contemplated with resources available within its own organization, and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the CITY's Contract Manager; except that which is expressly identified in the approved Cost Proposal.

B. Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors.

C. Any substitution of subconcontractors must be approved in writing by the CITY's Contract Manager.

ARTICLE 11 EQUIPMENT PURCHASE
A. Prior authorization in writing, by the CITY's Contract Manager shall be required before the CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service or consulting work not covered in the CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by the CITY's Contract Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased as a result of this AGREEMENT is subject to the following:
"The CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, the CONSULTANT may either keep the equipment and credit the CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit the CITY in an amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fair market value shall be determined at the CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the CITY and the CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the CITY."
D. All subcontracts in excess $25,000 shall contain the above provisions.

ARTICLE 12 INSPECTION OF WORK
The CONSULTANT and any subcontractor shall permit the CITY, the state, and the FHWA if ederal participating funds are used in this contract to review and inspect the project activitie and files at all reasonable times during the performance period of this Agreement includin review and inspection on a daily basis.

ARTICLE 13 SAFETY
A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the CITY's Authorized Agent or representative.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the CITY has determined that such areas are within the limits of the project and are open to public traffic. The CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE 14 OWNERSHIP OF DATA
A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. The CONSULTANT shall furnish the CITY all necessary copies of data needed to complete the review and approval process.

B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into.

C. The CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the CITY of the machine-readable information and data provided by the CONSULTANT under this Agreement; further, the CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the CITY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by the CONSULTANT.

D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreement as appropriate.

E. The CITY may permit copyrighting reports or other Agreement products. If copyrights are permitted, the Agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

F. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article.

ARTICLE 15 CLAIMS FILED BY CITY'S CONSTRUCTION CONTRACTOR A. If claims are filed by the CITY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from the CONSULTANT's personnel is required in order to evaluate or defend against such claims, CONSULTANT agrees to make its personnel available for consultation with the CITY's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT's personnel that the CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the CONSULTANT's personnel services under this Agreement.

C. Services of the CONSULTANT's personnel in connection with the CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to finally resolve the claims.

D. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article.

ARTICLE 16 CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to the CITY's operations, which are designated confidential by the CITY and made available to the CONSULTANT in order to carry out this Agreement, shall be protected by the CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by the CITY relating to the Agreement, shall not authorize the CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. The CONSULTANT shall not comment publicly to the press or any other media regarding the Agreement or the CITY's actions on the same, except to the CITY's staff, CONSULTANT's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee.

D. The CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the CITY, and receipt of the CITY's written permission.

E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by the CONSULTANT to any entity other than the CITY.

ARTICLE 17 NATIONAL LABOR RELATIONS BOARD CERTIFICATION (DELETE) ARTICLE 18 EVALUATION OF CONSULTANT
The CONSULTANT's performance will be evaluated by the CITY. A copy of the evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record.

ARTICLE 19 STATEMENT OF COMPLIANCE
The CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

ARTICLE 20 DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the CITY
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT's responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

ARTICLE 21 STATE PREVAILING WAGE RATES
A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all federal, state, and local laws and ordinances applicable to the work.

B. Any subcontract entered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article.

ARTICLE 22 REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right in its discretion to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE 23 PROHIBITION OF EXPENDING CITY, STATE OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies to the best of his or her knowledge and belief that:

1. No state, federal or local agency appropriated funds have been paid, or will be paid by- or-on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.

Exhibit A.1(a) - 44 CFR, Part 13.36
-
44 Code of Federal Regulations Part 13.36
(1) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies hanged conditions, access and records retention, suspension of work, and other clause (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold). (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000).
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). supplemented in Department of Labor regulations (29 FR part 3). (All contracts and suberant 4) Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) a for construction or repair).
(S) Compliance with the Davis-Bacon Act (40 U.S.C, 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation). (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 Ork part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, 09-2221/43280
243000020107
•

1. nd records of the contractor which are directly pertinent to that speci orator papers are making dear read transcription
(11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). (13) Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
09-2221/43280
NO: 7023724020997210042302
Exhibit A.2 - Scope of Services Requested

REQUEST FOR PROPOSAL

1. BACKGROUND AND OBJECTIVES
The City of Huntington Beach Public Works Department (City) has issued this Request for Proposal (RFP) to solicit a written response from a qualified firm (Consultant) with the ability to obtain the required environmental approvals, and prepare the final construction documents (plans, special provisions, & estimates) for the following bridge repair/rehabilitation projects:

I. Brookhurst Street Bridge over Talbert Channel (Bridge No. 55C0096) Il. Magnolia Street Bridge over Huntington Beach Channel (Bridge No. 55C0388) Ill. Warner Avenue Bridge over Bolsa Chica Channel (Bridge No. 55C0417) IV. Admiralty Drive Bridge over Queen Elizabeth Passage (Bridge No. 55C0282) Davenport Drive Bridge over Weatherly Channel (Bridge No. 55C0259) VI. Gilbert Drive Bridge over Shelter Channel (Bridge No. 55C0258) VII. Humboldt Drive Bridge over Short Channel (Bridge No. 55C0284) VIII. Trinidad Lane Bridge over Weatherly Channel (Bridge No. 55C0260) The City applied for Federal Bridge Preventive Maintenance Program (BPMP) grant funding in December 2007 for the proposed I.) Brookhurst Street Bridge, II.) Magnolia Street Bridge, and IIl.) Warner Avenue Bridge preventive maintenance projects. In December 2009, the City received notification that these bridges had been accepted into the Highway Bridge Program (HBP) and that Federal HBP funds had been slated for the preliminary engineering (PE) and construction (CON) phases of these projects.

Additionally in December 2009, the City applied for Federal HBP grant funding for the proposed IV.) Admiralty Drive Bridge, V.) Davenport Drive Bridge, VI.) Gilbert Drive Bridge, and VII.) Humboldt Drive Bridge repair/rehabilitation projects. The City anticipates that Federal HBP grant funding will also be made available for these four bridges. Though no application was submitted, the City was notified that the VIII.) Trinidad Lane Bridge is also on Caltrans' eligible bridge list and has a potential to receive Federal funding. Adobe pdf files of the available HBP applications for the proposed bridge projects have been attached for reference purposes. The City intends to issue separate NTPs to the Consultant based upon available project funding.

The City's objectives in the issuance of this RFP are as follows:
** Adhere to the Consultant selection process specified in the Caltrans LAPM. * Execute a 3-year term contract with Consultant to provide services specified in this RFP. • Prepare the necessary documents, studies, analysis, etc. and obtain all require nvironmental approvals to construct the proposed bridge repair/rehabiliation projects • Obtain all required Federal, State, local, and regulatory permits and approvals to construct the proposed bridge repair/rehabilitation projects. * Prepare the final construction documents (i.e., plans, special provisions, and estimates) to construct the proposed bridge repair/rehabilitation projects. * Advertise the construction contract to repair/rehabilitate the III.) Warner Avenue Bridge over Bolsa Chica Channel by August 2011.

2. SCHEDULE OF EVENTS
This RFP will be governed by the following schedule:
* Release of RFP May 21, 2010
* Deadline for Written Questions June 4, 2010
* Responses to Questions Posted on Web June 9, 2010
* Proposals are Due June 21, 2010
*, Proposal Evaluation Completed July 19, 2010
* Approval of Contract TBD

3. SCOPE OF WORK
The following is a general description of the anticipated project tasks. These tasks are somewhat flexible and the Consultant is encouraged to provide recommendations with respect to scope and order of completion. A detailed work plan, including a breakdown of specific tasks and phasing is required as part of the Consultant's proposal. The scope of work for each of the proposed bridge projects may include, but is not limited to the following tasks:

Preliminary Engineering
* Research all applicable State, County, and local records; review record drawings, right-of- way information, previous applications, etc.
* Perform topographic survey correlated with the California Coordinate System (Zone 6) and applicable Orange County Surveyor's vertical datums.
* Responsible for public and private utility facility mapping, including the identification of utilities that must be relocated, rehabilitated, or replaced within each project area. i, Review City's Master Bridge Preventive Maintenance Plan and submitted HBP applications; perform field reconnaisance to define scope of work.
* Prepare preliminary plans and cost estimates.
* Analyze project schedule and recommend construction phasing to mitigate traffic impacts. * Responsible for overall project management; attendance of project meetings and providing the City monthly status reports to support Consultant invoicing.

Environmental Services
* Review design documents and all background materials, including existing environmental documents and studies within or near each project area, and prepare a written assessment on each of them.
* Complete a Notice of Preparation (NOP).

Prepare the appropriate Environmental Document including, if necessary, a complete Environmental Impact Report (EIR). The Report shall comply with all CEQA and NEPA requirements including, but not limited to: issuance of a draft Environmental Document; Response to Comments; preparation of a Mitigation Monitoring Plan; Written Findings and Statement of Overriding Considerations (if necessary); issuance of the Final Environmental Document; and processing through to the Environmental Clearance from Caltrans. 2 * Responsible for project management and coordination with and between Federal, State, and local public agencies and private entities. This includes management necessary for EIR preparation (if required), environmental submittals and processing through Caltrans and attendance at all project meetings, including public participation meetings.

Permits
i Obtain permits/approvals from all applicable Federal, State, and local agencies including, but not limited to: Caltrans, the County of Orange, the City of Huntington Beach, etc.

Construction Documents
i Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. The City will provide the General Provisions and bid forms in a Microsoft Word and/or Excel Version 2003 format. The Consultant shall modify the documents by adding the necessary special provisions and project bid schedule. The City shall review the construction documents at the preliminary engineering, sixty (60%), ninety percent (90%), and final document stages or as deemed necessary by the City. All project calculations, supporting/reference information, correspondence, photos, Microsoft Office files, etc. shall be provided to the City with the final submittal or upon request. * Drawings shall be prepared in a standard engineering scale using AutoCAD version 2000, 2004, or 2007. All drawings shall have their bearings based upon and translated to be consistent with the California Coordinate System (Zone 6). Final Drawings shall be wet signed and stamped on 24-inch by 36-inch mylar media. All project AutoCAD files (i.e. drawing files, x-refs, blocks, fonts, etc.) shall be provided to the City on CD or DVD format.

Bidding Stage
* Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, perform constructability review of other firms or own plans and specifications, prepare addenda, analyze bids, and recommend award.

Construction Stage (Associated costs shall be itemized separately as an optional component) * Attend pre-construction conference.
* Monitor construction schedule, visit construction site as required for progress and quality of work evaluation.
• Assist the engineer, contractor, and construction manager/contract administrator with nterpretation of the plans and specifications, analysis of changed conditions, development of orrective action, review of shop drawings and other submittals, and the review anc negotiation of change orders.
* Upon completion of construction, the Consultant shall prepare "as-built" drawings to the satisfaction of the City.

4. CITY'S RESPONSIBLITIES
* Furnish record information and boilerplate documents that are available at the City. * Provide general direction as needed; review and provide comments on submittals. * Obtain Authorization to Proceed (E-76) from Caltrans for PE and CON phases (with assistance from Consultant as needed).
3 Exhibit A.3 - BCA Technical Proposal
C. BACKGROUND AND PROJECT SUMMARY
(.. Key Project Issues
The Brookhurst Street Bridge over Talbert Channel (Bridge No. 55C0096) is a 5-span precast/presstressed voided slab bridge, with 6 traffic lanes, built in 1958 and widened in 1989.

Magnolia Street Bridge over Huntington Beach Channel (Bridge No. 55C0388) is a 3-span cast-in-place concrete slab bridge, with 4 traffic lanes and built in 1973.

Warner Avenue Bridge over Bolsa
Chica Channel (Bridge No. 55C0417) is
a 3-span precast/presstressed voided
slab bridge, with 4 traffic lanes and built
in 1981.

All three bridges above
exhibit cracking and spalling
in the concrete barriers with
exposed corroded reinforcing. Embankment erosion was found at many of the abutments and exposed abutment piles.
understand the City would like to repair/rehabilitate the existing 3 bridges, to safe and reliable crossings. Per our brief field visit, the Caltrans Bridge Inspection Reports, the condition of the bridge, and year in which the bridge was constructed, repair/rehabilitation projects seem the most practical.

Some of the challenges of the three bridge projects above include:
• The bridges are located within 1000 feet of the ocean and tidal flow in the channel is to be expected. All exposed surfaces show signs of concrete cracking, concrete spalling and corrosion.

Corrosion resistant materials such as stainless steel fence posts and epoxy coated reinforcing steel should be considered for replacement materials. Applying a corrosion inhibitor and sealer to new concrete and existing concrete surfaces should also be considered.

The existing bridge decks have an AC overlay and the deck condition is unknown. Not much information about the bridge deck underside condition is given in the Caltrans Bridge Inspection Reports and Bridge Preventative Maintenance Report. During design we would suggest a complete investigation of the bridge deck, deck underside and bridge supports be done and any concrete cracks/spalls should be repaired as part of the project. Finally, some consideration should be given to replacing the deck AC overlay with a polyester concrete overlay to protect the bridge from ocean spray and add durability. • The bridge sites are located in or adjacent to wetlands and restoration areas. It is critical the repair/rehabilitation project construction is conducted in a matter that has the least impact on the waterway and the surrounding areas. We will develop bridge and construction staging plans that reduce or avoid environmental and permitting impacts.

The Admiralty Drive Bridge over Queens Elizabeth Passage (Bridge No. 55C0282) is a 3-span steel girder bridge, with 2 traffic lanes and built in 1963.
3 The Davenport Drive Bridge over Weatherly Channel (Bridge No. 55C0259) is a 3-span steel girder bridge, with 2 traffic lanes and built in 1965.

The Gilbert Drive Bridge over Shelter Channel (Bridge No. 55C0258) is a 3-span steel girder bridge, with 2 traffic lanes and built in 1963. * : The Humboldt Bridge over Short
Channel (Bridge No. 55C0284) is a 3-
span steel girder bridge, with 2 traffic
lanes and built in 1963.
55(B]
All four bridges above exhibit
cracking and spalling in the
concrete decks and barriers with exposed corroded reinforcing.

Steel girders and bearing devices have extensive corrosion to the point of possible loss of steel material. We understand the City would like to repair/rehabilitate the existing 4 bridges, to safe and reliable crossings. Per our brief field visit, the Caltrans Bridge Inspection Reports, the condition of the bridges, and year in which the bridges were constructed, it is unclear if repair/rehabilitation or bridge replacement project is the most practical. Per the Request for Qualifications, this proposal assumes the above bridges will be rehabilitated.

Some of the challenges of the four bridge projects above include:
• The bridge Application for HBP Funds is looking to clean and paint all steel surfaces. On past projects, a method of underside hanging work area and tenting were used to clean and paint steel surfaces. Boat traffic and high tide waterway flow should be considered when the construction staging and clean/paint plan is being prepared. See the adjacent photo of a clean and paint steel surfaces project. • The bridges above provide the only means of access for residents on Admiralty, Humboldt and Davenport Islands. A detour bridge during construction will require a very large construction area and will likely be very costly. We will develop a repair/rehabilitation solution that keeps the bridge open to traffic without the use of a detour bridge. Reducing the traffic to one lane, both directions and providing a signalized traffic control system during construction is one solution. See the adjacent photo of a single lane traffic :08:7072006* control during a clean and paint steel surfaces project. • As described in the Caltrans Maintenance Reports, the Sufficiency Ratings are between 47.0 and 49.8 with exception of Admiralty Drive Bridge with a Sufficiency Rating of 65.0. Most of the bridges are Structurally Deficient or Functionally Obsolete. Per the HBP guidelines, bridges with Sufficiency Ratings less than 50 are candidates for bridge replacement. During the preliminary design/ type selection phase, we would recommend a life-cycle cost analysis be preformed to evaluate a bridge repair/rehabilitation versus a bridge replacement. Assuming a 75-year design life, a bridge replacement may be the most cost effective solution for some of the above bridge projects. • The above bridges are located over protected waterways and adjacent to residential properties. It is critical that the repair/rehabilitation project construction is conducted in a manner that has the least impact on the waterway and the residential properties. We will develop bridge and construction staging plans that reduce or minimize environmental and permitting impacts.

Utility issues
All utilities affected by the construction will have to be identified and addressed in the design. Based on our preliminary review, utilities include gas, sewer, and water lines that are hung from the existing bridges. Telephone and electric lines are encased in the bridge concrete sidewalks. The design team will work hand-in- hand with the civil consultant to minimize utility impacts and to make sure the civil consultant is well informed of the staging, construction techniques and proposed construction materials and equipment, etc., which will be needed for the project construction. FPGEVOLTAGE
Environmental Issues/ Permitting Issues
The initial step in the environmental review process for transportation projects off the State Highway Syster is completion of a Caltrans Preliminary Environmental Study (PES). The responses to the PES questions in the checklist provides the information required to determine the studies to be performed and the recommended level of CEQA/NEPA documentation (CE/CE, EA/ND, or EIR/EIS). The work described in the attachments to the RFP would take place within existing rights-of-way and no new structures would be constructed. The proposed activities appear to be Preventative Maintenance (PM) which is defined as a strategy of cost effective treatments applied to an existing roadway system and its appurtenances that preserves the system, retards future deterioration, and maintains or improves the functional condition of the system (without substantially increasing structural capacity)." For these reasons, it is likely that the appropriate documentation will be a Categorical Exclusion/Categorical Exemption.

Rehabilitation and repair projects such as this are specifically called out in 23 CFR 771.117(d) as actions that would fall under a Categorical Exclusion (CE) under NEPA. NEPA Categorical Exclusions (CEs) are actions which meet the definition contained in 40 CFR 1508.4, and, based on past experiences; do not involve significant environmental impacts. They are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on any natural, cultural, recreational, historic or other resource; do not involve significant air, noise, or water quality impacts; do not have significant impacts on travel patterns; or do not otherwise, either individually or cumulatively, have any significant environmental effect.

CEQA Categorical Exemptions apply to projects which have been determined not to have a significant effect on the environment and which, therefore, are exempt from the provisions of CEO under Section 21084 of the California Public Resources Code, Class 1 Exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The key consideration is whether the project involves negligible or no expansion of an existing use. CEQA Guidelines Section 15301 (d) specifically identifies projects that restore or rehabilitates deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety as being one of the types of projects that qualify for a Class 1 CE. 5 зек
D. WORK METHODOLOGY
Project Management
The centerpiece of any well-executed project is effective Project Management to understand the needs of the Client, direct the flow of information, define and track tasks, assign the appropriate people to complete the work, and ensure a technically sound, constructible and cost-effective set of construction documents.

Project Kick-Off Meeting: We believe that being proactive and inclusive with all of a project's stakeholders is the key to fostering cooperation and ensuring that various parties are not working at cross-purpose to each other. An important component of our Kick-Off Meeting, is what we call a Relationship Workshop. Every client is different and has different expectations as far as project goals, communication style, etc. For example, what are the most important results you are expecting from this project (minimize traffic disruption? minimize cost? shorten schedule?) In what format would you like to receive updated budgets and schedules? Do you prefer email or telephone communication? Do you like to be copied on all project communication, or just be informed of results? We like to understand our client's preferences and tailor our management plan to meet those expectations.

Progress Meetings: We will schedule progress meetings at the City offices to discuss the status of the project, upcoming efforts, issues and other relevant information. An agenda and invitation will be sent out one week prior to the meeting, including minutes from the previous meeting. At the meeting, two tools that we like to use would be distributed. The first is an Outstanding Issues list. Items on the list are discussed at the meeting, new issues are added and assigned, and tasks completed are noted as "closed". The second tool is a 3-month Look-Ahead Schedule, highlighting upcoming tasks and deliverables.

Monthly Billing and Progress Report: On a monthly basis, we will issue invoices to the City detailing the personnel that has worked on the project, hours worked, subconsultants' work and reimbursable expenses. Accompanying the bill will be a progress report outlining the major items worked on during the billing period.

Quality Assurance and Quality Control
The QA/QC program at BCA employs a company-wide approach that establishes and oversees policies, procedures, standards and guidelines aimed at producing a superior level of quality on every project. The result is that, in over 6,000 projects designed by our firm since our Inception, we have not had a single lawsuit! Quality Control is maintained by a parallel two-phase process on each individual project. The first phase consists of a systematic review process during design, where project managers set up a detailed work plan and schedule of the work to be performed and continuously monitor progress of the project. They directly supervise project engineers, who in turn supervise and review the design and drafting staff. Essential elements of the design are reviewed by the project manager, including calculations, drawings, and specifications. The project manager is responsible to the client from initial contact through completion of the entire project.

The second phase of Quality Control is to have an Independent Team (one not involved in the original design) lead a separate effort to provide an in-depth independent review of both the preliminary engineering and the final contract documents.

Adherence to Schedule
BCA is committed to being responsive to the schedule needs of the Client and has developed detailed procedures to ensure that not only final deadlines are met, but every interim submittal is consistently made on schedule. This is achieved by strong project management and the utilization of the following techniques:
• The key to schedule adherence lies in a well-developed plan. The Project Manager takes great care to break down in detail the work anticipated for a project, carefully assigning hour estimates to each task. • For projects that involve concurrent design on several bridge structures, the PM assigns two or more Project Engineers to coordinate the design of one or more structures each. Depending on the complexity of the project, the Project Engineers may break down their tasks further. At every level of responsibility, the person in charge is given a schedule and made fully responsible and accountable for meeting it. 6 BEA
• Care is taken to ensure that the staff assigned to a project are fully qualified to perform the work required of them and that their current workload will not impact their ability to meet their schedule milestones. • The Project Manager keeps a hands-on approach in ensuring that Project Engineers are keeping pace with the original estimate. This is accomplished by daily contact between the Project Manager and the Project Engineers.
• Weekly staff meetings are held to gage the status of the various projects underway in the office and to allow Project Managers to draw additional staff from other design teams in the event that additional manpower is required to meet a scheduled milestone.

Adherence to Budgets
BCA recognizes the importance to the Client of adhering to budgets, and has developed various procedures to ensure that budgets are carefully monitored throughout the project. In this way, any deviation from the original estimate can be quickly corrected by refocusing the attention of the Project Manager to the trouble area. • Before the start of the project, the Project Manager carefully plans the work, breaks down the tasks, and assigns man-hours to the various tasks. We do not rely on industry rule-of-thumb budget determinations, such as a percentage of construction cost. This is especially true of rehabilitation and seismic retrofit projects, where every bridge is different.
• PMs keep daily control of the tasks being performed by all the engineers working on the project. • PMs review on a weekly basis summary sheets issued by our accounting department, which show who worked on what project, how many hours were spent, and the status of the budget. • PMs control the billing for all their projects, which adds another level of control over expenditure.

Scope of Work
We have reviewed and agree to the scope of work presented in the RFP. In this section, we break down specific tasks and phases where we feel it is important to elaborate and identify special challenges that we foresee in all of the bridge repair/ rehabilitation projects.

Phase 0- Project Management
Project Management, Monthly Meetings and Quality Assurance are not specifically discussed here, as they were covered in more detail in the previous sections. All management, administration, billing, coordination, etc. required to complete this project will be provided.

Phase 1- Preliminary Engineering
Task 1.1 - Kickoff Meeting
Project Kickoff Meeting with all stakeholders, as described above.

Task 1.2 - Caltrans Field Review
We will conduct a field review with the City PM to discuss specific access, environmental, traffic, utilities and other pertinent coordination issues. We will prepare the "Field Review Form" (Exhibit 7-B).

Task 1.3 - Local Programs Compliance (OPTIONAL)
Our understanding is that the City will be responsible for the HBP paperwork and compliance with the Caltrans Local Assistance Procedures Manual (LAPM) and the HBP requirements. However, we will be available for consultation and to provide assistance, if required, including DBE compliance forms, Request for Authorizations, Right of Way Certification, and project closeout forms.

Task 1.4 - Collect and Review Existing Data
In this task we will review any project material available from the City, including record drawings, maintenance reports, right-of-way information and utility drawings. Also, we will review the City's Master Bridge Preventive Maintenance Plan and submitted HBP applications.

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Task 1.5 - Topographical Mapping and Surveying
We will perform topographical surveying correlated with the Califomia Coordinate System (Zone 6) and applicable Orange County Surveyor's vertical datums
Task 1.6 - Inwater and Underwater Inspection
During low tide, we will inspect the underside of the bridge deck, abutment walls, bent beams and columns, and check for exposed piles. We understand Caltrans has preformed underwater inspections but it is unclear if the piles are exposed for many of the project bridges. From the Application for HBRRP Request, there is a concer with marine borer contamination and damage for piles that are exposed.

Task 1.7 - Hydrology & Hydraulic Investigation (NOT INCLUDED) We are assuming these repair/rehabilitation projects can be done without a hydraulic analysis and a scour and degradation analysis. If during the existing pile review the timber piles are found to be exposed and require scour mitigation, we will submit an additional proposal for preparing a Hydraulic Study Report.

Task 1.8 - Concrete Testing (NOT INCLUDED)
We are assuming these repair/rehabilitation projects can be done without performing concrete testing. If during the inspection the bridge deck, abutment walls, and/or bent beams and columns the concrete is found to be degraded, we will submit an additional proposal for coring and testing concrete.

Task 1.9 - Utilities Investigation and Coordination
We will research the existing utilities, coordinate with utility companies and generate utility relocation plans, if needed.

Task 1.10 - Life-Cycle Cost Analysis (OPTIONAL)
We would recommend a lite-cycle cost analysis be preformed to evaluate a bridge repair/rehabilitation versus a bridge replacement. Assuming a 75-year design life, a bridge replacement may be the most cost effective solution for a few of the bridge projects.

Task 1.11 - Prepare 30% Plans
Although we will make a formal 30% submittal to the City at the conclusion of our Preliminary Engineering Phase, all the content of this submittal would have been already discussed with the City, at least in draft form, prior to this point. The 30% submittal will include our 30% Plans (Bridge General Plan and Construction Staging Plans), Cost Estimates, and any relevant supporting documentation.

Phase 2 - Environmental Services
Task 2.1 - Caltrans Environmental Documentation
Prepare Preliminary Environmental Studies (PES) For
A complete and signed PES Form is required for all local agency federal-aid transportation projects "OFF" the State Highway System. The PES Form is proposed to be completed in accordance with the Local Assistance Procedures Manual, particularly Chapter 6 Environmental Procedures (Form is provided as Exhibit 6-A). Instructions for completing the PES For are provided in Exhibit 6-B. Our environmental consultant, UltraSystems, has prepared numerous Caltrans PES Forms for projects of similar scope and size throughout Southern Califomia.

Use of Available Information. Before beginning these investigations, we will obtain and review available documents that address the proposed project or provide general information conceing the project site and its environs. We will identify and review all pertinent studies, note any informational deficiencies, and determine whether any further technical analyses are needed.

Areas of Environmental Concern. We don't expect to find any significant environmental impacts. For the purpose of this proposal, it is assumed that no acquisitions will be necessary as part of this project and all 8 BeF
bridge improvements will be within existing City right-of way. Air Quality and Noise (during construction) are two areas of environmental concem that are not expected to require the preparation of detailed technical studies, but are issues to be considered in responding to the PES checklist questions. The bridge repairs will not increase the use of the facilities after implementation, and the air quality and noise impacts would be the same as if the project was not implemented.

Submittal of Draft PES. We will prepare and submit five copies of a screencheck Draft PES to the City for its review and comments. Two weeks after receipt of comments from the City, we will revise the screencheck Draft PES accordingly and submit 10 copies of the document to the City as the Draft PES.

Task 2.2 - CEQA/NEPA Environmental Documentation
All environmental documentation will be prepared in full compliance with CEQA and NEPA guidelines and procedures. We anticipate that the appropriate CEQA/NEPA documentation for the proposed project will be a CE/CE: Categorical Exemption (CEQA) and Categorical Exclusion (NEPA). However, if it's found that potentially significant and adverse impacts may result from the proposed projects, the CE/CE may not be the appropriate environmental document. This is not anticipated at this time. The CE/CE and supporting studies will be prepared in accordance with City of Huntington Beach, Caltrans, and FHWA requirements and regulations for implementing CEQA and NEPA.

Task 2.2.1 - Air Quality
The project could directly impact air quality in the immediate vicinity of the project site during project construction. UltraSystems will discuss air quality pursuant to the adopted standardized protocol used by the City, and consistent with the SCAQMD CEQA Air Quality Guidelines.

Task 2.2.2 - Noise
UltraSystems will discuss noise from the project site as it affects nearby users, particularly sensitive receptors. Short-term noise-related impacts from project construction will be identified using accepted noise criteria applicable to construction equipment. The IS noise analysis will include discussion of the applicable State and City noise guidelines and policies (including the City's Noise Element and Ordinance.

Task 2.3 - Permitting Approval
We will coordinate with regulatory agencies, and process their respective permit applications. Depending on the nature of the proposed repairs, permits may include:
• California Dept. of Fish & Game 1602 Streambed Alteration Agreement • U.S. Army Corps of Engineers Nationwide Permit
U.S. Coast Guard
Regional Water Quality Control Board
County of Orange
• City of Huntington Beach
Phase 3 - Construction Documents
Task 3.1 - Respond to City's 30% Review Comments
We will respond to the City's review comments and make appropriate revisions for the 60% submittal.

Task 3.2 - Right-of-Way Engineering (NOT INCLUDED)
Our understanding is that all repair/rehabilitation work can be done without right-of-way acquisition. 9 BER
Task 3.3 - 60% PS&E
We will prepare 60% civil and structural plans for the selected repair/rehabilitation, which are essentially complete, but unchecked plans. We will prepare a complete set of structural calculations. We will develop a draft set of specifications based on Caltrans 2006 Standard Specs and Standard Special Provisions (SSPs). We will submit to the City Plans, Specifications and a Cost Estimate.

Task 3.4 - Respond to City's 60% Review Comments
We will respond to the City's review comments and make appropriate revisions for the 90% submittal.

Task 3.5 - Independent Check (Quality Control)
The independent check team will perform a detailed review of the 60% plans and calculations. They will then review the 60% specifications. Comments will be discussed and reconciled with the design team.

Task 3.7 - 90% PS&E
The design team will incorporate appropriate Independent Check comments in its design calculations, plans and specifications. After concurrence with the Independent Check team that all comments were addressed satisfactorily, the design team will update the detailed quantity take off. The Independent Check team will then carefully check the detailed quantity take-off, and differences will be reconciled with the design team. We will submit to the City a final set of Plans, Specifications and Engineer's Estimate.

Task 3.8 - Respond to City's 90% Comments
We will respond to the City's review comments and make appropriate revisions for the 100% submittal.

Task 3.9 - Final 100% PS&E
After addressing all comments, we will issue a bid-ready set of Plans, Specifications and Estimate.

Phase 4 - Bidding Stage
Task 4.1 - Bid Support
We will assist the City during bidding, answering Contractor's questions, pre-bid conference and job walk, issuing addenda, analyze bids, and recommend award.

Phase 5 - Construction Stage (OPTIONAL)
Task 5.1 - Pre-construction Conference (OPTIONAL)
We will participate in a pre-construction conference.

Task 5.2 - Construction Observations (OPTIONAL.)
We will monitor the construction schedule and perform periodic site visits during construction and report on the progress and quality of the work and compliance with the final plans and specification.

Task 5.2 - Response to RFIs (OPTIONAL)
We will respond to Contractor's Requests for Information (RFls) to clarity our drawings and/or intent. We will also issue any required Contract Change Orders (CCOs). Generally, CCOs are required due to differing site conditions or because of Contractor's deviations from the plans during construction and mitigation measures are needed. However, if the CCO is required due to errors or omissions on our plans, it is our policy to produce the required CCO at no cost to our Client.

Task 5.3 - Review Contractor's Submittals (OPTIONAL)
We will review concrete mixes, shop drawings and all Contractor submittals required by the specifications.

Task 5.4 - Produce Record Set of Drawings (OPTIONAL)
At the end of construction, we will generate a Record Set of Drawings incorporating changes to our plans that occurred during construction. We will use information from any Contractor-generated or inspector- generated set of red-marked drawings and information we have collected from RFls during construction. 10 BCA
E. STAFFING
Our design team is comprised of Biggs Cardosa Associates as the prime consultant and bridge engineer, with the support of experts in their various disciplines including, civil, surveying and environmental. Our project team has worked together on multi-discipline projects and has developed an excellent working relationship. We believe that we bring the City of Huntington Beach a well-coordinated and technically strong team.

City of
Huntington Beach
Orange County
Caltrans
District 12 Project Manage
Michael Thomas, SE
toy Swenson,

ISPECIALIZED SUPPORT
Structures Environmental
Proiect Engineers lanage
Richard Sanguinetti, PE endal Ju
Geoffrey Dizon, PE
vil Engine Permitling NEPA/CEQA
п Brust, Paul Brenner Documents
( Hina Cupta'
*Biggs Cardoss Associates TW.G Zimmerman Engineering UltraSystems Environmental Biggs Cardosa Associates Project Management and Bridge Engineering The following experienced Biggs Cardosa Associates staff will be assigned to work on this project. Their active California professional registration numbers are included.

Project Role Personnel Registration.

Project Manager Michael Thomas, S.E. S.E. 4676
Structures Project Engineer Richard B. Sanguinetti, P.E P.E. 65406 Structures Project Engineer Geoffrey Dizon, P.E. P.E. 62484 Quality Control Manager Troy M. Swenson, S.E. S.E. 4620 Michael Thomas, SE, will serve as Project Manager and has prepared or led the preparation of Feasibility Studies and PS&E for numerous transportation projects centered on bridges. During his over 20 years at Biggs Cardosa Associates, Michael Thomas has led the design of over 80 bridge projects, representing well over 200 individual bridges. Projects have included everything from pedestrian bridges, bridge replacements, widenings, grade separations, seismic retrofits, and rehabilitations, to multi-structure interchanges and long aerial viaducts.

In addition to his structural engineering experience, Mr. Thomas has over twelve years of experience in Project Management of multi-disciplinary bridge projects that included managing large teams of subconsultants, 11 coordination with Caltrans, obtaining permits from various regulatory agencies, such as the US Army Corps of Engineers, the California Department of Fish and Game, various Reclamation Districts, and Regional Water Quality Control Boards. Michael is also a certified diver and would be able to participate in underwater inspections of the bridges if needed. Some of Michael's relevant projects include:
• Riverside Drive Bridge (HBP), City of Los Angeles, CA: Project Manager for the widening of an historic 381-foot long reinforced concrete arched T-beam bridge over the Los Angeles River. The bridge was widened by approximately 12 feet to each side.
• Burbank Boulevard Bridge Widening (HBP), Burbank, CA: Project Manager for widening and seismic retrofit of a 453-foot long six-span bridge over Metrolink/UPRR tracks and local Street. • Tustin Avenue/Rose Drive Grade Separation, Placentia/Anaheim, CA: Project Manager for the planning and design of one of 5 grade separation projects in the City of Placentia. The completed phase of work consisted of conducting a feasibility and alternatives development phase to support the environmental document. BCA is currently proceeding with final design of the preferred alternative. • Adeline Street Overhead Rehabilitation (HBP), Oakland, CA: Principal-in-Charge for the rehabilitation of Adeline Street Overhead, an eleven span concrete box girder structure with spalling concrete, deck cracking, corroded reinforcement, damaged chain link railing, and deteriorated joint seals. • Monterey OH Rehabllitation (HBP), Fresno, CA: Principal-in-Charge for the seismic retrofit and rehabilitation of Monterey Street Grade Separation and Overhead, a 2000-foot long, thirteen-span cast-in- place T-beam and steel plate girder bridge.
• Magnolia Blvd (HBP), Burbank, CA: Project Manager for the feasibility study of replacing the barriers and widening the existing 840-foot long ten-span bridge for pedestrians and bicyclists. Also assisted the City in applying for Highway Bridge Program funding which involved direct coordination with Caltrans. • Olive Avenue (HBP), Burbank, CA: Project Manager for the feasibility study of replacing the barriers and widening the existing 933-foot long ten-span bridge for pedestrians and bicyclists. Also assisted the City in applying for Highway Bridge Program funding which involved direct coordination with Caltrans. • Slag Haul Road/Valley Blvd./Route 10 Interchange, Fontana, CA Project Manager for an APS for two bridge structures in the interchange.
• Mulberry Ave/Etiwanda Ave/l-10 Interchange, Fontana, CA Project Manager for an APS of a new ramp separation structure to grade separate the Mulberry Avenue westbound on-ramp traffic onto I-10 from the Etiwanda westbound off-ramp traffic.

As Project Manager for the City of Huntington Beach Bridge Designs Services Project, Michael will be responsible for all client contact, coordinating with the various stakeholders, project scheduling, implementation of an overall project strategy, and day-to-day management of the project. He will also lead the team in the preparation of the PS&E.

Richard Sanguinetti, PE, will serve as a Structures Project Engineer. Mr. Sanguinetti received his Bachelor of time. Richard is also a certified diver and would be able to participate in underwater inspections of the bridges if needed.

As a Structures Project Engineer, Richard will be responsible for developing and implementing the project design development plan, developing structure concepts, the day-to-day technical supervision of the preparation of structural calculations and contract documents. Richard has extensive design experience with various types of infrastructure structures including bridge overcrossings, undercrossings, structure widenings, rehabilitations, grade 12 BCA
separations, drainage structures, retaining walls, and miscellaneous hydraulic structures. Richard's relevant experience includes:
(*:
• Tustin Avenue/Rose Drive Grade Separation, Placentia/Anaheim, CA: Quality Control Manager for the planning and design of one of 5 grade separation projects in the City of Placentia. The completed phase of work consisted of conducting a feasibility and alternatives development phase to support the environmental document. BCA is currently proceeding with final design of the preferred alternative. • Adeline Street Overhead Rehabilitation (HBP), Oakland, CA: Quality Control Manager for the renabilitation of Adeline Street Overhead, an eleven span concrete box girder structure with spalling concrete, deck cracking, corroded reinforcement, damaged chain link railing, and deteriorated joint seals. • Monterey OH Rehabilitation (HBP), Fresno, CA: Project Engineer for the seismic retrofit and rehabilitation of Monterey Street Grade Separation and Overhead, a 2000-foot, thirteen-span cast-in-place T-beam and steel plate girder bridge.
• Yosemite Springs Parkway Replacement (HBP), Madera County, CA: Project Manager for a 125 foot, single span, cast-in-place box girder bridge over Coarsegold creek. The project also includes creek protection, adjacent road improvements, environmental and permitting through Fish and game, Corps of Engineers and Water Quality Control Board. The project is federally funded through the HBP Program. • Kings River Bridge (HBP), County of Fresno, CA: Quality Control Manager for a replacement 520-foot, three-span bridge carrying Goodfellow Avenue over Kings River. The bridge will have an architecturally haunched cast-in-place prestressed box girder superstructure.

Geoffrey Dizon, PE, will serve as a Structures Project Engineer. In this role, he will lead and implement the project design development plan, develop structure concepts, the day-to-day technical supervision of the preparation of structural calculations and contract documents. Geoffrey received his Bachelor in Science degree in Civil Engineering from University of Oregon, Corvallis and his Masters in Science in Structural Engineering from University of California, Berkeley. Geoffrey has over 10 years of design experience at Biggs Cardosa Associates and has acted as a Structures Project Engineer on numerous projects including new construction, rehabilitation and/or seismic retrofit of various highway, pedestrian, vehicular and rail bridges, and retaining wall and soundwall structures. Geoffrey's relevant experience includes:
• Canoga Avenue Bridge Widening (HBP), Los Angeles, CA: Project Engineer for a 147-foot long two- span precast prestressed I-girder bridge widening over the Los Angeles River. • Riverside Drive Bridge (HBP), Los Angeles, CA: Project Engineer for the retrofit and widening of an existing five-span historic bridge over the Los Angeles River. This is a reinforced concrete T-girder bridge with a maximum span of 80 feet.
• Burbank Blvd Bridge (HBP), Burbank, CA: Project Engineer for the widening and retrofitting of a six- span bridge over the SCRA tracks. Also provided construction services for the City of Burbank. • Tustin/Rose Grade Separation, Placentia/Anaheim, CA: Project Engineer for PS&E Phase of this project, which raises Tustin Ave/Rose Drive over Orangethorpe Avenue and BNSF tracks. • 3rd and 5th Street Improvements Project, San Bernardino/Highland, CA: Project Engineer for the design of two box culvert structures as part of the 3d and 5th Street Improvements Project for the Inland Valley Development Agency.

Troy M. Swenson, SE, will serve as the Quality Control Manager for this project and will review all submittals.

Troy has more than 12 years of experience in engineering and infrastructure design for projects in California. His varied experience includes preliminary engineering studies, project design, construction document preparation, construction administration, and project management for public works infrastructure. Troy received his BS in Civil Engineering from Califomia State University of Fresno and his MS in Structural Engineering from the University of California, Berkeley. Troy's relevant experience includes:
13 • Monterey OH Rehabilitation (HBP), Fresno, CA: Project Manager for the seismic retrofit and rehabilitation of Monterey Street Grade Separation and Overhead, a 2000-foot long, thirteen-span cast-in- place T-beam and steel plate girder bridge. Project is currently in design. Expected construction costs are $8-10 million.

Valley Boulevard Bridge Replacement (HBP), Los Angeles, CA: Design Engineer for a 943-foot long, 11-span cast-in-place box girder replacement structure. Mr. Swenson prepared the type selection report, calculations, and construction documents for the PS&E submittal. • Adeline Street Overhead Rehabilitation (HBP), Oakland, CA: Project Manager for the rehabilitation of Adeline Street Overhead, an eleven-span concrete box girder structure with spalling concrete, deck cracking, corroded reinforcement, damaged chain link railing, and deteriorated joint seals.

W.G. Zimmerman Engineering, inc. Civil Engineering, Surveying and Utility Coordination W.G. Zimmerman Engineering, Inc. is a full service transportation / traffic / civil engineering firm established in 1995. The company's mission is: "To provide traftic, transportation and civil engineering services to local agencies to assist them in achieving their goals". Since the fir's inception, W.G. Zimmerman Engineering has provided federal, state, and county funding management; and traffic and transportation engineering services to Orange, Riverside, Los Angeles, Ventura, San Bernardino, and San Diego County agencies.

Project Role Personnel Registration
Civil Project Manager Bill Zimmerman, P.E., T.E., P.T.O.E. P.E. 48667, T.E. 2254 Civil Project Engineer Ron Brust, P.E. P.E. 22903
Bill Zimmerman will serve as the Civil Project Manager for this project and will assist the City with funding if needed. He has over 25 years of municipal, civil, traffic and transportation project engineering experience. Mr.

Zimmerman served as an Interim City Engineer and Traffic Engineer for various Southern Califomia Agencies. He has managed federal and state funded projects for bridge, highway, storm drain, roadway, retaining walls, and traffic signal projects. His funding experience includes writing grant and funding applications for Highway Bridge Program (HBP), MTA Call for Projects, Seismic Upgrade, BTA, State Recreation Grants, Safe Routes to School, and Federal Discretionary Funds; managing funding programs, preparation of cost accounting and filing funding final reports. Mr. Zimmerman has managed OCTA's Measure M funding reimbursement payments and currently manages Westem Riverside Council of Governments TUMF reimbursement funding to local agencies in Western Riverside. His project expertise spans from the concept level through the design to the construction of civil and transportation related projects. Bill's relevant experience includes:
• Marina Drive Bridge Replacement (HBP), City of Seal Beach, CA: Project Manager for the replacement of a bridge, that was originally constructed in the 1930's. Was responsible for Consultant Management, Coordination with all agencies, and management of the federal and state funding (HBP/Seismic). • Valencia Boulevard (SR-142) and Rose Drive Intersection Improvements, City of Brea, CA: Project Manager for improvements which added and additional left tur lane and a right turn lane on Rose Drive onto Valencia Boulevard. The project widened approximately 1,300 linear feet along the north side of Rose Drive, from the City boundary with Yorba Linda to Valencia Boulevard. It also created wide sidewalks with landscaping in anticipation of future development. • Walker Street Widening, n/o Lincoln Avenue, City of Cypress: Project Manager for the preliminary evaluation for right-of-way and the roadway design of this street widening. Services included: Field Review, Surveying, Traffic Analysis, Right-of-Way Evaluation, Preliminary Design Report, Base Plan Development, Hydrology Study, Drainage Plans, Roadway Design, Sidewalk Design, Signing and Striping. 14 Ber
Ron Brust will represent the Civil Project Manager for this project. He will be responsible for Development and Plan Review and serve as the Design Manager. Mr. Brust, a retired Public Works Director for the City of Rohnert (. Park, has over 35 years of experience in municipal, civil, traffic, and transportation projects. Since joining WGZE he has specialized in providing Project Management for local agencies. His transportation projects include arterial rehabilitation and reconstruction projects, intersection and roadway widening projects, highway and interchange improvement projects and studies, retaining walls, hydrology studies, and local project management. Ron's relevant experience includes:
• Marina Drive Bridge Replacement (HBP), City of Seal Beach, CA: Assistant Project Manager for the replacement of a bridge originally constructed in the 1930's. He was responsible for Consultant Management, Coordination with all agencies, and management of the federal and state funding (HBP/Seismic).
• Valencia Boulevard (SR-142) and Rose Drive Intersection Improvements, City of Brea, CA: Quality Assurance/Quality Control for improvements which widened 1,300 linear feet of Rose Drive and added an additional left tum lane and a right tum lane on Rose Drive onto Valencia Boulevard. • Walker Street Widening, n/o Lincoln Avenue, City of Cypress: Assistant Project Manager for the preliminary evaluation for right-of-way and the roadway design of this street widening. Services included:

Surveying, Traffic Analysis, Right-of-Way, Preliminary Design Report, Base Plan, Hydrology Study, Drainage Plans, Roadway Design, Sidewalk Design, Signing and Striping UltraSystems Environmental Environmental and Permitting UltraSystems Environmental is a full-service planning and environmental consulting firm that has been serving both public and private sector clients throughout Califomia since the founding of the fim in 1994. UltraSystems utilizes a broad range of experience with federal, State, municipal, transportation, water, and infrastructure-related projects to prepare legally-defensible environmental documents and studies in full compliance with CEQA and UltraSystems is also well versed with applicable State of Califomia Department of Transportation (Caltrans) and with Federal Highway Administration (FHA) specifications and other goveming regulatory agencies rules and requirements.

UltraSystems has served as environmental consultant for numerous bridge-related projects. Recent extensive experience includes: bridge improvement projects for the City of Los Angeles at Tampa Avenue, Lindley Avenue, State Street, and Soto Street; the Glen Helen Parkway Grade Separation project for the County of San Bemardino; the Santa Ana River Bridge Crossings for Orange County Transportation Authority; and the Environmental Permitting for Bridge Construction for the Los Angeles Metropolitan Transportation Authority.

Project Role Personnel
Environmental Manager Kendall Jue
NEPA/CEQA Documents Hina Gupta
Permitting Paul Brenner
Kendall Jue, will act as Environmental Manager. Mr. Jue has 29 years of experience in environmental planning, and has managed both large and small environmental projects. He is highly familiar with the requirements of both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). His experience includes highway improvement projects and bridge widening and improvement projects, in compliance with the California Department of Transportation's (Caltrans) requirements and major infrastructure projects in compliance with the regulations of various federal, State, and local agencies. His relevant experience includes:
• Lindley Avenue Bridge Over the Los Angeles River, Bridge Widening and Improvement Project (HBP), Los Angeles, CA: Mr. Jue was the Project Manager for this assignment, working closely with the 15 BEF
City and the bridge engineer, in the preparation of the PES and NEPA documents. The City utilized federal Highway Bridge Program (HBP) funds to improved bridge structures. • Tampa Avenue Bridge Over the Los Angeles River Bridge Widening and Improvement Project, Los Angeles, CA: Mr. Jue was the Project Manager, working closely with City of Los Angeles staff in preparing a thorough discussion of the project components as well as a comprehensive analysis of the potential impacts associated with this project. UltraSystems prepared the Caltrans Preliminary Environmental Study (PES) and NEPA documents for the project. • Soto Street Bridge Revised and Soto Street Widening between Alcazar Street and Mission Road, Los Angeles, CA: Mr. Jue served as Project Manager for preparation of the PES and NEPA documents.

The PES evaluated the environmental impacts of widening the Soto Street Bridge by some 25 feet over Valley Boulevard. Technical studies were prepared by UltraSystems to support the PES and NEPA.

These included an Initial Site Assessment, and biological and cultural studies. Other studies incorporated into the study were traffic and geotechnical.

Hina Gupta, will be responsible for the preparation of NEPA and CEQA Documents. In her position Ms. Gupta will assist in evaluating project environmental impacts by utilizing thresholds set forth in public documents. She has helped prepare such environmental documents as Baseline and Preliminary Environmental Studies, based on CEQA and NEPA.

Some of her relevant experience includes:
• Glen Helen Parkway Grade Separation, San Bernardino County, CA: Ms. Gupta is working on the preparation of technical studies, compiled in accordance with Caltrans requirements to support the PES and NEPA documents being prepared.
• -405/Sepulveda Pass Widening, Los Angeles County, CA: Ms. Gupta is assisting in the preparation of Noise Mitigation and Construction Noise Monitoring services for this project. • California High-Speed Rail Project, Anaheim to Los Angeles Section, CA: Ms. Gupta assists in ensuring that project updates and data are forwarded appropriately to members of the environmental team. She has conducted research and analysis for various sections of the Project-Level EIR/EIS and has helped complete supporting technical reports, conducting related research into socioeconomic impacts, rail transit ridership, and sensitive receptors.

Paul Brenner, will be responsible for Permitting, he will conduct the jurisdictional delineations, complete permit applications, and negotiate with regulatory agencies. Mr. Brenner has fourteen years of applied and research experience in environmental sciences and aquatic biology. He specializes in water-related permitting under Sections 401 and 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, Section 1602 of the California Fish and Game Code, and Coastal Development Permits pursuant to the California Coastal Commission. Mr. Brenner managed large linear projects such as the Metropolitan Water District's Inland Feeder Project, fiber optic installation projects throughout southern California, and Caltrans road projects. He has negotiated permits for many water related agencies and projects. His relevant experience includes:
• California High-Speed Rall (HSR), Los Angeles to Anaheim Corridor, Southern CA:

UltraSystems' Permitting Manager, Mr. Brenner provides oversight for the wetlands jurisdictional delineation and report for this corridor.
• Permitting Services, Santiago Creek, Orange County, CA: Mr. Brenner served as Task Manager to perform wetland delineations, pursuant to Section 404 of the Clean Water Act and riparian delineations, pursuant to Section 1602 (Et seq.) of the Califomia Fish and Game Code. • Jurisdictional Delineations, Biological and Permitting Services, Numerous Projects, Orange County, CA: As Permitting Manager, Mr. Brenner conducted waters of the United States (including wetlands) delineations pursuant to Section 404 of the Clean Water Act and the 1987 U.S. Army Corps of Engineers (ACOE) Wetland Manual and riparian delineations pursuant to Section 1602 (Et seq.) of the California Fish and Game Code. He prepared ACOE, CDFG, RWQCB applications. 16 EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT's fees for such services shall be based upon the following hourly rate and cost schedule:

See Exhibit B.1 - BCA Cost Proposal
B. Travel. Charges for time during travel are not reimbursable C. Billing

1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it.

2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project.

3. A copy of every calculation, report, plan, specification, estimate, electronic file 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.

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.

Surfnet Exhibit B hourly 1
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.

Surfnet Exhibit B hourly 2