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HomeMy WebLinkAboutAccept $200,000 Coastal Commission Grant and Authorize City City of Huntington Beach r.100 File #: 20-1580 MEETING DATE: 5/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Accept $200,000 Coastal Commission grant and authorize City staff to establish a budget for the grant; approve and authorize execution of a Professional Services Contract with Michael Baker International for preparation of a Comprehensive Local Coastal Program Update; approve an increase in the Community Development Department's Professional Services listing authority by $240,000; and appropriate funds Statement of Issue: The City's Comprehensive Local Coastal Program (LCP) has not received a holistic update since 2001. The City has received a $200,000 grant from the Coastal Commission to assist in completing this update. The City Council may elect to accept this grant, and enter into a professional services contract with Michael Baker International (MBI), who was selected following a Request for Proposals process. If approved, MBI would assist the City in developing a comprehensive update to the City's LCP, including sea level rise planning. Financial Impact: The Coastal Commission has awarded the City a $200,000 grant to be used for LCP updates and sea level rise planning to help offset the cost of MBI's contract. Additional funding of $40,000 is available in Account 10060201 . Recommended Action: A) Accept $200,000 Coastal Commission grant for a Comprehensive Local Coastal Program Update and authorize City staff to establish a budget for the grant in Fund 715 (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for a Comprehensive Local Coastal Program Update" in the amount of $240,000 as prepared by the City Attorney (Attachment No. 2); and, C) Approve an increase in the Community Development Department's professional services listing authority by $240,000 for the preparation of a Comprehensive Local Coastal Program Update to ensure compliance with Administrative Regulation Number 228, Section 7.1 ; and, City of Huntington Beach Page 1 of 3 Printed on 5/13/2020 powered!5§LegistarTM File #: 20-1580 MEETING DATE: 5/18/2020 D) Appropriate funds in the amount of$200,000 from Fund 715, a grant from the Coastal Commission, for the Professional Services Contract between the City and Michael Baker International, Inc. Alternative Action(s): The City Council may make the following alternative motions: A. Do not accept the $200,000 Coastal Commission grant for a Comprehensive Local Coastal Program Update, and deny the Professional Services Contract between the City and Michael Baker International, Inc. B. Continue the item and direct staff accordingly. Analysis: On August 19, 2019, the City Council approved Resolution No. 2019-56 authorizing staff to submit a grant application to the Coastal Commission to fund a comprehensive update to the City's LCP including sea level rise planning. The City's LCP was last comprehensively updated in 2001. LCPs implement the statewide goals and policies of the Coastal Act at the local level and are required by the Coastal Act for each local coastal jurisdiction. LCPs are developed by local governments and, upon certification by the Coastal Commission, allow local governments the authority to issue coastal development permits. Late last year the Coastal Commission awarded the City a $200,000 grant to fund a comprehensive LCP update. The next step is to accept the grant and enter into a professional services contract to prepare and complete a comprehensive update to the City's LCP including sea level rise planning. Consultant Selection Process The City received proposals from MBI and Dudek in response to a Request for Proposals (RFP) for the comprehensive LCP update. Both proposals did not exceed the $200,000 Coastal Commission grant. Three staff members reviewed the proposals based on a rating system that considered compliance with the RFP requirements, methodology, qualifications/experience, clarity, cost, and references. MBI received the highest score and was selected based on their proposal and prior experience completing the City's last comprehensive General Plan update, Sea Level Rise Vulnerability Assessment, and Coastal Resiliency Plan. Environmental Status: Pursuant to Section 15265 of the California Environmental Quality Act (CEQA) guidelines, CEQA does not apply to activities and approvals by local governments necessary for the preparation and adoption of a local coastal program. Strategic Plan Goal: Strengthen long-term financial and economic sustainability City of Huntington Beach Page 2 of 3 Printed on 5/13/2020 powered5.4 LegistarTI File #: 20-1580 MEETING DATE: 5/18/2020 Attachment(s): 1. Coastal Commission Grant Agreement for Comprehensive LCP Update 2. Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for the Comprehensive LCP Update 3. Insurance Certificate City of Huntington Beach Page 3 of 3 Printed on 5/13/2020 powered64 Legistarlm ATTAC H M E N T # 1 CALIFORNIA COASTAL COMMISSION STANDARD GRANT AGREEMENT (Rev 12/19) AGREEMENT NUMBER LCP-19-11 FEDERAL ID NUMBER 95-6000723 1. This Agreement is entered into between the State Agency and the Grantee named below: STATE AGENCY'S NAME California Coastal Commission GRANTEE'S NAME The City of Huntington Beach 2. The term of this Upon Execution Or Agreement is: 02/15/2020 through 03/31/2022 (the"Termination Date") 3. The maximum amount $200,000.00 of this Agreement is: Two Hundred Thousand Dollars and Zero Cents 4. The parties agree to comply with the terms and conditions of the following EXHIBITS, which are by this reference made a part of the Agreement. EXHIBIT A— Scope of Work 10 pages EXHIBIT Al- Definitions 1 pages EXHIBIT B— Budget 2 pages EXHIBIT B1 —Budget Detail and Payment.Provisions 3 pages EXHIBIT C— General Terms and Conditions 4 pages EXHIBIT D— Special Terms and Conditions 4 pages Check mark one item below as EXHIBIT D Attachment: ® EXHIBIT D1 —Local Coastal Programs Terms and Conditions 10 pages ❑ EXHIBIT D2—WHALE TAII!Terms and Conditions EXHIBIT E—Grantee Certification Clauses Form (GCC-01/2019) 5 pages EXHIBIT F—Amendment Template (Informal) 1 pages IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. GRANTEE.... California Department of General Services Use Only GRANTEE'S NAME(if other than an individual,state whether corporation,partnership,etc.) The City of Huntington Beach ® This agreement is exempt from approval BY(Authorized Signature) DATE SIGNED(Do not type) by the Department of General Services per SCM Vol. 1 4.06(see 58 Ops.Cal.Atty.Gen 586 and 63 Ops.Cal.Atty.Gen.290). PRINTED NAME AND TITLE OF PERSON SIGNING Ursula Luna Reynosa, Community Development Director ADDRESS 2000 Main St., Huntington Beach, CA 92648 STATE OF CALIFORNIA AGENCY NAME California Coastal Commission BY(Authorized Signature) DATE SIGNEDpo not type) 04/09/2020 PRINTED NAME AND TITLE OF PERSON SIGNING Susan M. Hansch,Chief Deputy Director ADDRESS 45 Fremont Street, Suite 2000, San Francisco,CA 94105 61 City of Huntington Beach LCP-19-11 Page 1 of 10 EXHIBIT A SCOPE OF WORK 1. Grantee agrees to expend grant funds provided by the Commission only for and in accordance with project activities as described under the Scope of Work attached hereto as EXHIBIT A. 2. The Project representatives during the term of this agreement will be: State Agency: Grantee: California Coastal Commission City of Huntington Beach Name: Madeline Cavalieri Name:Ursula Luna Reynosa, Community "Grant Manager") Development Director Address: Address: 725 Front Street#300, 2000 Main St. Santa Cruz, CA 95060 Huntington Beach, CA 92648 Phone: 831 427-4890 Phone: 714 536-5271 Fax: 831 427-4877 Fax: 714 374-1648 Email: Email: ursula.luna-reynosa@surfcity-hb.org madeline.cavalieri@coastal.ca.gov 3. All inquiries will be directed to: State Agency: Grantee: California Coastal Commission City of Huntington Beach Section/Unit: Statewide Planning Section/Unit: Community Development Department Name: Kelsey Ducklow Name: Ricky Ramos, Senior Planner "LCP Grant Coordinator" Address: Address: 45 Fremont St. Suite 2000 2000 Main St. San Francisco, CA 94105 Huntington Beach, CA 92648 Phone: 415 904-2335 Phone: 714 536-5624 Fax: 415 904-5400 Fax: 714 374-1648 Email: Email: rramos@surfcity-hb.org Kelsey.ducklow@coastal.ca.gov 62 City of Huntington Beach LCP-19-11 Page 2 of 10 EXHIBIT A SCOPE OF WORK Name of Local Government: City of Huntington Beach Name of Project: Huntington Beach Comprehensive Local Coastal Program Update Funding Source: Greenhouse Gas Reduction Fund Specific Program: Local Coastal Program Local Assistance Grant Program Federal Tax ID#: 95-6000723 Budget Summary: CCC funding: $200,000 Other funding: $124,340 Total project cost: $324,340 Term of Project: February 15, 2020 or grant agreement execution date— March 31, 2022 PROJECT DESCRIPTION The scope of the proposed project includes an update to the Sea Level Rise (SLR) Vulnerability Assessment that was completed in 2014 in preparation for the City of Huntington Beach's General Plan Update. This update will inform the development and adoption of a Coastal Resiliency Program (CRP)Update and a comprehensive update to the Coastal Element of the City's Local Coastal Program (LCP), which has not been comprehensively updated since 2001. The SLR Vulnerability Study will also inform development and adoption of an update to the City's existing Floodplain Ordinance which is a portion of the City's LCP IP. TASKS Task 1. Project Launch 1.1: Project Kick-off meeting—Following the award, a kick-off meeting with California Coastal Commission (CCC) staff will be held to discuss grant procedures and project expectations, including the project schedule, invoicing, quarterly reporting, and other relevant information. The City will produce notes summarizing the meeting. Responsible Party:City of Huntington Beach 1.2:Consultant Selection Process—Complete process for selection of a consultant using State-approved procurement procedures. The City will select a qualified consultant that can complete the proposed project in accordance with CCC Objectives. Responsible Party:City of Huntington Beach 63 City of Huntington Beach LCP-19-11 Page 3 of 10 EXHIBIT A 1.3:Staff Coordination with Selected Consultant to Track Project Progress—The City and consultant will conduct regular phone calls to facilitate effective communication regarding upcoming tasks and ensure the project is completed in a timely and fiscally responsible manner. Responsible Party:City of Huntington Beach and Consultant 1.4: Invoicing&Quarterly Reporting—As required by grant administration procedures, the City will submit complete invoice packages to CCC staff based on milestone completion on a quarterly basis.The City will also submit quarterly reports to CCC staff providing a summary of project progress and grant/local match expenditures. Consultant is responsible of drafting reports and the City is responsible of reviewing reports before sending to the CCC. Responsible Party:City of Huntington Beach and Consultant Outcomes/Deliverables: • Project kick-off meeting notes • Executed consultant contract • Invoice packages and quarterly reports Task 2. Sea Level Rise Vulnerability Assessment Update 2.1: Background Data Collection Update to Incorporate New CCC Guidance and Best Available Science—In 2017,the City adopted a comprehensive update to the General Plan. As part of the General Plan update effort, in 2014,the City prepared a SLR Vulnerability Assessment that was consistent with the adopted CCC Guidance available at the time. This previously completed SLR Vulnerability Assessment does not include new guidance from the CCC that has been adopted in the years since, including the 2015 Original SLR Policy Guidance Document and the 2018 Science Update to the SLR Policy Guidance. It also does not include the best available science outlined in the 2018 OPC State SLR Guidance Document. To update the existing SLR Vulnerability Assessment for consistency with new CCC guidance,the consultant will collect and analyze the best available data and projections provided in the 2018 OPC State SLR Guidance Document. Responsible Party: Consultant 2.2: Coastal Conditions Assessment—The consultant will complete an updated coastal conditions assessment that incorporates new CCC guidance.This data analysis will provide the range of beach profiles from multiple seasons, and from each profile will be extracted beach slopes (for wave runup), backshore toe elevation (for calculating erosion potential), and crest elevation (for calculating wave overtopping and flooding). A mean high-water shoreline location will be extracted for inclusion in the historical shoreline change analysis. This will result in a backshore classification showing locations 64 City of Huntington Beach LCP-1 9-11 Page 4 of 10 EXHIBIT A of coastal armoring, inlets, and dunes that have the relevant geomorphic data necessary to run SLR models. Responsible Party:Consultant 2.3: Planning Area Inventory Update—As part of the 2014 SLR Vulnerability Assessment,the City completed a geo-referenced inventory of facilities potentially affected by SLR. The assessment found that by 2030 and 2050 major roadways, public facilities, and residential areas in the coastal zone are vulnerable during combined extreme high tide and coastal storm wave events. By 2100 there is potential for widespread inundation across large portions of northern Huntington Beach in the vicinity of Sunset Beach, Huntington Harbor, and Bolsa Chica. Critical facilities like the AES Southland (AES) power plant and the Orange County Sanitation District(OCSD) wastewater treatment facility in south Huntington Beach are vulnerable to tidal inundation, extreme wave events, and stormwater runoff. Beaches, stormwater and transportation infrastructure, public facilities, ecosystems, and commercial and residential buildings are also vulnerable. As part of the proposed SLR update, the consultant will analyze this existing inventory of impacted facilities for consistency with updated SLR Vulnerability Assessment findings, with CCC SLR Adopted Policy Guidance, and with the 2018 OPC State SLR Guidance. This inventory will be updated and augmented if necessary. Responsible Party:Consultant 2.4: Outreach Prior to Modeling—The consultant will solicit input from the CCC and other resource agency staff regarding data and approach. Responsible Party. Consultant 2.5: Model SLR Scenarios—The City's 2014 SLR Vulnerability Assessment included a citywide assessment that divided the City into shoreline and inland waterway planning areas and evaluated six scenarios utilizing three different horizon years (2030, 2050, and 2100)with low and high SLR estimates. The consultant will model new SLR scenarios in conjunction with other coastal factors as identified in the City's LCP and based on agency guidance, such as erosion, flooding and storm impacts, inundation, and saltwater intrusion into freshwater resources. in modeling a range of updated SLR scenarios based on the best available science,the consultant will follow the guidance provided in the 2018 OPC State SLR Guidance. Responsible Party;-Consultant 2.6:Conduct Updated SLR Vulnerability Assessment—An updated SLR vulnerability assessment will be conducted for each of the infrastructure elements and other development categories identified such as public access, recreation facilities and environmentally sensitive habitat and will be performed in accordance with the 2018 OPC State SLR Guidance Document. Sensitivity assessments will consider how sensitive a planning area is to projected effects, as well as its capacity to adapt to those effects.A draft vulnerability assessment report will be prepared to allow for at least one month of 65 City of Huntington Beach LCP-19-11 Page 5 of 10 EXHIBIT A review by Coastal Commission staff and other stakeholders. A final vulnerability assessment report will then be prepared that incorporates comments. Responsible Party:Consultant 2.7: Study Approach Summary—Consultant will prepare a summary of project approach and analysis methods to be incorporated into the vulnerability assessment report for reference use by other jurisdictions and resource agencies. Responsible Party: Consultant Outcomes/Deliverables: • Inventory of data gathered provided in electronic format • Updated Baseline Conditions Assessment and Memo • Draft and Final SLR Vulnerability Assessment and summary of study approach Task 3. Coastal Resiliency Plan Update 3.1: Review Current Coastal Resiliency Program, Existing Studies, and Adaptation Policies—As part of the 2017 General Plan Update,the City prepared a Coastal Resiliency Program (CRP) and identified strategies and implementation measures to address and adapt to hazards associated with SLR. The CRP was intended to serve as a "bridge document" linking the General Plan to a future comprehensive LCP update in an advisory manner that allows both documents to incorporate SLR considerations, consistent with new CCC Guidance, into the planning process to achieve a common vision for a resilient community. As a result, some of the recommended strategies and implementation steps described in the current Coastal Resiliency Program were identified as more appropriate for addressing in a future LCP Update. The consultant will review the City's current CRP as well as existing studies and adaptation policies that have been implemented elsewhere in order to consider best practices for completing the proposed CRP Update.The consultant also will review updates to the CCC's SLR policy guidance that have been adopted since the City completed this initial CRP document, including the 2015 Original SLR Policy Guidance Document,the 2018 Science Update to the SLR Policy Guidance, and the 2018 OPC State SLR Guidance Document. Responsible Party.Consultant 3.2: Conduct a Public Outreach Process—The City and the consultant will conduct a public outreach process that educates and engages the community and other stakeholders affected by SLR. In contrast to public outreach completed for the CRP as part of the General Plan update,this public outreach process will be specific to the impacts of SCR and will focus on educating and engaging stakeholders in the CRP update process. The City will also solicit input from CCC and other resource agency staff as well as the local community during Plan reparation. A potential obstacle associated with this aspect of the work plan is the possible time delay associated with soliciting input from a 66 City of Huntington Beach LCP-19-11 Page 6 of 10 EXHIBIT A variety of agencies and individuals. Responsible Party: City of Huntington Beach and Consultant 3.3: Develop SLR-Related Options and Policies—The consultant will develop an updated menu of SLR-related options and policies that may be used by the City to address potential hazards and to incorporate these policies in the LCP update. Responsible Party: Consultant 3.4: Prepare Coastal Resiliency Plan—The consultant will prepare an update to the Coastal Resiliency Plan as a result of the vulnerability assessment and an evaluation of the options and policies,which includes guiding principles, goals and preparedness actions. Reviewing data for both inside and outside the Coastal Zone may help assign varying levels of priority for facilities and resources. For example, facilities within the Coastal Zone could be assigned to short-term mitigation plans, and facilities located inland of the Coastal Zone could be designated for longer-term solutions. The second potential obstacle in the work plan is the challenge of developing consensus around policies and strategies that result in trade-offs. A draft Coastal Resiliency Plan will be prepared to allow for at least one month of review by Coastal Commission staff and other stakeholders.A final Coastal Resiliency Plan will then be prepared that incorporates comments. Responsible Party:Consultant 3.5: Establish a Monitoring Program—With the assistance of the consultant,the City will establish a monitoring program based on public data sources. Responsible Party: City of Huntington Beach and Consultant Outcomes/Deliverables • Draft and Final Coastal Resiliency Program Update • Public outreach presentation and summary • Monitoring Program Summary Task 4. Coastal Element Update 4.1: Draft Coastal Element Update—Based on the data collected (Sea Level Rise Vulnerability Assessment and Coastal Resiliency Plan) and policy framework, the consultant will identify components of the General Plan Coastal Element, which functions as the Land Use Plan component of the City's certified LCP, and LCP Implementing Ordinances that warrant modification, The consultant will also identify other plans, such as infrastructure master plans that may also require modification in light of new findings from the updated SLR Vulnerability Assessment. After identifying these elements and the feedback gathered in the public outreach meetings conducted as part of Task 3,the consultant will develop a Draft Coastal Element Update.The Draft will be posted on the City's website and distributed to interested parties for comment. 67 City of Huntington Beach LCP-19-11 Page 7 of 10 EXHIBIT A The City will also work with CCC staff to revise the draft as necessary and will incorporate any input into the final draft of the Coastal Element for CCC certification. CCC staff will have at least one month to review draft changes. Responsible Party:City of Huntington Beach and Consultant 4.2: Prioritize Implementation Elements for Implementation Program and Identify Funding Sources—The consultant will conduct an analysis to prioritize the potential land use and other implementation improvements based on vulnerability, impact, timeframe, and cost.The consultant will also review and identify potential funding sources for future implementation of priority projects. This analysis will be summarized in a report (Priority and Potential Funding Sources Report). Responsible Party: Consultant 4.3: Final Coastal Element Update—Complete the final report that addresses the comments from Community Workshops, public feedback gathered during the community outreach for sea level rise vulnerability and risk assessment (Task 2), and input from CCC staff, City staff, officials, or other relevant parties on the Draft Coastal Element Update. The consultant will submit hard copies and electronic copies to the CCC. All plans will credit the financial contribution of the grant program on the cover of the report. Responsible Party: Consultant 4.4: City Council Adoption—Presentation by consultant on the final Coastal Element Update at a City Council meeting. Resolve any issues, if applicable. Adopt final City of Huntington Beach Coastal Element Update for the City's LCP and submit to the Coastal Commission for certification along with necessary/appropriate supporting documents and information. Responsible Party:City of Huntington Beach and Consultant Outcomes/Deliverables: • Draft Coastal Element Update • Priority and Potential Funding Sources Report • Final Coastal Element • Submittal of locally-adopted Coastal Element Update Task S. Floodplain Ordinance Update 5.1: Draft Floodplain Ordinance Update—Based on the data collected and policy framework,the consultant will identify components of the City's Floodplain Ordinance that warrant modification. After identifying these elements and the feedback gathered in the public outreach meetings conducted as part of Task 3, the consultant will develop a Draft Floodplain Ordinance Update.The Draft will be posted on the City's website and distributed to interested parties for comment. Responsible Party: Consultant 68 City of Huntington Beach LCP-1'9-11 Page 8 of 10 EXHIBIT A 5.2: Public Outreach and information Process—The City and the consultant will conduct a public outreach process that educates and engages the community and other stakeholders regarding the proposed updates to the Floodplain Ordinance. The City will also work with CCC staff to revise the draft as necessary and will incorporate any input into the final draft of the Floodplain Ordinance Update. CCC staff will have at least one month to review draft changes. Responsible Party: City of Huntington Beach and Consultant 5.3: Final Floodplain Ordinance Update—Complete the final report that addresses the public outreach process and input from CCC staff,City staff, officials, or other relevant parties on the Draft Floodplain Ordinance Update. The consultant will submit hard copies and electronic copies to the CCC. Responsible Party:Consultant 5.4: City Council Adoption—Presentation by consultant on the final Floodplain Ordinance Update at a City Council meeting. Resolve any issues, if applicable. Adopt final City of Huntington Beach Floodplain Ordinance Update and submit to CCC for certification along with necessary/appropriate supporting documents and information. Responsible Party.City of Huntington Beach and Consultant Outcomes/Deliverables: • Draft Floodplain Ordinance • Public Outreach Slideshow Presentation and Meeting Notes • Final Floodplain Ordinance Report • Submittal of locally-adopted Floodplain Ordinance 69 City of Huntington Beach LCP-19-11 Page 9 of 10 EXHIBIT A SCHEDULE Project start/end dates: 2/15/2020 or grant agreement execution date—3/31/2022 [Tentative schedule below is subject to further refinement once a consultant is hired] Task 1—Project Launch 2/15/2020—3/31/2022 1.1 Project Kick-off meeting 2/15/2020— 2/15/2020 1.2 Consultant Selection Process 2/15/2020—5/4/2020 1.3 Staff Coordination 5/4/2020—3/31/2022 1.4 Invoicing and Quarterly Reporting 7/1/2020—3/31/2022 Outcomes/Deliverables: a. Project kick-off meeting notes a. 2/31/2020 b. Executed consultant contract b. 5/4/2020 c. Invoice packages and quarterly reports c. 3/31/2022 Task 2—Sea Level Rise Vulnerability Assessment 5/5/2020—11/15/2020 Update 2.1 Background Date Collection Update 5/5/2020—5/29/2020 2.2 Coastal Conditions Assessment 5/5/2020—6/30/2020 2.3 Planning Area Inventory Update 5/5/2020—6/30/2020 2.4 Outreach Prior to Modeling 6/1/2020—7/15/2020 2.5 Model SLR Scenarios 7/15/2020—8/14/2020 2.6 Conduct Updated SLR Vulnerability Assessment 8/17/2020— 11/15/2020 2.7 Study Approach Summary 9/1/2020—9/30/2020 Outcomes/Deliverables: a. Inventory of data gathered a. 7/15/2020 b. Updated Baseline Conditions Assessment and b. 7/15/2020 Memo c. Draft SLR Vulnerability Assessment c. 9/30/2020 d. Final SLR Vulnerability Assessment d. 11/15/2020 Task 3—Coastal Resiliency Plan Update 10/1/2020—3/31/2021 3.1 Review Current Coastal Resiliency Program, 10/1/2020— 10/30/2020 Existing Studies, and Adaptation Policies 3.2 Conduct Public Outreach Process 11/2/2020— 12/31/2020 3.3 Develop SLR-Related Options and Policies 11/2/2020— 1/8/2021 3.4 Prepare Coastal Resiliency Plan 11/2/2020—3/31/2021 3.5 Establish a Monitoring Program 1/4/2021 —2/15/2021 Outcomes/Deliverables: a. Public Outreach Presentation and Summary a. 1/15/2021 b. Monitoring Program Summary b. 2/15/2021 c. Draft Coastal Resiliency Plan Update c. 2/15/2021 d. Final Coastal Resiliency Plan Update d. 3/31/2021 Task 4—Coastal Element Update 2/1/2021—2/7/2022 70 City of Huntington Beach LCP-1 9-11 Page 10 of 10 EXHIBIT A 4.1 Draft Coastal Element Update 2/1/2021—7/30/2021 4.2 Prioritize Implementation Elements for 4/1/2021—7/1/2021 Implementation Program and Identify Funding Sources 4.3 Final Coastal Element Update 8/2/2021—9/30/2021 4.4 City Council Adoption 11/15/2021—2/7/2022 Outcomes/Deliverables: a. Draft Coastal Element Update a. 7/30/2021 b. Priority Report and Potential Funding Sources b. 7/1/2021 c. Final Coastal Element Update c. 9/30/2021 d. Submittal of locally-adopted Coastal Element d. 2/7/2022 Update Task 5—Floodplain Ordinance Update 4/1/2021—2/7/2022 5.1 Draft Floodplain Ordinance Update 4/1/2021—6/18/2021 5.2 Public Outreach and Information Process 5/3/2021 —6/18/2021 5.3 Final Floodplain Ordinance Update 6/21/2021—8/30/2021 5.4 City Council Adoption 12/20/2021—2/7/2022 Outcomes/Deliverables: a. Draft Floodplain Ordinance Update a. 6/18/2021 b. Public Outreach Slideshow Presentation and b. 6/18/2021 Meeting Notes c. Final Floodplain Ordinance Report c. 8/30/2021 d. Slideshow Presentation and Meeting Notes d. 2/7/2022 BENCHMARK SCHEDULE ACTIVITY COMPLETION DATE Project Kickoff and Selection of Consultant 5/4/2020 Fi nal SLR Modeling and Vulnerability Assessment 11/15/2020 Fi nal Coastal Resiliency Plan 3/31/2021 Draft Coastal Element Update 7/30/2021 Draft Floodplain Ordinance Update 6/18/2021 =Submittal of Locally-Adopted Coastal Element and Submittal Floodpltair Ordinance Updates 2/7/2022 71 City of Huntington Beach LCP-19-11 Page 1 of l EXHIBIT Al DEFINITIONS 1. The term "Agreement"; this Grant Agreement. 2. The term "Budget Act"; the annual enacted version of the Budget Bill which makes appropriations for the support of the government of the State of California. 3. The term "Chief Deputy Director"; the Chief Deputy Director of the Commission. 4. The terms"Commission" or"Coastal Commission"and the acronym "CCC" all refer to the California Coastal Commission. 5. The term "Executive Director"; the Executive Director of the Commission. 6. The term "Grant" or"Grant Funds"; in the case of LCP grants, the money provided by the California Climate Investments program or, in the case of Public Education grants, sales and renewals of the WHALE TAO Specialty License Plate, or California's Voluntary Tax Check-Off Program, and administered by the Coastal Commission to the Grantee pursuant to this Agreement. 7. The term "Grant Manager"; the representative of the Commission with authorization per the Executive Director to administer and provide oversight of the Grant. 8. The term "Grantee"; an applicant who has a signed agreement for Grant Funds. 9. The term "Project"; the activity described under the Scope of Work, attached as EXHIBIT A, to be accomplished with Grant Funds. 10. The temp Project Budget"; the Commission approved cost estimate submitted to the Commission's Grant Manager for the Project. The Project Budget shall describe all labor and material costs of completing each component of the Project. The Project Budget shall contain itemized amounts permissible for each item or task described in the Scope of Work. The Project Budget must include the set administrative and indirect costs agreed upon by the Parties if applicable. 11. The temp "Public Agency"; any State of California department or agency, a county, city, public district or public agency formed under California law. 12. The term "Scope of Work" refers to EXHIBIT A, including the approved Project Description, Tasks, and Schedules. 13. The term "Termination Date"; the date by which all activity for the project must be concluded, as specified in the signature page of this Agreement. Work performed after this date cannot be reimbursed. 72 City of Huntington Beach LCP-19-11 Page 1 of 2 EXHIBIT B BUDGET Match/Other Total(LCP Grant City of Huntington Beach CCC Grant Total Funds Funds+Match/ (City Funds) Other Funds) LABOR COSTS' City Staff Labor Task 1—Project Launch $0 $3,500 $3,500 Task 2—Sea Level Rise $0 $6,000 $6,000 Analysis Task 3—Coastal Resiliency $0 $7,000 $7,000 Plan Task 4— Coastal Element $0 $30,000 $30,000 Update Task 5—Floodploin $0 $24,000 $24,000 Ordinance Update Total Labor Costs $0 $70,500.00 $70,500.00 DIRECT COSTS City Staff Project Supplies General Supplies $0 1 $1000 $1000 To tal $0 $1000 $1000 City Staff Travel In State Mileage, Hotel, etc. $0 1 $2,200 $2,200 Total $0 $2,200 $2,200 Consultants3 Task 1 —Project launch $4,438.38 $401.62 _ $4,840 Task 2—Sea Level Rise Analysis $100,872.30 $9,127.70 $110,000 Task 3—Coastal Resiliency Plan $68,593.17 $6,206.83 $74,800 Task 4—Coastal Element Update $26,096.15 $4,703.85 $30,800 Task S—Floodploin Ordinance Update $0 $24,200 $24,200 Total Consultants $200,000 $44,640 $244,640 ----1 'Amount requested should include total for salary and benefits. d Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding andprocurement process that complies with all applicable laws. 73 City of Huntington Beach LCP-19-11 Page 2of2 EXHIBIT B MatchfOther Total(LCP Grant City of Huntington Beach FCCC Grant Total Funds Funds+Match/ (City Funds) Other Funds) Total Direct Costs $200,000 1 $47,840 1 $247,840 OVERHEAD/INDIRECT COSTS¢ Total City Staff $0 $6,000 $6,000 Overhead/indirect Costs TOTAL PROJECT COST $200,000 $124,340 $324,340 4 Indirect costs include,for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposedproject but not directly staffing it. Amount requestedfor indirect costs should be capped at 10%of amount requested for "Total Labor. " 74 City of Huntington Beach LCP-19-11 Page 1 of 3 EXHIBIT 131 BUDGET DETAIL AND PAYMENT PROVISIONS (Local Coastal Programs) 1. Request for Funds A. For performance of activities satisfactorily rendered during the term of this Agreement (as specified in EXHIBITS A and B), and upon receipt and approval of the Request for Funds Form described below (also referred to as the "RFF Form"), the Commission agrees to reimburse Grantee for actual expenditures incurred in accordance with the rates specified herein or attached hereto. B. Grantee shall submit each RFF form, in triplicate, no more frequently than monthly (except as requested by the Commission) but no less frequently than quarterly (assuming activity occurred within that quarter). RFF forms shall be submitted in arrears to: California Coastal Commission Attn: Tamara Doan (LCP Grant Coordinator) Statewide Planning Division 725 Front Street, Suite 300 Santa Cruz, CA 95060 C. Each RFF form shall contain the following information: 1. Grantee's name and address as shown in this Agreement. 2. Invoice number and date of the RFF 3. Time period covered by the RFF form during which work was actually done. 4. Agreement number as shown on this Agreement. 5. Original signature of the Grantee, specifically the Project Representative, as identified in EXHIBIT A. 6. Itemized costs by tasks and source of funds as listed in the Scope of Work for the billing period in the same or greater level of detail as indicated in the Project Budget (see EXHIBIT B), with supporting documentation. Only those costs and/or cost categories expressly identified in this Agreement may be reimbursed. 7. Remaining balance listed by task number from the Scope of Work including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement. 8. The total amount of all other funds, including matching funds, under the Grantee Matching Funds section of the RFF. D. Attached to the RFF form, the Grantee shall submit a supporting progress report summarizing the work that was completed during the invoice period and the 75 City of Huntington Beach LCP-19-11 Page 2 of 3 EXHIBIT 131 current status of the work for which disbursement is sought, including work by any consultant, and comparing it to the status required by the Scope of Work (budget, timeline, tasks, etc.). Progress reports must be submitted no less frequently than on a quarterly basis, even if an RFF is not submitted. If applicable, the Grantee must submit GGRF-related reporting materials, as required under "CALIFORNIA CLIMATE INVESTMENTS REPORTING" (under EXHIBIT D1). E. Notwithstanding the foregoing, the Grant Manager of the Commission may request, and the Grantee shall provide, receipts or other source documents for any other direct expenditure or cost as described in the RFF form, as and when necessary to resolve any issue concerning reimbursement. F. The Grantee's failure to fully execute and submit a RFF form, including attachment of supporting documents, may relieve the Commission of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies. G. Any RFF form that is submitted without the required itemization and documentation will be considered "disputed" and will not be authorized. If the RFF form package is incomplete, inadequate or inaccurate, the Commission will inform the Grantee and will withhold payment until all required information is received or corrected. In the case of non-compliance, the Commission will issue a formal Invoice Dispute Notification [STD (209)] and take necessary action in resolving any disputed matter(s). Any penalties imposed on the Grantee by a consultant, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. H. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the Commission must occur within the term of the Grant Agreement and before the Termination Date. I. The Grantee shall expend Grant Funds in the manner described in the Scope of Work and Project Budget approved by the State. Expenditure on items contained in the approved Project Budget may vary by as much as ten percent with prior approval by the Commission Grant Manager, provided the grantee first submits a revised Project Budget for the purpose of amending the Project Budget. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement and only if approved by the Commission. 2. Budget Contingency Clause A. It is mutually agreed that if the final Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient 76 City of Huntington Beach LCP-19-11 Page 3 of 3 EXHIBIT B1 funds for the Grant Program, this Agreement shall be of no further force and effect, and the Commission shall have no liability to pay any funds whatsoever to Grantee or to furnish any other consideration under this Agreement and Grantee shall not be obligated to continue performance under the provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Grant Program, the Commission shall have the option at its sole discretion to either cancel this Agreement with no liability accruing to the Commission or enter into an agreement amendment with Grantee to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made no later than 45 days following receipt of properly submitted, undisputed invoices except as otherwise set forth in, and in each case in accordance with, the California Prompt Payment Act, Government Code section 927, et seq. 77 City of Huntington Beach LCP-19-11 EXHIBIT C Page 1 of 4 GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the California Coastal Commission. Grantee may not commence performance until such approval has been obtained. 2. AMENDMENTS: This Agreement may only be amended by mutual agreement in writing between Grantee and the Commission. Any request by the Grantee for an amendment must state the amendment request and reason for the request and shall be submitted in writing, such as by email or letter. The Grantee shall strive to make requests immediately upon discovering that an amendment may be needed. No oral understanding or agreement not incorporated into the Agreement in writing is binding on the parties. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Scope of Work (EXHIBIT A) and Project Budget (EXHIBIT B) approved by the Commission. In any event, the total amount of the Grant Funds may not be modified, except by written amendment to this Agreement. Any subsequent changes or additions to the Scope of Work and Project Budget approved by the Commission in writing are hereby incorporated by reference to this Agreement as though set forth in full in this Agreement. Changes to the grant term and/or the total amount of Grant Funds will require a formal amendment, while changes to Scope of Work (EXHIBT A) and the Project Budget (EXHIBIT B) may be done through an informal amendment, found in EXHIBIT F. 3. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the Commission in the form of a formal or informal written amendment. 4. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all consultants, subconsultants, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. 5. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. 6. NO CREATION OF AGENT RELATIONSHIP: Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 78 City of Huntington Beach LCP-19-11 Page 2 of 4 EXHIBIT C 7, NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its consultants, subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and consultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and consultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its consultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 8. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES contained in the document GCC-1/2019 are hereby incorporated by reference and made a part of this Agreement (EXHIBIT E) by this reference as if attached hereto. 9. TIMELINESS: Time is of the essence in this Agreement. 10.COMPENSATION: The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 11.GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 12.ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that if services or goods are obtained through a public purchase by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney 79 City of Huntington Beach LCP-19-11 Page 3 of 4 EXHIBIT C General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. See. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 13.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new 80 City of Huntington Beach LCP-19-11 Page 4 of 4 EXHIBIT C employees to the New Hire Registry maintained by the California Employment Development Department. 14.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 15.PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in excess of$200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 16.AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING: Commission projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Accordingly, Grantee shall maintain orderly, accurate and complete documents and records of all financial accounts, costs, disbursements, receipts and other matters relating to this Agreement consistent with the policies outlined in EXHIBIT C, hereto, for the Project and shall make them available to the State or the Commission for auditing, inspecting and copying at reasonable times. Grantee agrees to allow the auditor(s) to interview any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). Grantee shall also retain such documents and records for three (3) years after final payment and one (1) year following an audit unless a longer period of records retention is stipulated. The documents for audit should be retained onsite. Grantee shall use applicable Generally Accepted Accounting Principles published by the American Institute of Certified Public Accountants. If Grantee stated in the Project Budget that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or in-kind funds on a regular basis and will make the documentation available to the Commission upon request. 81 City of Huntington Beach LCP-19-11 Page I of 4 EXHIBIT D Special Terms and Conditions 1. PROJECT EXECUTION: A. Grantee shall complete the Project before the Termination Date. B. Subject to the availability of funds, the Commission hereby grants to the Grantee the sum $200,000 (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement. C. Prior to the commencement of any Project work, Grantee agrees to submit in writing to the Commission for prior approval any deviation from the original Scope of Work pursuant to EXHIBIT A and the Project Budget pursuant to EXHIBIT B. Changes in the Scope of Work or Project Budget must continue to ensure timely and effective completion of the Project, including where applicable a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the Scope of Work or Project Budget on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work or Project Budget shall require an amendment to this Agreement (see "Amendments" under EXHIBIT C). D. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. E. As applicable, Grantee shall ensure that Project work excludes any and all Project work that was funded through previously awarded grants or the matching funds identified through previously awarded grants so as to ensure that current grant funding is not duplicative of previous grant funding. Such grants include, but are not limited to, WHALE TAIL'Grants, grants previously awarded by the Coastal Commission, grants awarded by the Ocean Protection Council as well as grants awarded by the State Coastal Conservancy. F. Final invoicing shall be submitted promptly following the termination date of the grant or upon a date mutually agreed upon by the Grantee and the Grant Manager. G. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, the California Coastal Act, health and safety codes, and disabled access laws. 2. POTENTIAL CONSULTANTS/CONTRACTORS Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Commission and any consultants, and no contract shall relieve the Grantee 82 City of Huntington Beach LCP-19-11 Page 2 of 4 EXHIBIT D of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible for the acts and omissions of its consultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its consultants is an independent obligation from the Commission's obligation to make payments to the Grantee. As a result, the Commission shall have no obligation to pay or to enforce the payments of any moneys to any consultants. The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the Grant Project terms that preserve the rights, interests, and obligations for the benefit of the Commission and its funding sources as described in EXHIBIT C ("General Terms and Conditions") and EXHIBIT D/D1/D2 ("Special Terms and Conditions") of this Grant Agreement. If all or any part of the Project to be funded under this Agreement will be performed by third parties under contract with the Grantee, prior to executing an agreement for services, the Grantee shall inform the Grant Manager of the selection of the third party. Grantees seeking contractors and/or consultants under this Agreement should select those contractors/consultants pursuant to a competitive bidding process if services exceed the amount of$2,500.00, In the absence of bidding, adequate justification must be provided. Grantees seeking consultants to perform grant-related tasks and services shall select all consultants pursuant to a bidding and procurement process that complies with all applicable laws. All consultants and subcontractors are subject to all terms and conditions of this agreement in accordance to the California State Contracting Manual. Consultants seeking travel reimbursement see "Travel Reimbursement" clause below. 3. TRAVEL REIMBURSEMENT The Commission will reimburse travel and related expenses at actual costs not to exceed the State rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations. Grantees may seek reimbursement for any travel expenses that are in excess of these state rates, but only if the Grantee has received prior written approval of the Commission's Chief Deputy Director or his/her designee permitting the expenses in excess of state rates on the basis that state rates were not reasonably available. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. Receipts will be required for all travel related reimbursements. All travel costs are inclusive within the budgeted amount referenced in this Agreement. Grantees shall ensure that travel and related expenses, including Grantee's consultant and subconsultant travel and related expenses, submitted to the Commission for reimbursement, do not exceed the State rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California 83 City of Huntington Beach LCP-1 9-11 Page 3 of 4 EXHIBIT D Code of Regulations, unless prior written approval permitting the expenses to be in excess of state rates was obtained, as noted above. 4. PROPERTY PURCHASED The Grantee agrees to continue using property purchased under this Agreement for the purposes outlined in this Agreement or similar activities until it is fully consumed (i.e. is either fully distributed, damaged, worn-out, or becomes obsolete). Grantees purchasing any articles, supplies, or equipment under this Agreement exceeding the cost of$2,500.00 per purchase order shall select those items pursuant to a process that seeks three competitive quotations. In the absence of bidding adequate justification must be provided. 5. SETTLEMENT OF DISPUTES If the Grantee believes that there is a dispute or grievance between Grantee and the Commission arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue with the Commission's Grant Manager. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: If the issue cannot be resolved directly with the Grant Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Chief Deputy Director of the Commission. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) days after receipt of the grievance report, the Chief Deputy Director, or his/her designee, shall meet in person or via phone with the Grantee and the Grant Manager for purposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final. 6. WAIVER AND RELEASE Grantee hereby waives all claims and recourses against the Commission, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except for claims for reimbursement of costs due under this Agreement, recovery of which shall be limited to the total amount properly incurred hereunder and in no event exceed the total amount of Grant Funds provided for hereunder. Grantee acknowledges that it is solely responsible for its compliance with the terms of this Agreement. 7. REALLOCATION OF FUNDS If Grantee fails to meet the performance criteria and/or Benchmarks in this Agreement, the Executive Director or his designee may immediately upon written notice cancel this Agreement or request to amend the Agreement, and as feasible, re-allocate any 84 City of Huntington Beach LCP-19-11 Page 4 of 4 EXHIBIT D unspent funds to one or more of the other approved Grantees that needs additional funding or whose grant was not fully funded. Should a Grantee not need the full amount of funds awarded by the Commission, they shall notify the Grant Manager as soon as possible so that any remaining allocated but unspent funds may be redistributed, as feasible. In addition, should Grantee fail to enter into an agreement necessary for its performance hereunder in a timely manner, the Executive Director or his designee may, upon Commission approval, reallocate funds to supplement an already awarded grant. 8. SURVIVAL The obligations in the "INDEMNIFICATION" and "AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING "clauses of the General Terms and Conditions (EXHIBIT C), and in the "ACKNOWLEDGMENT" and "WORK PRODUCT" clauses in the Special Terms and Conditions (EXHIBIT 131), as well as any other provisions in this Agreement that by their nature are intended to survive termination or expiration, shall survive the termination of this Agreement. 9. WAIVERS GENERALLY No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. 10.EXECUTIVE DIRECTOR'S DESIGNEE The Executive Director shall designate a Commission staff Grant Manager who shall have authority to act on behalf of the Executive Director with respect to this Agreement. Grantee shall be notified of such designation in writing. 85 City of Huntington Beach LCP-19-11 Page I of 10 EXHIBIT D1 Local Coastal Pro-gram (LCP) Terms and Conditions Definitions 1, The terms "Air Resources Board", "California Air Resources Board", or the acronym "GARB" refer to the California Air Resources Board. 2. The term "Benchmark"; specific tasks or project deliverables identified in the Scope of Work as approved by the Commission. 3. The term "California Climate Investments" or the acronym "CCI" all refer to the California Climate Investments program, a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment— particularly in disadvantaged communities. https:1Avw2.arb.ca.gov1our- worklorcLqramslcalifomia-climate-investments. 4. The term "Disadvantaged Community" refers to communities identified by the California Environmental Protection Agency as the top 25% most impacted census tracts in CalEnviroScreen 3.0, a screening tool used to help identify communities disproportionally burdened by multiple sources of pollution and with population characteristics that make them more sensitive to pollution. https.Iloehha.ca.-govlcalenviroscreenlreporticalenviroscreen-30 and httDs.-1Avww arb.ca.-govlccicapandtradelauctionproceedslcommunitvinvestments.htm 5. The term "Greenhouse Gas Reduction Fund" or the acronym "GGRF" all refer to the Greenhouse Gas Reduction Fund. https,-IAvww.arb.ca.qovlccicapandtradelauctionproceedsl2Of8-fun quidelines.pdf? qa=2.117664137.1287993031.1543248408-696453445,1536613225. 6. The term "LCP" refers to Local Coastal Program. 7. The term "Local Coastal Program Local Assistance Grant Program" refers to the Coastal Commission's grant program to support local governments in planning for sea level rise and climate change, and developing new or updating existing Local Coastal Programs (LCP), consistent with the California Coastal Act. CA Code of Reg. Tide 14 Division 5.5 Ch. 8 Sub. 2 8. The term "Low-income Community" refers to communities and households that are found within census tracts and households, respectively, that are either at or below 80 percent of the statewide median income, or at or below the threshold designated as low-income by the California Department of Housing and Community Development's adopted list of state income limits. https.-IAvww.arb.ca.00vlccicaDandtradelauctionproceed.slcommunityinvestments.htm 86 City of Huntington Beach LCP-19-11 Page 2of10 EXHIBIT D1 9. The term "Materials"; all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement and are identified as "deliverables" in the Scope of Work of this Grant Agreement. 10. The term "Other Sources of Funds" ; cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement. 11. The term "Pooled Money Investment Account" (PMIA) refers to the account through which the State Treasurer invests taxpayers' money to manage the State's cash flow and strengthen the financial security of local governmental entities. The rate of interest earned on the Pooled Money Investment Account serves as a benchmark for setting interest rates in several provisions of state law, and is the rate that is used for purposes of this Agreement. GC Title 2. Government of the Statute of CA[8000-22980], Division 4. Fiscal Affairs[16100-1777], Part 2. State Funds[16300-16649.95], Ch. 1.16314 12. The term "Request for Funds Form" or"RFF Form"; the form that will be submitted requesting payment and which is described in EXHIBIT B1. 13. The term "Round 1" refers to the Commission's first round of LCP grant funding that commenced in Fiscal Year 2013-2014 under the Local Coastal Program Local Assistance Grant Program. 14. The term 'Round 2" refers to the Commission's second round of LCP grant funding that commenced in Fiscal Year 2014-2015 under the Local Coastal Program Local Assistance Grant Program. 15. The term "Round 3" refers to the Commission's third round of LCP grant funding that commenced in Fiscal Year 2016-2017 under the Local Coastal Program Local Assistance Grant Program. 16. The term "Round 4" refers to the Commission's fourth round of LCP grant funding that commenced in Fiscal Year 2017-2018 under the Local Coastal Program Local Assistance Grant Program. 17. The term "Round 5" refers to the Commission's fifth round of LCP grant funding that commenced in Fiscal Year 2018-2019 under the Local Coastal Program Local Assistance Grant Program. 18. The term "Round 6" refers to the Commission's sixth and current round of LCP grant funding that commenced in Fiscal Year 2019-2020 under the Local Coastal Program Local Assistance Grant Program. 87 City of Huntington Beach LCP-19-11 Page 3 of 10 EXHIBIT D1 19. The term "Sea Level Rise Guidance" refers to the Coastal Commission's sea level rise guidance document adopted in August 2015 and updated in 2018. The document provides an overview of best available science on sea level rise for California and recommended steps for addressing sea level rise in Coastal Commission planning and regulatory actions under the Coastal Act. LCP Terms and Conditions 1. PURPOSE OF GRANT FUNDING Grant funds shall be used to fulfill the goals of the California Climate Investments program, including planning for strategies to reduce greenhouse gas emissions, adapt to the impacts of climate change, and maximize benefits to disadvantaged and low- income communities. 2. ACKNOWLEDGEMENT In order to acknowledge the Commission's and the California Climate Investments' support of the project, the Commission's and the California Climate Investments' name and logo shall be included in a prominent location in all materials related to the LCP Grant Project, including, but not limited to: Grantee reports or website postings about the grant program; draft and final work products, such as vulnerability assessments, adaptation plans, land use plans and implementation plans; and public outreach-related materials, including workshop announcements, press releases, contacts with the media, signage, invitations, and other media-related and public outreach products. The email info(a--)caclimateinvestments.ca.gg�v shall be included on any distribution lists and @CAClimatelnvest shall be posted on websites. The Grantee shall use the following standard funding language on websites and in announcements, press releases, and publications: The City of Huntington Beach Comprehensive Local Coastal Program Update is part of Califomia Climate Investments, a statewide program that puts billions of Cap-and-Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment—particularly in disadvantaged communities. The Cap- and-Trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. Califomia Climate Investments projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are located within and benefiting residents of disadvantaged communities, low-income communities, and low-income households across California. For more information, visit the California Climate Investments website at.www.caclimateinvestmentsca.gov. 88 City of Huntington Beach LCP-19-11 Page 4 of 10 EXHIBIT D1 The Grantee shall include in any agreement with any consultant or subconsultant under the LCP Grant Program terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission and the California Climate Investments as third-party beneficiaries of those provisions. The Commission and the California Climate Investments shall have the right to republish any material generated as a result of this Agreement. 3. WORK PRODUCT It shall be the Commission's Grant Manager's sole determination as to whether grant materials (i.e. project deliverables in Scope of Work) have been successfully completed and are acceptable to the Commission. The Commission reserves the right to withhold reimbursement under the REIMBURSEMENT clause for materials deemed incomplete or substandard. For materials that constitute LCPs, including Land Use Plans and Implementation Plans, the standard of review in determining whether a LCP is successfully completed and acceptable as a work product under the Scope of Work of this Grant Agreement, is the Coastal Act. The Grantee agrees that all materials are subject to the unqualified and unconditional rights of the Commission and the California Climate Investments as set forth in this section. The Commission and California Climate Investments shall have the right to reproduce, publish, display and make derivative use all such work, or any part thereof, free of charge in any manner and for any purposes whatsoever and to authorize others to do so. If any of the work material is subject to copyright, trademark, service mark, or patent, the Commission and the California Climate Investments are granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense. Grantee agrees that it shall use the materials developed with Grant Funds only for the purpose for which the Grant Funds were requested and no other use of the materials shall be permitted (including use of the work produced under this Agreement for any profit-making venture, or the sale or grant of rights thereto for that purpose) except as otherwise agreed to in an Amendment. Grantee must certify the materials developed with Grant Funds under this Agreement shall remain available for public request. This Agreement shall not prevent the transfer of the materials from the Grantee to a Public Agency if the successor Public Agency assumes the obligations imposed by this Agreement. If the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials are sold or otherwise disposed of, at the Commission's sole discretion, an amount equal to (1) the total amount of the Grant Funds, or (2) the proceeds from 89 City of Huntington Beach LCP-19-11 Page 5 of 10 EXHIBIT 131 the sale or other disposition, whichever is greater, shall be promptly reimbursed to the Commission by Grantee. The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the Grant Project terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission and the California Climate Investments as third-party beneficiaries of those provisions. Commission staff will be available to support the development of the Project through regular coordination and assistance. Commission staff support includes regular coordination meetings, timely review of reports, and participation in stakeholder advisory groups, as feasible, to ensure timely and successful completion of the Project. 4. PUBLIC ENGAGEMENT Public outreach shall target all interested members of the public, including visitors and other non-residents to the maximum extent feasible for the purpose of meaningful engagement in policy development, technical studies, and other tasks conducted pursuant to the grant Project. All public outreach activities related to the Project shall, to the maximum extent feasible, proactively engage those who already face disproportionate environmental burdens or vulnerabilities to environmental hazards, and/or those who come from communities of existing social inequalities, including members of the public and organizations from the following communities: disadvantaged communities, communities of color and/or low income, communities with low capacity to adapt to climate change, and communities not in close proximity to the shoreline but who visit and recreate there. Outreach activities shall seek to provide maximum opportunities for these groups to engage with and provide input on the tasks of the Project. 5. REIMBURSEMENT Complete reimbursement of Task funds under this Agreement will be dependent upon successful completion of the Task deliverable(s) of this Agreement. Grantee agrees that up to 20% of each Task and the total Task Budget hereunder may not be reimbursable until each Task and all final Task deliverables have been completed, delivered by the Grantee to Commission Staff„ and accepted by the Commission's Grant Manager. 6. DIGITAL AND PAPER SUBMITTAL OF MATERIALS Prior to the Executive Director's determination and reporting of certification pursuant to Section 13544 of the California Code of Regulations of a grant-funded LCP project, grantees shall submit LCP documents and maps in both paper and editable digital format to the Coastal Commission. 90 City of Huntington Beach LCP-19-11 Page 6 of 10 EXHIBIT D1 7. INSURANCE Throughout the term of this Agreement, for the life of any asset funded by the grant monies awarded pursuant to this Agreement, or for any period of project implementation after the termination date of this Agreement, the Grantee shall maintain insurance, as specked in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or consultants associated with the Project undertaken pursuant to this Agreement. If the Grantee provides funds to any consultants to accomplish any of the work of this Agreement or provides grant funds to any contractor to carry out a project under this Agreement, the Grantee shall first enter into an agreement with each consultant requiring it to obtain and maintain liability and property-damage insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the consultant, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the consultant may satisfy the coverage required by this section in whole or in part through its participation in a "risk management" plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Required insurance shall be maintained from the commencement date through the Termination Date of any work undertaken by the consultant under the approved Scope of Work. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO") Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability foram (1973) or comparable with Broad Form Comprehensive General Liability endorsement. 2. Automobile Liability coverage- ISO Form Number CA 0001, Code 1 (any auto). 3. Workers' Compensation insurance as required by the Labor Code of the State of California. B. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal (Including injury and property damage. If Commercial General operations, Liability Insurance or other form with a general products and aggregate limit is used, either the general aggregate completed limit shall apply separately to the activities under this operations, as Agreement or the general aggregate limit shall be twice applicable) the required occurrence limit. 91 City of Huntington Beach LCP-19-11 Page 7 of 10 EXHIBIT D1 2. Automobile $1,000,000 per accident for bodily injury and property Liability: damage. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. D. Required Provisions. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days' prior written notice by certified mail, return receipt requested, has been given to the Executive Director. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions: 1. The State of California, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this Agreement, the Grantee's insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees. 3. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. E. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best's rating of"B+:VII" or better or, in the alternative, acceptable to the Commission and approved in writing by the Executive Director. F. Verification of Coverage. The Grantee shall furnish the Grant Manager with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Grant Manager within 30 working days from the start date of the Grant Project. The Commission reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time. G. Premiums and Assessments. The Commission is not responsible for premiums and assessments on any insurance policy 8. CALIFORNIA CLIMATE INVESTMENTS REPORTING Upon request by the Grant Manager and in accordance with the reporting requirements under EXHIBIT B1, the Grantee shall complete and submit to the Commission the 92 City of Huntington Beach LCP-19-11 Page 8 of 10 EXHIBIT DI following reporting templates for the purpose of reporting under the California Climate Investments program: Co-Benefit Assessment Methodologies for the purpose of estimating economic, environmental, and public health benefits of the project; Greenhouse Gas Emissions Reduction Assessment Methodologies for the purpose of estimating reductions to greenhouse gas emissions attributed to the project; and Evaluation Criteria for the purpose of identifying direct, meaningful, and assured benefits that the project provides to disadvantaged and low-income communities (also known as priority populations as defined by the California Climate Investments Program). All Assessment Methodology templates and Evaluation Criteria templates shall be provided by the Commission to the Grantee to complete and submit to the Commission, as required herein. The Commission retains the right to request submittal of additional, supporting information related to the reporting requirements herein. 9. COASTAL COMMISSION SEA LEVEL RISE GUIDANCE Grantees shall use the Commission's Sea Level Rise Policy Guidance documents to inform the development of sea level rise impact assessments, vulnerability assessments, and LCP Land Use Plan and Implementation Plan completion or updates. 10.VULNERABILITY ASSESSMENTS In addition to the general recommendations contained within the Coastal Commission's Sea Level Rise Policy Guidance, and unless otherwise provided in the Scope of Work of this Agreement, Vulnerability Assessments shall include: (1) storm and non-storm scenarios, including maximum daily and annual tidal inundation, (2) assessment of sea level rise vulnerability with and without key development that is currently vulnerable and/or protected by a revetment, such as Highway 1, railroad tracks, and/or a row of residences, (3) anticipated changes in beach width under future sea level rise scenarios, (4) evaluation of the feasibility and effectiveness of sediment management and beach nourishment, and (5) evaluation of sea level rise vulnerability of existing and planned segments of the California Coastal Trail, (6) incorporation of the subject of environmental justice by, to the extent feasible, analyzing the differential impacts of sea level rise upon various demographics and community groups, and (7) consideration of the latest reports on sea level rise science and recommendations from the state of California, including Rising Seas in California (Griggs et al. 2017),6the most recently adopted update to the State Sea Level Rise Guidance, and the most recent version of the Safeguarding California Plan'. These scenarios and topics should be modelled or 'California Coastal Commission Sea Level Rise Policy Guidance 2018.Available. https:lldoczimenis.coastal.ca.eot,las,vetslslrl5.,uidancel2Ol8lO Full 2018Ad6.ytedSLRGuidanceU pdate,p 6 California Ocean Protection Council Science Advisory Team Working Group 2017.Available: hitp:lluivmLoPc.ca. pdf -zovlu�ebmasterI Idocslrisinz-seas-in-caliLornia-an-update-on-sea-level-rise science�df Accessed 28 July 2017. 7 Safeguarding California Plan:2018 Update. ht!p://resources,ca.gov/docs/climate/safep uardin�e/update2Ol8/safeguardinp--califomi U- lan-2018-uDdate.Rd Accessed 17 December 2018. �, 93 City of Huntington Beach LCP-19-11 Page 9 of 10 EXHIBIT D1 quantitatively analyzed where feasible and applicable, or at a minimum thoroughly discussed in a qualitative manner. Scenarios analyzed should include Medium-high Risk Aversion and Extreme Risk Aversion scenarios per the 2018 Ocean Protection Council Guidance and the Coastal Commission's Sea Level Rise Policy Guidance Update adopted November 2018, which both provide recommendations to aid in planning and understanding the worst-case scenario for projected time horizons. 11.COORDINATION OF SEA LEVEL RISE PLANNING WORK Sea level rise work completed under the Local Coastal Grant Program shall be coordinated regionally to the extent feasible with other jurisdictions and entities working on sea level rise projects within the same county or broader regional area relevant for sea level rise adaptation, such as the watershed, littoral cell, or area with similar geologic characteristics. Entities working on sea level rise projects include, but are not limited to, the State Coastal Conservancy, the Ocean Protection Council, The Nature Conservancy, NOAA, and USGS. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned as well as consideration of regional adaptation policies, and development of LCP policies. 12.TERMINATION Except as otherwise set forth in this Agreement, this Agreement may be terminated or suspended (a) by the Commission for any reason upon thirty (30) days prior written notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written notice to the Commission subject to the approval of the Commission in its sole discretion, and (c) immediately upon written notice by either party "for cause". The term "for cause" shall mean that either the Grantee or the Commission fails to meet any material terms, conditions, and/or responsibilities of the Agreement. In the event of a termination or suspension, the Grantee shall immediately stop work and take all reasonable measures to prevent further costs requiring reimbursement by the Commission. The Commission shall then only'be responsible for any reasonable and non-terminable obligations incurred by the Grantee in the performance of this Agreement prior to the date of the notice to terminate or suspend, but not to exceed the balance of the total funds which remains unencumbered under this Agreement at the time of termination. On or before the date of termination of this Agreement, whether terminated by the Grantee or the Commission, the Grantee shall provide the Commission with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this Agreement (whether completed or partial), in appropriate, readily useable form. 94 City of Huntington Beach LCP-19-11 Page 10 of 10 EXHIBIT D1 The Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement. The Grantee shall include in any agreement with any consultant retained for work under this Agreement a provision that entities the Grantee to immediately suspend or terminate the agreement with the consultant for any reason on written notice. Notwithstanding the foregoing, Grantee acknowledges (and waives any defense based on a claim) that monetary damages may not be an adequate remedy to redress a breach by Grantee hereunder and that a breach by Grantee hereunder may cause irreparable harm to the Commission. Accordingly, Grantee agrees that upon a breach of this Agreement by Grantee, the remedies of injunction, declaratory judgment and specific performance shall be available to the Commission. 95 City of Huntington Beach LCP-19-11 Page 1 of 5 EXHIBIT E CERTIFICATION (GCC-1/2019) The Grantee's signor CERTFIES UNDER PENALTY OF PERJURY that they are duly authorized to legally bind the Grantee to the clauses below. This certification is made under the laws of the State of California. GRANTEE CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the Coastal Commission determines that any of the following has occurred: (1) the Grantee has made false certification, or(2) violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because 96 City of Huntington Beach LCP-19-11 Page 2 of 6 EXHIBIT E of Grantee's failure to comply with an order of a Federal court which orders Grantee to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.-qov, and Public Contract Code Section 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to Grantee records, documents, agents or employees, or premises if reasonably required by authorized officials of the Coastal Commission, the Department of Industrial Relations, 97 City of Huntington Beach LCP-19-11 Page 3 of 5 EXHIBIT E or the Department of Justice to determine Grantee compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For Grantee Agreements of$100,000 or more, Grantee certifies that the Grantee and/or its subcontractors/consultants are in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For Grantee Agreements of$100,000 or more, Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410) 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent Grantee with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to the agreement while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. 98 City of Huntington Beach LCP-19-11 Page 4 of 5 EXHIBIT E If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA, (42 U.S.C. 12101 et seq.) 4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the Coastal Commission will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. The Coastal Commission will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county. city, district, or other local public body must provide the State with a copy of a res�lu'tion, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 99 City of Huntington Beach LCP-19-11 Page 5 of 5 EXHIBIT E 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other government entity. 100 City of Huntington Beach LCP-19-11 Page 1 of 1 EXHIBIT F INFORMAL AMENDMENT Amendment to 1. This amendment (the "Amendment") is made by and , parties to the agreement dated {the "Agreement"}. 2. As of date , the Agreement is amended as follows: 3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. Signed and Agreed: Representative of By: Printed Name: Title: Dated: Representative of Coastal Commission: By: Printed Name: Title: Dated: 101 ATTAC H M E N T #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL BAKER INTERNATIONAL, INC. FOR A COMPREHENSIVE LOCAL COASTAL PROGRAM UPDATE 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 MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare a Comprehensive Local Coastal Program Update; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Richard Beck who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 20-8602/228654 agree/surfnet/professional svcs mayor 1 Of 11 5/19-204082 3. TERM• TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on May 18 , 2020 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than March 15, 2022. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses,not to exceed Two Hundred and Forty Thousand Dollars($240,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit"B." 20-860=28654 agree!surfnedprofessional svcs mayor 2 Of 11 5119-204082 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 20-8602/228654 agree/surfneVprofessional Svcs mayor 3 of 11 5i19-204082 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and 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) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 20-8602/228654 agree/surfiiet/professional Svcs mayor 4 of 11 5/19 204082 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is tenminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10, CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 20-8602/228654 agree/surfnet/professional sves mayor 5 of 11 5/19-204082 C. shall 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 CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 20-8602/228654 aerec/surfnedprofessional Svcs mayor 6 of 11 5/19-204082 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY; become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to'any patent or copyrizD ght on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service,to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 20-8602/228654 agree/surtiieUprofessional secs mayor 7 of 11 5/19-204082 TO CITY: TO CONSULTANT: City of Huntington Beach Richard Beck ATTN: Ricky Ramos 5 Hutton Centre, Suite 500 2000 Main Street Santa Ana, CA 92707 Huntington Beach, CA 92648 (949) 855-3687 rbeck a,mbakerintl.com 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 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 20-8602/228654 agree/surfim/professional sves mayor 8 of 11 5/19-204082 neuter gender and singular or plural number shall be deemed to include the other whenever- the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 20-8602228654 agree/surfnet/professional sves mayor 9 of 11 5119-204082 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terns and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that 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 2 0-8 602122 8 6 5 4 agree/surfneUprofessional secs mayor 10 of 11 5/19-204082 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a MICHAEL BAKER INTERNATIONAL, municipal corporation of the State of INC. California By: V I Ichard Beck,Vice President /¢ print name ITS: (circle aae)Chairman/President/Vice President City Clerk AND INITIATED AND,.APPROVED: B v P." Mic ael T I an Assists Director of Community Development print na slit I-XI ITS: (circle one)Secretary/Chief Finan ial Officer/Asst. Secretary-Treasurer R VIEW rNfD �RO�,: City Manager APPR V D AS TO FORM: L\ rty AttorWey 20-8602/228654 agree/sur6iet/professional secs mayor 11 of 11 5/19-204082 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Michael Baker International, Inc. will prepare a Comprehensive Local Coastal Program Update. The scope of work dated March 13, 2020 is attached. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See attached scope of work. C. CITY'S DUTIES AND RESPONSIBILITIES: See attached scope of work. D. WORK PROGRAM/PROJECT SCHEDULE: See attached scope of work. EXHIBIT A 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: 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 memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above; and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL BAKER INTERNATIONAL, INC. FOR A COMPREHENSIVE LOCAL COASTAL PROGRAM UPDATE Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 -s �NI t � ' l, .. PP pp r �►i1 I ' .ter--___...�._____� _,: __ J � . - � _ _ �:__: ,...., • N �-- 77 �,tTrs ''.;r 'Y ..�•;+» � i __ rTr_�.,, �....tay�,��Y ,.�, ,sir + mated y _ Submitxe ommupiXysDevelopmentDepartir�ent�,„k -� City of Huntington Beachr- ' ' PROPOSAL fit Lace.11 Coastai Program Update Table of cn-'Lend s A. Vendor Application Form & Cover Letter 1 • Vendor Application Form-Appendix A** • Cover Letter 3 B. Background and Project Summary 5 • Background 5 • Project Summary 5 • Potential Issues and Proposed Solutions* 6 C. Methodology 7 • Methodology 7 • Schedule* 14 D. Staffing 16 • Organizational Chart* 16 • Staff Resumes 17 E: Qualifications 20 • Consultant Firm Qualifications 20 • Subconsultant 21 • Representative Projects 22 F. Fee Proposal* 25 G. Deliverables 26 * Per the RFP, Table of Contents,tables, charts, and graphic exhibits are not included in the page count. **Per the Q&A on Planet Bids-Appendix A is not included in the page count. I NT EA N AT 10 N AI PROPOSALIT A ' z cent€nzxton Beach Co������� Local Coastal Program Updat'r Vandar h1 p[Alcmdarr Farce REQUEST FOR PROPOSAL { VENDOR APPLICATION FORD TYPE OF APPLICANT: ❑ NEW CURRENT VENDOR Legal Contractual Name of Corporation: Michael Baker International, Inc. Contact Person for Agreement: Richard Beck Corporate Mailing Address: 5 Hutton Centre, Suite 500 CA 92707 City,State and Zip Code: Santa Ana, E-Mail Address: rbeck@mbakerintl.com Phone: (949) 855-3687 Fax: (949) 837-4122 i Contact Person for Proposals: Richard Beck Title:Vice President E-Mail Address: rbeck@mbakedntl.com i 'i ) 855-3687 (949) 837-4122 j Business Telephone: �949/ Business Fax: Is Your business:(check one) ❑ NONTT PROFIT CORPORATION FOR PROFIT CORPORATION Is your business:(check one) CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION j I i 1 of 2 i I N T E R N A T I O N A L 1 PROPOSAL �_ITA5 , Huntington Leach Compreh�C Local Coastal Pro-cram Update VICri er APPReattan Fo."l-M Names&Titles of Corporate Board Members (Also list Names&Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Brian A. Lutes President& CEO (412) 269-6453 Daniel Kieny EVP&cNerT.dmi.gyOffice, (412) 918-4063 i David Boone EVP&Chief Growth Ofticer (571) 357-6030 Edward B. Gentileore EVPACn*LegNMerESec—1 (412) 918-4060 Richard B. Beck vPCWXG2N6dhPinrya{pl$ (949) 855-3687 Federal Tax Identification Number: 25-1228638 I City of Huntington Beach Business License Number: A296516, SIC: 8478 (If none,you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 513 1/20 I i 2of2 I N T E R N A T 1 0 N A L 2 EXHIBIT A - We Make o Difference INTERNATIONAL March 13, 2020 City of Huntington Beach Attention: Jennifer Anderson 2000 Main Street I Huntington Beach, CA 92648 Subject: Proposal for Huntington Beach Comprehensive Local Coastal Program Update Dear Ms.Anderson and Selection Committee: Congratulations on obtaining your coastal grant for Sea Level Rise (SLR) studies! The City of Huntington Beach (City) has taken a proactive role in researching and tracking sea level rise and coastal policies. Several years ago our team provided a significant amount of coastal analysis that allowed the City to get a jump start on the evolving topic of sea level rise, We are prepared and excited to support the City with relevant updates, policies and solutions so proper planning can be underway for the future. Michael Baker International (Michael Baker) is proud to submit our qualifications and proven work program to the City. Michael Baker is a recognized leader in planning, environmental, and municipal services on the leading edge of climate change and sustainability planning. We are also excited to again team with our hand-picked subconsultant, Moffatt& Nichol (M&N), who will provide important updates to SLR studies. We have successfully teamed with M&N on over 25 projects—our team provides an unmatched continuity of service to the City. We know and prepared the City's 2014 sea level rise documentation that exists today. Although still applicable, significant changes have occurred since the publication of the documents. Refinements have included additional detail to coastal mapping modeling programs, newer guidance on policy planning from the California Coastal Commission and an increasingly educated public regarding climate change and sea level rise. Our team is eager to share our "learnings" and proactive tools from years of performing such services, most recently in the City of Seal Beach and Carlsbad. For Huntington Beach, our approach includes the use of existing information where possible (avoid "recreating the wheel"), providing educational updates through clear and concise graphics to be used in stakeholder/City Council engagement, and leveraging our trusted relationships with California Coastal Commission staff to expedite their review and approvals. The table below highlights our approach, project examples, and specific benefits to the City for this work effort: Past'Project with Michael Baker Uarn Benefits to the Approach City,- .. .. Carlsbad SLR/LCP/Zoning Update use Consistency of work, Using Existing Data Same team of experts to of recent General Plan and SLR higher quality product, deliver updated products documentation. Helped generate City's meet scheduling SLR Website objectives. 5 Hutton Centre Drive, Suite 500 j Santa Ana, CA 92707 MBAKERINTL.COM Office: (949)472-3505 1 Fax: (949)472-8373 3 EXHIBIT A Ms.Jennifer Anderson March 13, 2020 We Make a Difference Page 2 Clear and City of Seal Beach SLR/LCP Increased stakeholder buy-in, Concise Update Public Workshops reduced gridlock during Graphics for GIS/graphic capabilities (completed surveys,events at educational and comment Presentations/ car shows,other unique periods. Outreach outreach opportunities) Leverage Constant communication; City of Hermosa Beach CCC Faster CCC review times, Existing CCC pre-annotated outline submittals Staff communications decrease in"re-dos", ultimate Relationships to map CCC staff preferences I approval of documentation. Our local resources include experts in coastal engineering and marine science, coastal resiliency planning, FEMA, outreach and communication and various technical experts. Advantages brought by Michael Baker include: • Michael Baker's leadership team includes Richard Beck, as Principal-In-Charge, and Chris Johnson, Project Manager. Mr. Beck and Mr. Johnson have worked together for 20 years, including numerous coastal programs similar to the subject solicitation. This management team experience allows for on-schedule delivery and trusted advisory services,which increases City Council and stakeholder buy-in. • Michael Baker has provided coastal planning, impact analysis and permitting since the 1970's. We are intimately familiar with the California Coastal Act and maintain excellent relationships with the Coastal Commission and Coastal Staff. This familiarity adds value to the City in terms of relationships and efficiencies tied to budget and schedule. • We know Huntington Beach! Our team has provided successful local professional planning, engineering, and construction services to Huntington Beach and throughout the County for decades. Our past studies allow us to eliminate the learning curve with respect to the spectacular City coastline, assets, and resources. • Our SLR analysis will be conducted by M&N. We have provided seamless projects specific to SLR, which reduces the transition time between mapping, risk assessment and creation of policy. Michael Baker's nearest office to Huntington Beach, California is our Santa Ana office at 5 Hutton Centre, Suite 500, Santa Ana, CA 92707. The office telephone number is (949) 472-3505. Michael Baker will be managing the project out of our Santa Ana office. The attached scope and fee have been developed to respond to the Coastal Commission grant funding amount of $200,000 and confirmation from RFP responses concerning available funding. We can begin work immediately and begin to update existing documents. We look forward to continuing our work effort with the City of Huntington Beach on this project. We have prepared our proposal and compensation details that will be valid for a 180-day period from the date of this submittal. If you have any questions, please contact Richard Beck at(949) 855-3687 or rbecka—m bake rintl.co m. Sincerely, Richard Beck, PWS, CEP, CPESC, CERP Vice President 4 PROPOSAL y Huntington Beach Cornpreh �61T A Local Coastal Program Update ``- � ' • T - . 5ac[- r � l-�, and Prefect Sty cnary BACKGROUND The City of Huntington Beach, located within the heart of Orange County, is home to approximately 9.5-miles of coastline. Incorporated in 1909, the City is surrounded by the cities of Seal Beach, Westminster, Fountain Valley, Costa Mesa, and Newport Beach, along with County of Orange jurisdiction, State Route 1 traverses the city in a north-south direction, while the Interstate 405 is mostly located north of City jurisdiction. Due to the unique geography and topology of Huntington Beach, the City jurisdiction includes several unique coastal features and resources such as Bolsa Chica Ecological Reserve, Huntington Beach Wetlands, Huntington Harbor, Huntington Beach Pier, and a variety of local and state beaches. As a result, the Huntington Beach Coastal Zone extends from the mean high tide line to generally 1,000 yards inland to over one mile inland in some area locations. The Coastal Zone encompasses approximately five square miles of land and water or approximately 17 percent of the total City area. Several channels within the City remain under County jurisdiction, such as Talbert Channel, Huntington Beach Channel, East Garden Wintersburg Channel, and more. Additionally, the City is immediately adjacent to the Seal Beach Naval Weapons Station — National Wildlife Refuge to the north and the Santa Ana River to the south. Resources within neighboring jurisdictions could potentially affect Huntington Beach in the case of sea level rise or other coastal hazards. The City is seeking an amendment to existing Local Coastal Program Documents, which include an update to the Coastal Resiliency Plan, Coastal Element and Floodplain Ordinance. All updates shall be made in accordance with the most recent California Coastal Commission (CCC) guidance and regulations. PROJECT SUMMARY Like many municipalities statewide, the Huntington Beach coastal planning documents are not entirely consistent with today's planning challenges. The City has identified the future need to address coastal hazards, sea level rise and adaptation strategies to properly manage future development within the Coastal Zone. Based on the City's existing LCP documents, this work effort will seek to amend and update the City's Coastal Resiliency Plan, Coastal Element and Floodplain Ordinance. It is imperative that the City's coastal planning documents are up to date and useful, to guide City staff and residents on existing land use, land re-use, improvement projects, and tourism. The City prepared a Sea Level Rise Vulnerability Assessment in 2014, prior to the release of the CCC Sea Level Rise Policy Document (2014) and the Best Available Science Update (2018). Additionally, during the 2017 General Plan Update, the City prepared a Coastal Resiliency Plan (CRP) that identifies strategies and implementation measures associated with sea level rise issues. It is our understanding that the CRP serves as a "bridge document" to link the General Plan with the comprehensive LCP update proposed here. Both documents shall be updated with the most recent policy guidance and direction provided by the CCC, and shall be used to inform the Coastal Element update and Floodplain Ordinance. It is Michael Baker's understanding that the Coastal Element serves as the City's Land Use Plan (LUP) and will also direct users to appropriate implementation measures (i.e., specific ordinances within the City code). Michael Baker will also identify the specific ordinances that may warrant updates based on the Coastal Element update. Additionally, the Floodplain Ordinance shall be updated based on information gathered throughout the comprehensive LCP amendment process. Specific tasks and processes are outlined in Section C, Methodology. I NT ER N AT 10 NAI 5 PROPOSAL � Q} j Huntington each Caa�preh&Nil A '..r. Local Coastal Program Update � t� I. [aeE:gVGLL1-Ld and R-af ect Ift'i'U''Mmacs POTENTIAL ISSUES AND PROPOSED SOLUTIONS Michael Baker is familiar with the City's coastline and adjoining areas given our previous work within the City and other coastal Orange County cities. Our multi-disciplinary ,,team also has the capacity to understand flooding issues Variety of resources and unique coastline. with inland waters and predict certain problem areas where surface waters meet the coastline.We are able to use this in- house knowledge and add value to the City's Coastal Element and Floodplain Ordinance to strengthen consistency and usability. Proper integration with the Michael Baker prepared Local j Hazard Mitigation Plan shall ensure the City's eligibility for federal disaster assistance. Sea level rise and other coastal Local Hazard Mitigation Plan Integration. related hazards (coastal bluff erosion, flooding, tsunami, and severe weather) were identified as hazards of concern. Michael Baker's top priority shall be to integrate LCP efforts with existing City mechanisms and programs, to ensure streamlined planning and reduced redundancy. Michael Baker is familiar with managing coastal hazards Consideration of various options. such as shoreline protection, the elevation of structures and activity areas, resilient design, and retreat. Legal and political sensitivities. Michael Baker is familiar with legal and political sensitives associated with sea level rise and coastal adaptation. - -- - — - J - -- -- - —- --- --- — -- - I HTEAN■T 10 N AL 6 PROPOSAL Hunt n 1regton Beach ComprehcE 0IT A Local Coastal Pre-gram Update C. VGt,;IIad�e� " Michael Baker has developed an integrated approach in preparing LCPs, while providing flexibility to respond to Huntington Beach's specific needs. This approach is intended to be an informative process that allows the project team, agency officials, stakeholders, and the public to understand issues and potential vulnerabilities in the community. Our history of supporting local agencies with LCPs and SLR vulnerability assessments is strengthened by our experience in hazard mitigation, adaptation and emergency response planning. Project Management and Project Controls Michael Baker's project management approach is designed to facilitate clear communication among key parties and to resolve issues in a timely manner. Our management structure, which includes a dedicated Project Manager (Chris Johnson), will facilitate the integration of project activities into a seamless process. While each task has its own set of deliverables and review cycles, the interdependency of all tasks must be recognized to develop a critical path that achieves an adoptable plan within the desired time frame. The Project Manager's role will be to coordinate the project directly with the City Project Manager, support the City staff with community outreach and presentation to the Planning Commission and City Council, and be fully aware of day-to-day project activities. Michael Baker has a unique approach to ensure that each client need is met and that the City's project schedule would be a top priority for Team staff. Our approach is designed to allow for regular interaction between City staff and the Michael Baker Team, which allows for frequent information sharing opportunities. During peak periods of activity, Michael Baker proposes to engage the City in regularly scheduled meetings and/or conference calls. This approach will assist in data exchange without loss of time or resources and will give City staff advance input on issues or questions that may arise. We have completed several grant funded projects, including Local Coastal Program updates. Michael Baker's scheduling systems allocate resources to meet all client due dates, regardless of timing or number of deadlines within a given period, Responsibility for planning and controlling a contract schedule lies with the Project Manager, who will use all of the following systems: weekly workload management meetings; long-range staffing projections; resource scheduling (Word processing,graphics,editing, production); and, critical path method and timeline scheduling for tasks and milestones. Quality Assurance/Quality Control Michael Baker Quality Control Program is a continuous process used not just at project milestones, but also on a daily basis as workflows from desk to desk, discipline to discipline, and consultant to client. Michael Baker utilized this QA/QC program on each project undertaken to ensure that a high-quality product is delivered on schedule and within budget. Michael Baker's key organizational elements for QA/QC are adaptable to any project. Our plans will undergo two types of internal reviews: • On-going Reviews:These occur throughout the project process by the Principal-in-Charge/Project Manager and focus on the day-to-day accuracy and coordination with other disciplines. • Formal Reviews: These occur at the end of the product submittal stages and will be performed by the discipline department head. In addition to internal checks, we will provide City staff with a review and comment on all deliverables prior to any release. This will help ensure there is no disconnect between our work and the needs of the City. Integration Plan Michael Baker's approach to assisting the City of Huntington Beach is to work in close cooperation as a seamless extension of your staff. Our Team brings extensive experience, but we are cognizant of our role and the need to prepare a Coastal Element and Floodplain Ordinance in line with the overall goals of the community. Michael Baker's coastal INTERNATIONAL 7 PROPOSAL ,.. Huntington Beach Cc�tr�p eh SIT A >x..- Local Coastal Program Update planning efforts produce streamlined plans that are compliant with CCC requirements and guidance, as well as serve as a framework for successful integration with other City planning efforts that lead to effective implementation. As an extension of City staff, the Michael Baker planning team recognizes the importance of soliciting and documenting the views of internal and external stakeholders, for the benefit of the Vulnerability Assessment (VA), Coastal Resiliency Plan (CRP), Coastal Element and Floodplain Ordinance. All public meetings and outreach events will be staffed with community engagement specialists, familiar with navigating facilitation scenarios related to coastal planning and SLR hazards. The Michael Baker methodology for documenting community input include: detailed meeting minutes, pictures, interactive activities with deliverable results, and outreach summary documents. Honoring the obligation to meet CCC requirements and guidelines, the Michael Baker Team understands the continued maintenance and resource burdens required to develop a certified LCP. The Michael Baker Team includes members who are experience in reviewing, analyzing, and extracting pre-existing data/information, as well as introducing new streamlined and integrated planning processes to match current resources to reduce staff burdens now and in the future. Michael Baker believes that effective leadership and project management is instrumental for project success, as it provides a framework to guide participants toward common goals, enhances cost effectiveness, and reduces the risk of project budget overruns. PROPOSED APPROACH AND SCOPE OF WORK The proposed approach and work program is based on our local knowledge of the City of Huntington Beach, existing relationships with stakeholders and our experience in processing SLR analysis and Local Coastal Plan updates. We look forward to finalizing our scope of work upon the formal negotiation process. Task 1.1 Project Kick-off Meeting Michael Baker will schedule an in-person meeting with City staff to confirm project timeline and refine scope items. This meeting will also address any project expectations and relevant information regarding the Comprehensive LCP Update. Up to three (3)Michael Baker staff members will attend the meeting. Task 1.3 Staff Coordination with Consultant to Track Project Process Michael Baker will schedule regular conference calls to facilitate effective and ongoing communication amongst the team. These conference calls can be supplemented with in-person meetings,as necessary. Task 1.4 Invoicing&Quarterly Reporting Per CCC grant administration procedures, Michael Baker will assist the City in submitting quarterly reports tracking milestone progress and completion. Once per quarter, Michael Baker shall provide an electronic summary document to the City for review. The City will retain responsibility for submittal to CCC. Task 2 1 Sea Level Rise Vulnerability Assessment Update Task 2.1 Background Data Collection Update The Michael Baker team has original documents, maps and model results from the 2014 VA to provide a starting point for the update. The probabilistic SLR projections from the Ocean Protection Council (OPC) guidance document will form the basis for scenarios to be evaluated in the VA update. The "likely range" of projections is in the 1- to 3-foot range this I NT E R NATI 0N AI 8 PADP[lS/\|Huntington Beach Camp IT LocaUCaastal Program Up-date � ^^" V'ethz century, but there iS potential long-term SLR Probabdalk SLRmnaflos,OPC(2018) ' could reach 5-6 feet. Michael Baker will also download updated coastal hazard information ~ ������b...d) � = , e�w � nl O Coastal Storm Modeling System � , xm�*=Nolecbohl --—` (CDOMOG) Version 3.0, Phase 2. @ multi- agency effort led by the United States Geological 8Vm8y /U8GS\ that provides storm and non-storm flooding hazards for a range of SLR mconohns. COnsiSt8D\ with the updated »20w -- � 204C 205" "W 2070 ---2080 20-0 2100 CCC and OPC guidance documents. ���man Taok2.2 Coastal Conditions Assessment Many details requested iD this task were documented iO the recent FEKAA California Coastal Analysis and Mapping Project /2016\ to update the coastal flooding hazard maps along the Pacific Coast. Rather than perform additional duplicative`Oa, 'iS. wopnDpoS810 [B|yODthiSd8bofO[pa[a08hnnSSuChaSbo8:hS|Vpe. baCkshU[8toeeleYatioOaOdC[8S19levatiOD. The N1iCh88| Baker team will perform input data spot checks to confirm consistency with other reliable data sources. Regarding long-term historic shoreline ohuDge, we will rely on 82O18 feasibility study focused Vn the Huntington Beach Bluffs (K8&N. 2018) prepared by Nl&N for the Department of Public VVOdm. This study evaluated ShOm|ino change trends at the bluffs and relied OO data from the Coast OfCalifornia Sh}nn and Tidal VVGvS StUdy— South Coast R8giUn, Orange County(USACE. 2O02) and more recent monitoring data collected by the USACE. Tomh2.3 Planning Area Inventory Update N1ioh88| Baker will work with the City to update/expand the G|S inventory of coastal resources 8uoombind as part Ofthe 2014 VA. The updated nBSoUnCe inventory will be grouped into categories to be SvaiVoUod in the updated VA. Resource categories depend upon available G|S data. but may include: Coastal Development, Beaches & Public Trust Resources, Coastal Access, R8cnu8\iVn Facilities, Infrastructure, Environmental Resources,ursimilar. Tmsk2.4 Outreach Prior toModeling Michael Baker will schedule R regular nnODth|y Conf8neOD8 u8|| meetings with CCC staff to review the data and methodology that will be applied in the SLR modeling and VA. A maXinnVnD Of six (6) meetings will be schodu|od, to the benefit of providing CCC with project updates and keeping the consultant team on schedule and for grant deliverable requirements. Tamk2.5 Model SLR0cenohoa Michael Baker will coordinate with the City and CCC to identify a range of SLR noonahns to evo|uoba in the updated VA, consistent with CCC /3PC guidance and projections. We propose to evaluate o maximum of five (5) aconahuo ranging from 0 (current sea level) to8.0feet. Bused on a preliminary review, coastal hazard modeling results from Co8MoS provide detailed information on coastal erosion and flooding hazards in Huntington Beach. The USGS approach is consistent with the approach applied in the 2014 VA' except the Co8|NnS data analyzed transocts at o higher resolution resulting in more accurate depictions of onuota| flooding potential for the updated VA. An example /f the CoSMoS hazards for an annual storm event with 0.8 feet of SLR is provided in this figure at Huntington Harbor. CVSK8nS modeling results for 8 range of storm events and SLR scenarios is available at the Our Coast Our Future viewing platform: . /w,,^^^r.ow^L 9 PROPOSAL ` ' Huntington Beach Compreh&&kWIT A Local Coastal Program Update C. Task 2.6 Conduct Updated SLR Vulnerability Assessment ' tianld typt,duration, The updated SLR VA will be prepared to inform policy and adaptation t EXPOSURE Snd��40nryarnvurre strategy for incorporation into an LCP update, The vulnerabilities and consequences identified in the VA will help prioritize planning efforts to account for the time horizon of each impact, as well as the significance impacts on the community and resources. Consistent with the methodology Degrtetowhrch VUINERABIUTY SENSITIVITY aImuueh described in the guidance documents, vulnerability will be evaluated as a Impaiwby function of: 1) hazard exposure, 2) hazard sensitivity, and 3) adaptive hawde*murr capacity, as illustrated on the graphic to the right. Exposure to coastal ,:, processes, such as shoreline erosion, storm related flooding, and bluff erosion will be rated based on the type of hazard, duration, and frequency of ADAPTIVE Amity of atesoutre storm-related or non-storm impacts. Sensitivity and adaptive capacity will be CAPACITY to adapt toevofr q evaluated in conjunction with the project team to identify critical thresholds naiae, where hazard exposure could result in damage or functional impairment of a resource or asset. VA results will inform preparation of the adaptation strategies by identifying thresholds at which significant planning areas, assets, or coastal resources could be impacted by SLR. Michael Baker will develop an administrative draft SLR Vulnerability Assessment (SLR VA) for City Screencheck Review, The draft SLR VA will be provided to the City via electronic submittal. One round of review and revisions from the City is assumed. Michael Baker will incorporate revisions into a public review draft SLR Vulnerability Assessment. The public review draft will be provided to the City electronically, and the City will be responsible for noticing the 30-day public review period and circulating to interested parties(including the CCC). All comments shall be directed to the City and collected for incorporation. Task 2.7 Study Approach Summary A study approach summary and analysis methods will be provided for incorporation into the VA for reference by other jurisdictions, stakeholders and resource agencies. The methodology applied in assessing vulnerability and prioritizing adaptation strategies will provide a great example for other municipalities looking to address SLR hazards in conformance with the latest SLR guidance documents. Coastal Resiliency Plan Update Task 3.1 Review Current Plan, Existing Studies, and Adaptation Policies Michael Baker will review the existing CRP, as well as other existing studies and other existing adaptation measures as applicable. The City will provide necessary background materials electronically, to facilitate desktop review. Michael Baker will also review CCC guidance documentation, including the 2015 SLR Policy Guidance Document, the 2018 Best Available Science Update to SLR Policy Guidance, and the 2018 OPC State SLR Guidance Document. Task 3.2 Conduct a Public Outreach Process Community engagement is a major component of the LCP process, and Michael Baker will work with the City to develop an Engagement Strategy that is responsive to participation needs. The approach is anticipated to include a community survey, web-based participation, and outreach meetings as outlined below. All outreach activities shall be thoroughly documented with sign-in sheets, summaries and pictures, as appropriate. I NT E R N AT 10N AI 10 PROPOSAL Hu ntington Beach Cc.mpreh 1T /\ Local Pragramy[p,fate C. `�� .^��`^��"^ Online Community Survey Working with the City, N1ich@a| Baker will develop an On|iOo 3urv8y, compile naou|tS, and provide G summary ofinput. The SUmWy is proposed to be provided through GUrveyMonkey@ and will include mu|Up|e'ChO|Ce qUnS1iUOS. ranking/rating Sca|g3. and OpgO'aDdSd questions. Questions will focus DO SLR and other coastal hazard for use in CRP and Coastal B8nDeDt updates. Michael Baker will CD0ndioat8 with the City to make the survey link available on the City w8bSiV9. The City will be responsible for distributing and promoting the survey. Web ContontlSoc/a/Media Dn|(n8 0utn8onh will be a key strategy in the planning process, providing @ CoSt-8ffBoUvo means for reaching interested members of the public. Michael Baker will assist the City in developing web content that can be used on the City's website ornnawebpage that io specifically dedicated to the CRP. Community Workshop and Pop-Up Activities Michael Baker will facilitate and attend up to one (1) workshop or pop-up activity focused on the impact of SLR and other coastal hazards. VVe will work with the City 10determine the best location, approach, purpose and content of the outreach SvoDL Michael Baker embraces 8 Vvh0|8 CVmDlUDiN approach to 8nSu[S stakeholders have SeYOr8| opportunities to participate. VVorhOhOpS are 8 fantastic opportunity 0J inform and obtain input from the community. Addibon8||y. community events or focused outreach as part 0fregularly scheduled meetings can provide uuC8So to input from individuals who d0 not traditionally participate. Depending on the preference of the City, Michael Baker would support either type nfoutreach. The City is responsible for securing the ultimate venue and OD0nOuniuohng background and purpose to the public for the Comprehensive LCP update. Michael Baker and Ni&N will attend both meetings and facilitate/present project specific details. Kdinh88| Baker will design one promotional piece per event /h>r @ total Of three p[Ornoti0Oa| pieces) to publicize opportunities to participate. The promotional piece will be provided to the City for review,with one round of revisions. The Qb/ will be responsible for dissemination of the pmnAVdDna| piece UlmUgh the Chy'S w8bSitB, social media p|aMnnm. newsletters, printed mailings or other methods. Tesh3.3 Develop SLR-Related Options and Policies Based on the review conducted in Task 3.1 and input R)D8iY8d during Task 3.2, N\iCh@8l Baker will develop an update of SLR-related goals/policies that may be used to address potential hazards. Potential goals/policies shall consider the City's unique geography, along with specific vulnerabilities identified iD Task 2. Tamh3.4 Prepare Coastal Resiliency Plan NiiChao| Baker will prepare an administrative draft CRP update incorporating the YU|nonobi|ih/ assessment and evaluating SLR oo\ioDS/poUCiSS (including guiding phDcipleS. goals and pnypo�dOoSS action). Michael Baker will provide an electronic administrative draft to the City for one round of onnnmeO\m/naviaionS. AM8[ incorporating the City'S revisions, |Niohao| Baker shall prepare a public review dn@M CRP to submit to the City. The City shall be responsible for circulating the public review draft CRP to the CCC and other stakeholders fora 30'day period. Comments shall be directed to the Citv'who v�||compile and document Vn behalf ofK8iChao| 8ake[ the comments received to Michael Baker for review and iDCVrpOrah0O into the final CRP. K8iohoB| Baker will then prepare the final CRP. Taok3.5 Establish aMonitoring Program Michael Baker assist the City in preparing a monitoring program, using publicly accessible data sources, The monitoring program shall complement the CRP and establish triggers for action in regard to SLR mitigation. .w`,ow^`/o°^L 11 PROPOSAL " - ' " = Huntlgrarr Beach Careh61- NIT A _ Local Coastal Proaran-i Update ' C. Methodology •. pdlpte Task 4.1 Draft Coastal Element Update Based on the data collected through SLR VA and CRP, Michael Baker will initiate preparation of the Draft Coastal Element Update as the LCP Land Use Plan and Implementation Programs identifier. Michael Baker will identify components of the existing Coastal Element that warrant updates, along with reviewing other City plans/ordinances that require modification to be consistent with Coastal Element revisions. Additionally, new goals, objectives and policies will be identified/ incorporated into the update as necessary. Michael Baker will prepare an administrative draft Coastal Element update for an electronic submittal. Michael Baker assumes one round of comments from the City, to prepare the public review draft Coastal Element Update. Michael Baker will then submit to the City for distribution during a 30-day review period. The City will be responsible for noticing the public review period to appropriate stakeholders. The public review draft Coastal Element Update will be available electronically on the City's website and will be distributed to interested parties for comment (including the CCC). Comments shall be directed to City staff, who will document for the Public Comment and Revision Summary. After the 30-day period, Michael Baker will review the comments for incorporation into the Final Coastal Element(Task 4.3). Task 4.2 Prioritize Implementation Elements for Implementation Program Michael Baker will analyze and prioritize implementation improvements within the Coastal Element Update (Task 4.1) based on vulnerability, impact, timeframe and cost. Each implementation measure will be labeled either a High, Medium, or Low priority, and ranked as appropriate. Michael Baker will also identify potential funding sources for the implementation of high priority projects. Task 4.3 Final Coastal Element Update Michael Baker will review all received comments on the public review Coastal Element Update, for incorporation into the final Coastal Element. All comments received shall be documented in the Public Comment and Revision Summary (including comments received during previous outreach efforts in Task 2 and 3) and input from CCC staff, City staff, officials, or other relevant parties. If comments received are not incorporated, Michael Baker will provide documentation for the reasoning behind such decision within the Public Comment and Revision Summary. Michael Baker develop the final Coastal Element for submittal to the City and CCC. Michael Baker will submit five (5) printed Coastal Element Update copies and one electronic copy to the CCC. The cover page shall reflect the CCC grant program financial contribution on the cover of the report. Task 4.4 Planning Commission Recommendation and City Council Adoption In coordination with the City's project management team, Michael Baker shall support City staff one (1) study session with the Planning Commission and one (1) study session with the City Council. The study session purpose shall be to discuss the Coastal Element Update preparation process, public outreach and the next steps toward certification. Michael Baker will prepare a PowerPoint presentation and handout materials to aid in this discussion. Two (2) Michael Baker staff members and two (2) M&N staff members will attend each study session. After study session facilitation, Michael Baker and M&N will attend two (2) hearings with the Planning Commission and two(2) hearings with the City Council to assist in local adoption. Michael Baker and M&N staff will be available to answer technical questions related to the Coastal Element update or the preparation process. Two (2) Michael Baker staff members and two (2) M&N staff member will attend. Fifteen (15) hardcopies of the following documents will be presented to the Planning Commission and City Council prior to the study session: final SLR VA, final CRP, and final Coastal Element Update. I N TE AN ATI 0 N AL 12 PROPOSAL `� r ach Local Coastal Program Update 65 Mill Task 5.1 Draft Floodplain Ordinance Update Michael Baker will review the existing City Floodplain Ordinance and identify components that warrant modification. Based on data collected during the SLR Vulnerability Assessment, CRP, and Coastal Element Update, the Floodplain Ordinance will be revised to include these considerations. Michael Baker will develop an administrative draft Floodplain Ordinance Update for electronic submittal. One round of review and revisions from the City is assumed. Michael Baker will incorporate revisions into a public review draft Floodplain Ordinance. The public review draft will be provided to the City electronically, and the City will be responsible for noticing the 30-day public review period and circulating to interested parties(including the CCC).All comments shall be directed to the City and collected for incorporation in Task 5.3. Task 5.2 Public Outreach and Information Process Michael Baker will support and attend one workshop or pop-up activity focused on the floodplain ordinance update.We will work with the City to determine the best location, approach, purpose and content of each community outreach event. Michael Baker will design one promotional piece to publicize opportunities to participate. The promotional piece will be provided to the City for review, and one round of revisions is assumed. The City will be responsible for dissemination of the promotional piece through the City's website, social media platform, newsletters, printed mailings or other methods. Task 5.3 Final Floodplain Ordinance Update Michael Baker will review all received comments on the public review draft Floodplain Ordinance Update, for incorporation into the final ordinance. All comments received by the City shall be submitted to Michael Baker, and documented into a Public Comment and Revision Summary. Michael Baker will incorporate comments into the final Floodplain Ordinance; if comments received are not incorporated, Michael Baker will provide documentation for the reasoning behind such decision. Michael Baker will submit five(5) printed final Floodplain Ordinances and one (1)electronic copy to the CCC. Task 5.4 Planning Commission Recommendation and City Council Adoption In coordination with the City's project management team, Michael Baker shall support City staff for one (1) study session with the Planning Commission. The study session purpose shall be to discuss the Floodplain Ordinance Update preparation process, public outreach and the next steps toward adoption. Michael Baker will prepare a PowerPoint presentation and handout materials to aid in this discussion. Up to two (2) Michael Baker staff members and two (2) M&N staff members will attend. After study session facilitation, Michael Baker and M&N will attend one (1) hearing with the Planning Commission and one (1) hearing with the City Council to assist in local adoption. Michael Baker and M&N staff will be available to answer technical questions related to the Coastal Element update or the preparation process. Up to two (2) Michael Baker staff members and two (2) M&N staff member will attend. Fifteen (15) hard copies of the Floodplain Ordinance Update shall be presented to the Planning Commission and City Council prior to the study session. I NT FR N ATI 0N AI 13 PROPOSAL - �- Huntington Sc-ucl Lanai Coastal P'ra rrrami Update � � '' C. [Llketl F+daEogy - sd-e'.Ulr -PROJECTTASK 1 Task 1.1: Project Kick-off Meeting i May 4, 2020-ongoing Task 1.3: Staff Coordination with Consultant to Track Project Progress May 4, 2020-ongoing Task 1.4: Invoicing&Quarterly Reporting Monthly UPDATETASK2 SEA LEVEL RISEVULNERABILITY ASSESSMENT Task 2.1: Background Data Collection Update May 5, 2020-May 29, 2020 Task 2.2: Coastal Conditions Assessment _ _ _ A May 5, 2020 June 30,2020 - Task 2.3: Planning Area Inventory Update May 5, 2020-June 30, 2020 Task 2.4: Outreach Prior to Modeling June 1, 2020-July 15, 2020 Task 2.5: Model SLR Scenarios July 15, 2020-August 14,2020 Task 2.6: Conduct Updated SLR Vulnerability Assessment Draft Preparation August 17, 2020-September 9, 2020 Screencheck Review - September 9, 2020-September 16,2020 Public Review Draft Preparation - I September 16, 2020-September 30, 2020 Public ReviewlCCC Review September 30, 2020-October 30, 2020 Final Preparation October 31,2020-November 15, 2020 Task 2.7: Study Approach Summary September 1,2020-September 30,2020 COASTAL UPDATE Task 3.1: Review Current Plan, Existing Studies, and Adaptation Policies ( October 1,2020-October 30, 2020 Task 3.2: Conduct a Public Outreach Process ; November 2, 2020-January 22,2021 Task 3.3: Develop SLR-Related Options and Policies -]-November 2, 2020-January 22,2021 Task 3.4: Prepare Coastal Resiliency Plan Draft Preparation _ November 2, 2020-January 22,2021 Screencheck Review January 25,2021 -January 29, 2021 Public Review Draft Preparation February 1, 2021 -February 15,2021 Public ReviewlCCC Review February 15,2021 -March 17,2021 ------- -- --------------- ----- Final Preparation March 17,2021 -April 16, 2021 Task 3.5: Establish a Monitoring Program January 4, 2021 -February 15, 2021 I N T E R N ATI 0N AL 14 PROPOSAL tan Beach corlip Local Coasta[ Program Update COASTAL ELEMENT UPDATE Task 4.1: Draft Coastal Element Update Draft Preparation February 1, 2021 -July 5,2021 Screencheck Review July 5, 2021 -July 19, 2021 - Public Review Draft Preparation July 19, 2021 -July 30,2021 Public Review/CCC Review July 30, 2021 -August 30,2021 Task 4.2: Prioritize Implementation Elements for Implementation Program April 1, 2021 -July 1, 2021 Task 4.3: Final Coastal Element Update August 30, 2021 -September 30,2021 Task 4.4: Planning Commission Recommendation/City Council Adoption November 15,2021 -February 7,2022 Task 5.1; Floodplain Ordinance Update April 1, 2021 -May 31,2021 Draft Preparation - Screencheck Review May 31, 2021 -June 4,2021 Public Review Draft Preparation June 4, 2021 -June 18, 2021 --------------- - ---- Public Review/CCC Review June 18, 2021 -July 19,2021 Task 5.2: Public Outreach and Information Process May 3, 2021 -June 18,2021 ---------- -- -- Task 5.3: Final Floodplain Ordinance Update June 21,2021 -August 30,2021 Task 5* Planning Commission Recommendation/City Council Adoption I December 20, 2021 -February 7, 2022 The proposed schedule is based on adherence to the identified review times. Michael Baker makes no representation as to the sufficiency of the review times, but they are intended to be an estimate of time needed for City and Coastal Staff reviews. Should review times change, said changes may result in adjustments to the overall project schedule in order for Michael Baker and its subconsultants to respond. I N TE P N AT I O N AL 15 PROPOSAL Huntington Beach Compreh&IMV A LoW Coastal Program Update D. Stcz'li i:r_q Michael Baker is the lead firm for this work program and will provide services from our Santa Ana office. The project organization chart is as follows: Richard Beck,PWS;CEP, CPESC,CERP- �PROJOCT MANAGER: Chri stopher Johnson YJ L R Noelle Steele* Russell Boudreau,PE Ryan Phaneuf Alisha Malik Christopher Webb' Faye Stroud Alicia Gonzalez Aaron Holloway,PE*' Timothy Tidwell JakeThickman*' Tracey Ra szewski Scott Jenkins,PhD* *Key Staff-Resumes are provided on the following pages Subconsultanf-Moffatt&Nichol ... Name,Project Role I Years of Experience Degrees Alisha Malik, SITES AP,Community Engagement 15 , Tracey Raszewski,Senior Project Manager 120 B.S., 2012, Chemistry, Santa Clara University B.S. 2005, Business Management, University of Phoenix Alicia Gonzalez, Community Engagement 16 + Ryan Phaneuf, GIS 13 B.S., 2014 Biological Science, CSU San Marcos B.S. 2016, Environmental Sciences, Biola University Timothy Tidwell,Coastal Planner 15 i Faye Stroud, Graphic Designer 137 M.S., 2012 Geography, GIS and Remote Sensing, SDSU A.A., 1983, Commercial Art/Advertising Design, Colorado L B.A.,2007, Geography, SDSU Institute of Art Russell Boudreau, P.E., Principal Coastal Engineer 140 Christopher Webb, Supervisory Coastal Scientist 126 M.E., 1980, Ocean Engineering, UC Berkeley M.A., 1989, Geography, SDSU B.A., 1978,Applied Mechanics, UC San Diego B.A., 1986, Physical Geography, SDSU INTERNATIONAL 16 k' PROPOSAL �IT A Huntington Beach Compreh&lVi 4- Local Coastal Program Update 11 L � ` D. Sitafllng Mr. Beck has extensive experience in the regulatory and environmental disciplines. He Years of Experience: 20 successfully leads federal, state, local, and private-sector clients through the Clean Degrees: Water Act, California Porter-Cologne Act, California Fish and Game Code, Endangered Species Act, and the California Coastal Act. Mr. Beck effectively drafts and negotiates B.A.,2000, Environmental state and federal regulatory applications for all types of projects. Overall, Mr. Beck's Studies, University of years of significant regulatory coordination has led to trusted relationships with California, Santa Cruz regulatory staff at all levels. Certificate,2010, Ecological Restoration, Saddleback Mr. Beck also focuses on shoreline protection and alternatives analyses statewide. Mr. College, CA Beck is currently providing professional coastal services for the Broad Beach Nourishment and Dune Restoration Project (Malibu, CA) and is actively working on the Sea Level Rise Vulnerability Assessments and Local Coastal Program Amendments for the cities of Seal Beach and Carlsbad. In 2017 he drafted a SLR Policy Memorandum for the California Department of Transportation (Caltrans),which outlined SLR planning measures and action items for transportation facilities within the Coastal Zone. PROJECT EXPERIENCE • SLR Analysis, LCP, and Zoning Ordinance Update,City of Carlsbad,CA. City of Carlsbad. Project Manager. • Local Coastal Program, Seal Beach, CA. City of Seal Beach, Coastal Planner • On-Call Regulatory Services (since 2003). County of Orange. Project Manager/Regulatory Specialist WPM Mr. Johnson specializes in regulatory permit processing, planning, environmental Years of Experience: 20 regulations, construction coordination/support, and project management. He has Degrees: extensive experience in the processing of Coastal Development Permits(CDP). B.A.,2000, Geography/Urban Mr. Johnson has 20 years of experience working specifically in the Coastal Zone. The and Regional Planning, types of projects he's contributed to or managed include master planned communities, California State University, hillside development, commercial development, regulatory permitting, transportation, Long Beach structural/geotechnical remediation, and natural resources. The variation of project types coupled with the involvement of numerous disciplines has given Mr. Johnson a unique skill set and perspective with regards to the Coastal Act's policies and their implementation. Mr. Johnson has prepared and managed numerous submittals to the Coastal Commission. He is intimately familiar with the Commissions mandates and operations and has successfully navigated the coastal process and provided a timely delivery of Coastal Development Permits for numerous projects. Mr. Johnson also coordinates with other state and federal agencies on a regular basis including the US Fish & Wildlife Service (USFWS), California Department of Fish & Wildlife (CDFW), Regional Water Quality Control Board (Regional Board)and the U.S. Army Corps of Engineers(Corps). PROJECT EXPERIENCE • SLR Analysis, LCP,and Zoning Ordinance Update,Carlsbad, CA. City of Carlsbad. Coastal Planner. • Local Coastal Program, Seal Beach, CA. City of Seal Beach. Project Manager. • Rancho Del Oro Flood Control Improvement Projects, Oceanside, CA. City of Oceanside. Environmental Lead I N T E RN AT 1 0 N AI 17 PROPOSAL � � a Huntington Beach Compreh " IT A Local Coastal Program Update D. staffing `�Ili Stedel Coastal Planner Ms. Steele provides professional coastal planning, hazard mitigation, and emergency Years of Experience:6 action/emergency response services for clients across the southern California region. Degrees: Her experience includes LCPs and LCP Amendments incompliance with California E.M.U.P., (Candidate), Urban Coastal Commission regulations, with specialized experience in sea level rise planning, Planning, University of policy, and implementation. In addition, she has also processed Coastal Development Southern California Permits on behalf of public and private clients. Her unique combination of experience as a policy planner and project applicant enhances the LCP development process, B.A., 2014, Environmental ensuring varied interests are equitably balanced. Outside of coastal hazards, Ms. Steele Studies, University of also prepares and certifies hazard mitigation plans and emergency action plans in California, Santa Barbara compliance with Cal OES and FEMA guidelines. To complement her technical skillset, Ms. Steele is also experienced in developing hazard-focused and resiliency-based community engagement programs. She is IAP2 Foundations trained and is skilled in facilitating meaningful conversations to generate input throughout the planning process. She is also active in several professional organizations including Urban Land Institute (ULI) and NAIOP, demonstrating her professional commitment to building and maintaining resilient communities. PROJECT EXPERIENCE • SLR Analysis, LCP, and Zoning Ordinance Update, Carlsbad,CA. City of Carlsbad. Coastal Planner. • Local Coastal Program, Seal Beach, CA. City of Seal Beach. Coastal Planner and Community Outreach Facilitator • Advisor Dr. Jenkins has 30+ years of experience in coastal engineering and coastal processes Years of Experience:37 numerical modeling. He has published 73 scientific papers and authored another 75 Degrees: technical reports on a broad range of problems in coastal processes, including estuarine Ph.D., 1980, Oceanography, and littoral sediment transport, wave climate and sea level rise impacts on run-up, University of San Diego beach erosion and shoreline evolution, wave forces on structures, scour and burial of B.S., 1972, Chemistry,Yale structures on the beach and seafloor, and hydrodynamic modeling of wetland University restoration scenarios, dispersion and dilution of point and non-point source pollution, wastewater, thermal effluent and/or brine discharged from engineered outfalls. Dr. Jenkins performed a hydrodynamic design study for Caltrans District 11, developing innovative new bridge waterway designs for the proposed Interstate 5 North Coast Corridor Project that enhanced tidal circulation in the wetlands crossed by the 1-5 bridges while minimizing the potential for local scour under those bridges. He provided tidal hydraulic and coastal process analysis for the Southern California Edison restoration project of the San Dieguito Lagoon that achieved habitat creation goals without adverse scour impacts on the 1-5 and Highway 101 bridges or erosion impacts to the Del Mar beaches. He recently developed and published a Coastal Evolution Model that is consistent with algorithms in the U.S. Army Corps of Engineers Coastal Engineering Manual, but provides 3-dimensional predictive and mapping capability of the wave run-up field, beach erosion and shoreline recession under the effects of wave climate variability and SLR. PROJECT EXPERIENCE • Huntington Beach Desalination Project, Huntington Beach, CA. Poseidon Resources. Scientist. • Coastal Project Design Storm Guidance and Wave Runup Analysis,Various, CA. Caltrans. Scientist • Ocean Boulevard Imperial Beach ALTA. Imperial Beach, CA.Henderson Hospitality Group, LLC. Scientist -1 N T E RNAT10NAt 18 PROPOSAL - Huntington death Comprel���IT A Local Coastal Program Update } Mr. Holloway brings 15 years of experience in coastal and water resources engineering Years of Experience: 15 with a focus on coastal, riverine, and civil infrastructure projects. This experience has Degrees: included vulnerability assessments and resiliency planning ranging from project level to M.S., 2008, Civil Engineering, regional scale studies to help clients understand and plan for impacts from rising sea California State University, levels, This experience has included design and modeling of beach nourishment Long Beach projects, shore protection infrastructure, environmental restorations, and sand retention B S.,2004, Civil Engineering, structures. Having led coastal projects from initial planning through permitting, design California State University, and construction he is uniquely qualified to perform vulnerability assessments and Long Beach develop adaptation strategies in response to current and future coastal hazards. PROJECT EXPERIENCE • General Plan Update, Huntington Beach, CA. City of Huntington Beach. Senior Engineer. • Bluff Erosion Study, Huntington Beach,CA. City of Huntington Beach. Senior Engineer. • Desalination Project SLR Analysis, Huntington Beach, CA. City of Huntington Beach. Project Manager • SLR Vulnerability Assessment and Adaptation Plan, Seal Beach, CA. City of Seal Beach. Project Manager • SLR Vulnerability Assessment and Adaptation Plan, Pismo Beach,CA. City of Pismo Beach. Project Manager cm Wo= I Mr. Thickman has worked across several coastal science fields to address issues Years of Experience:4 related to coastal community hazard resilience, coastal ecosystem health, and water Degrees: quality. Through these diverse projects, Mr. Thickman has developed broad expertise M.S., 2016, Marine and related to coastal hazards and ecology, risk communication, and coastal/environmental Atmospheric Sciences, Stony planning. Brook University, New York As a coastal scientist for M&N, Mr. Thickman now applies these skills to resilience M.A., 2013, Marine challenges in coastal zones, providing support in the areas of coastal hazards analysis, Conservation and Policy, hazard mitigation, and adaptation strategy development for at-risk communities. Stony Brook University, New York PROJECT EXPERIENCE B.S., 2012, Environmental • SLR Vulnerability Assessment, Seal Beach, CA. City of Seal Beach. Coastal Science, University of Florida Scientist. • Newport Bay AB691 SLR Assessment, Newport Beach, CA. City of Newport Beach, Coastal Scientist. • SLR Vulnerability Assessment, Avalon, CA. City of Avalon. Coastal Scientist • SLR Vulnerability Assessment, Dana Point, CA. City of Dana Point. Coastal Scientist I NT EA N•T 10 N AL 19 PROPOSAL .y Huntington Beach CompreEt f Local Coastal Program Update E. Qua fflcadans - ConsuEtant; FErrat 51 Fall MOM IN.R�l Founded in 1940 and celebrating 80 years of supporting our local communities, Michael Baker is a leader in environmental, planning, engineering, consulting, and technical/professional services with a local focus and global expertise. Michael Baker has a staff of more than 3,000 professionals with in-house expertise in disciplines that include Environmental Analysis, Planning, GIS Services, Surveying, Aerial Photogrammetry, Mapping, Real Estate Assessments, Transportation/Traffic Engineering, Civil Engineering (including Grading, Public Works, Water/Wastewater, Hydrology), Mechanical/Electrical/Energy Services, CADD, and Media Services. Michael Baker has provided coastal planning, impact analysis and permitting since the 1970's. Michael Baker has a rich heritage and continued growth and expansion since inception. Our company possesses the highest level of expertise and provides project teams of highly qualified professionals to undertake a diverse range of projects, with solutions focused on sustaining the future. The following practices and services are relevant to the City's project. Michael Baker Related Practices and Services Resiliency Planning !Environmental Planning Community Planning • Climate Action Plans 1. Biological Services • Comprehensive Plans/General • Climate Change Adaptation Plans j• Biological Resource Modeling Plans • Disaster.Planning `• CEQA • Design Guidelines . Evacuation Plans • Community Impact Assessment • Development Codes • GHG Inventories/Forecasts • Local & Regional Regulatory Plans& • Healthy&Sustainable Communities • Hazard Mitigation Planning Permits • Land Use Plans • Safety/Hazards Planning j• Mitigation Monitoring • Policy Planning • Sea Level Rise Analysis • NEPA • Special District Formation • Social Vulnerability Assessments • Natural Resource Planning • Zoning Ordinances • Stream Restoration Stormwater Military&Federal Planning I Public Engagement • Erosion Control • Sustainability Assessment • Advisory Committees • Flood Management Engineering • Environmental Assessments j. Meeting Facilitation . Regional Flood Protection Systems • Emergency Management Public Education • Hydrologic/Hydraulic Modeling • Evacuation Planning • Social Media Strategy& • Regional Frequency Analysis Implementation • Ecosystem Restoration/Wetlands (• Stakeholder Interviews Permitting • Workshops Websites Michael Baker is focused on building more resilient communities, ones that are capable of responding effectively in any natural emergency situation. We have assisted cities, counties, regions, and states across the nation to prepare their hazard mitigation plans, emergency operations, evacuation and shelter plans, along with other sustainability and resiliency services, including coastal planning. We use a comprehensive set of face-to-face techniques and online tools and techniques to engage, educate and collaborate with local communities and stakeholders. Our goal is to build community capacity and to enhance decision- making through thoughtful facilitation, innovative technologies, creative events and activities, and with meaningful dialogue so that clients and communities benefit. INTERNATIONAL 20 _ PROPOSAL ITA �' i .,:,.} _- �. tom, Huntington Beach Comp�reh&Ntl Local Cioastal Prsg-ram Update � 1 E. Qtr€aUfacat'llone, - 'SoubConsuitant M&N was founded in Long Beach, California, in 1945 to provide design engineering services to the evolving U.S. maritime industry. This basis led M&N to be one of the first engineering firms in the world to embrace the concept of modern coastal engineering, Today, M&N's 38 offices and more than 800 employees worldwide includes the largest collection of coastal engineers of any consulting firm in the United States, Our elite, influential staff of scientists, planners, and engineers are recognized for solving global issues related to coastal, estuarine, and riverine systems. Building upon M&N's reputation for excellence in coastal engineering, our coastal resiliency specialists weave unique experience developed through more than 4,000 waterfront projects with innovative approaches for an uncertain future. M&N experts have assessed hazards, developed adaptation plans, and designed solutions in key coastal areas of the United States already suffering intense, high profile climate-related impacts like Miami, New York City, Norfolk, North Carolina, and Louisiana. More than half a century of designing coastal flood protection projects has prepared our staff with exceptional expertise on how current and predicted SLR hazards vary significantly across regions and stretches of coastline. Our Southern California SLR team applies unparalleled familiarity with complex, situational coastal processes and development patterns to efficiently deliver world-class solutions for local and regional SLR resilience. REGIONAL SLR EXPERIENCE: Our team has been at the o Bay Mono Bay G%LCP,Morr forefront of addressing the Pismo Beach SLR VA,Pismo Beach tt i �V Garden Street Hotel SLR VA,Santa Barbara challenges and uncertainties McGrath State Beach SLRStudyVentura(A o Venice f climate change and Belmont Beach S Aquatics Center SLA Evaluation,Long Beach c ,. increased coastal hazards Seal Beach LCP,Seal Beach SLR Consulting Services,long Beach due to SLR. In the last five Hellman Ranch Gas Plant SLR VA.Seal Beach years, our team has worked Huntington Beach OmlSLRVA,Hunfingtonikach 4 1 Huntington Beach SLR Assessment,Huntington Beach ,. on 29 studies throughout Newport Beach SLR VA,Newport Beach Southern California to inform BanningRanchSLlyofAv lonLCPwport eacho f GtyotAvalonLCP,Avalon long-term planning efforts, Newport Bay SLR VA,Newport Beach R Doheny State Beach HMP,Dana Point i such as LCP updates and Dana Point SLR VAlLCP,Dana Poll ni General Plan updates. M&N Dana Point Harbor SLR VA,Dana Point p San Gemenie SLR VA,San Clemente has developed city-wide SLR SGLEOFWORKKEY: San Onofre State Beach HMP,San Onotre Carlsbad SLR VA,Carlsbad vulnerability studies andMEMMIM Coast Hwy 101 Pump StatlonSLRVA Endnitas adaptation plans for several ABBREVIATION KEY: Los Angeles-San Diego-San Luis Obispo Rail SLA Study,SanDiego P P EIR:Environmental Impact Report De Ann SLA Study,San Diego cities in California, including GP:General Plan Mission Bay Program Elk SIR Evaluation,San Diego Huntington Beach Seal HMP:Hazard Management Plan San Diego Association of Governments Regional SLR Study,San Diego g LCP:Local Coastal Program San Diego Association of Governments SLR Adaptation Plan,San Diego Beach, Avalon, Morro Bay, SIR:Sea Levellbse Strategic Environmental ResiDev Program SLR Assessment,San Diego VA:VulnerabihtyAssessment Coronado Yacht Cub SLR Study,Coronado Dana Point and San Clemente. All of these cities have similar pressures defined by their unique legacies, engaged communities that live on the coast with an active commerce dependent on tourism. M&N's extensive portfolio of sea level rise experience in Southern California is highlighted on the map below. INTERNATIONAL 21 ' PROPOSAL \ Huntington Beach Ccmpre[A4t c @T A Lacd Coastal Program- Update � '• . '• • � a ./✓ice � - .�' .'.. ,� ,:*;..,dye r "faf�" .. �•r...s—�.--.wa Y.r—�TTr-�—"""_.. _ .�..., _ ......�...- .�.- _....-..........rr�.....—..—_4w.-..•....w.-....—..u�.ia.---^_. __.....�_1.�..��__.�....G.._.tr_�—�. — Michael Baker is assisting the City of Seal Beach in certifying the first Local Coastal Team Members/Role Program (LCP)for the City's coastal zone, generally defined as jurisdiction south of . Richard Beck/Coastal Planner Westminster Boulevard. Michael Baker documented baseline conditions for . Christopher Johnson/Project environmentally sensitive habitat areas, existing land uses, low cost visitor serving Manager accommodations, and beach access/public use. The planning process incorporated . Noelle Steele/Coastal Planner a high level of community engagement, including more than ten stakeholder . Timothy Tidwell/Coastal interviews (with community groups, public agencies and local businesses), two Planner public workshops and one pop-up booth at the annual Seal Beach Car Show, to project Dates educate the public and solicit public input. M&N performed four sea level rise modeling scenarios as part of the vulnerability assessment, used to inform the • Start: September 2016 proposed policy framework. Specific adaptation measures were developed in • End: On-going response to identified hazards within Old Town/Main Street neighborhood, inland Reference neighborhoods, and the Surfside community. Outside of the sea level rise City of Seal Beach vulnerability analysis and adaption measures, Michael Baker developed LCP Land Steve Fowler, Senior Planner Use Plan (LUP) policies focused on low-cost visitor serving accommodations, (562)431-2527 x1316 ESHA, water quality, public access and more, in accordance with the Coastal sfowler@sealbeachca.gov Commission guidance. Michael Baker assisted the City in preparing a grant application for the second phase of LCP preparation, including the Implementation ' Program preparation, additional community outreach, and LCP finalization and certification. - General Plan and Local Coastal Program Update Carlsbad, CA Michael Baker is assisting the City of Carlsbad in amending the existing LCP to be Team Members/Role consistent with Coastal Commission guidance on sea level rise and conducting a . Richard Beck/Project Manager major update to the Zoning Ordinance, Michael Baker conducted extensive • Christopher Johnson/Coastal background research and best-practices recommendations for policy revisions Planner relating to sea level rise. Additionally, low-cost visitor serving uses and . Noelle Steele/Coastal Planner accommodations policies were updated. M&N produced a coastline vulnerability Project Dates study for the City that identifies coastal areas susceptible to damage from SLR. The report projects potential coastal hazards over two timeframes (2050 and 2100) and Start: October 2015 identifies the vulnerability/risks of these hazards to various city assets. Adaptation End: On-going measures were presented to improve the resiliency of vulnerable assets. Reference Additionally, Michael Baker is responsible for preparing the first comprehensive City of Carlsbad revision of the Zoning Ordinance since the original adoption in the 1950s. The Jennifer Jesser, Senior Planner Zoning Ordinance will implement the 2015 General Plan Update and the Local (760)602-4637 Coastal Program Amendments, and involves a full code reorganization with best jennifer.jesser@carlsbadca.gov practices. Sections were streamlined and consolidated to remove redundant provisions, and included a new/amended definitions section including graphics, to t. . ensure the code is user friendly and easy to navigate. I LATER NATI 0 N AI 22 PROPOSAL 4 Huntington Beach Campreh&&J �IT A r� ri Local Coastal P'ragram Update pJI _ ► ' Michael Baker designed, built, and operated a test desalination facility at Camp Team Members Pendleton along the Pacific Ocean. The results of the test facility could help the • Richard Beck/Project Manager authority decide if building a full-scale desalination facility at the base is feasible. • Chris Johnson/Environmental The county faced a major test as it worked to meet its long-term water needs Planner during a prolonged drought, and desalination of ocean water was a potential • Noelle Steele/Environmental solution. Michael Baker designed the new test facility to analyze the merits of two Planner different ocean water intake approaches over a one-year period: one that gathered Project Dates water using a screen near the bottom of the ocean, and another that collected • Start: November 2015 water below the seafloor. The results of the tests helped identify the most feasible, • End: October 2018 cost-effective, and environmentally sensitive way to implement a desalination intake at the base that was consistent with new state regulations. Reference For the project, Michael Baker provided environmental permitting, design, San Diego Co. Water Authority construction, operation, and collection and analysis of data during the testing Jeremy Crutchfield period. After the completion of the test, Michael Baker prepared a report with a Project Manager projected cost analysis for operation of a full-scale plant and the decommission 858 522-6834 and removal of the pilot facility. jrutchfield@sdcwa.org • • • ' • j > ' .. i-3f. �t, �"� - ice: .fir - "� h°- ..'• �� ��] ' x� � "fit r'j;,€''i6 '}i ��e}'� ,7•�,7.1 �� .���k„��,'t�':�.;z: <y�. �a ,.' -! Coastal Design Storm Guidelines and Wave Runup Analysis Statewide, CA X X SLR Assessment I Monterey, CA X X Ocean Desal Coastal Hazards Analysis I Doheny State Beach, CA X X General Plan and Local Coastal Plan Update I Morro Bay, CA X X X General Plan Update I Huntington Beach, CA X X X Bayfront SLR I Chula Vista, CA X X Housing Project Coastal Hazards Analysis I Richmond,CA X X General Plan Update EIR and Climate Change Section I San Mateo, CA X X X Local Coastal Plan Additional Services I Seaside, CA X X General Plan Update and Community Outreach I Hermosa Beach, CA X X X General Plan Update and Program EIR I Huntington Beach, CA X X X General Plan Update and Program EIR I Corte Madera, CA X X X I NTl RNA TI 0 N AI 23 PROPOSAL - . _ _ I T A -µ - Huntington Beach, Comp ear i�� Local Coastal Pvogram Update t E. Qua.,C*MtearL-ens - epirresentative Projects I.- ;p The potential impacts of SLR and climate change on low-lying infrastructure and Team Members/Role development have been key factors to consider as the City of Huntington Beach . Russell Boudreau/Engineer moves forward with updating its comprehensive general plan. Working with the city's . Christopher Webb/Scientist planning consultant, M&N performed an SLR vulnerability assessment to identify . Aaron Holloway/Engineer infrastructure, development and coastal resources at risk of flooding through 2100. Project Dates With about six miles of exposed coastline and portions of the city lying at elevations of less than 10 feet above mean sea level, the city's flood risk will increase significantly if • Start: October 2013 SLR as projected. In addition to critical public infrastructures, such as public utilities • End: October 2017 and highways, there are also high value private developments, businesses, and Reference residences at risk of impacts due to coastal and riverine flood hazards influenced by City of Huntington Beach SLR. Jennifer Villasensor Several SLR scenarios were modeled in conjunction with other coastal flooding Project Manager factors such as storm waves and upland flooding from significant rainfall events. Two- (714)374-1661 dimensional hydrodynamic modeling using RMA-2 was performed to evaluate the jvillasenor@surfcity-hb.org impacts of SLR on riverine flooding in the Bolsa Channel, East Garden Grove r< �%_ ' . Wintersburg Channel, the Fountain Valley Channel and the Huntington Beach .' J �. T Channel. Model results were used to map flood hazard zones for each scenario along with a geo-referenced inventory of affected infrastructure.The SLR study provides the City with guidance toward developing adaptive management policies for protecting =:> - . � . , � M&N completed a SLR vulnerability assessment for the City of Avalon to inform a Team Members/Role targeted amendment of their LCP to address coastal hazards associated with SLR. • Russell Boudreau/Engineer The objective of the study was to identify potential impacts to coastal resources, both • Aaron HollowaylScientist natural and developed, under a range of SLR scenarios and evaluate a variety of • Jake Thickman/Scientist adaptation strategies that could reduce these impacts. The study was funded in part Project Dates by a California Coastal Commission grant (LCP 17-07) and included community outreach workshops to share information and gather feedback from the community on • Start: May 2018 important resources along the Avalon coast. • End: December 2019 The City is faced with unique wave hazards that were not captured in regional Reference modeling efforts such as CoSMoS. M&N performed 2-dimensional wave modeling for City of Avalon locally important storm events and an empirical analysis of wave runup and Amanda Cook overtopping to identify potential hazard exposure zones for a range of SLR scenarios. Project Director The vulnerability assessment identified potential impacts on important resources such (310)510-0220 as the beach access and recreation zones along Avalon Harbor, storm impacts at acook@cityofavalon.org Cabrillo Mole and overwater structures. A variety of adaptation strategies could be applied to mitigate these impacts including elements of protection, accommodation and managed retreat. The report included an overview of these potential adaptation strategies and identified several planning objectives to form the basis for policy = development in a future update of the LCP. I NTEN NATIONAL 24 t�M � J F M r N N N d3 fH 64 EH �-64 6R b9 64�- tR EH 69 64 b4 64 V3 VffT N h N U O Q (+A 64 IA b9 J 6A 69 f� G3 H i}t Q m LL W m .. N O to tp tO aT N C7 M W fU V O N m t0 �O V' �O [D O Op N O O z:) �— NO M QJ N U uj rn C �`f w a U cci C C) o U U m F rn E < L LL � IDti m I � 1.1 O 'x W O !Q N L N C�3 N N .-tR c9 O C m O m �av)U 3 Q E U N O L C fp U d ID O O N � M N yn di U � fl O_ N —� O G 9 ,{ N m d of W - Y � E m - m E m J E m' c LLI O m N Q U W m _ I = _ U_ Y x W m C N V V O V O O 7 0 0 0 0 O N O U d L N j C m p m ¢ L G N d M N a. d m IQ � O E O c w m E E L ¢ p _ CJ I � p d N N m m cr a m I o O o 0 0 V c c c ID c a 0 o N W y w y E r m m o o t I Q 0 ¢ 2 rn E E 7 0 7 d - [n Eo R a d 'N m F co co c Z1 y Z �° 6 c i U E w y U N E S U U n W m U w e m m m U— (n o w a`ni o 3 I V m m ¢ d y y d V N c _ w c m a m m m H Q zD 0 m Z in o u m E t- E a o a E u� o ami 2' c a`> c_ d Q c d m 6 R aEi E w O is � E o Q E m ow o m a_ L o o � awa - E N a C O oQ, ? " Na —. > � c�iw d p0 acia � � coz) � Q m m � ' C1 2 Yi —> o S 0 0 0 E Z m = m a �' .ai Z c �° c c ? c c c m m a O C wU n .m w 0 d c W m c m omaav o L H m E Z `L c aU _ n_ o � E a� E _ � O mO in amp a� C 'N fn p o Q c U d a� "O O m _ l9 U L fn ... �p C W E E C L C E C ¢ c u w o o o J W m W Z .m u � � 7 27 C7 a s i [n a o �' L m cG W is yo o aa a`mi o m.`c cmi o = f1I H W 07 W C O c d d' J Oci s C j U m J m E � U J o o U W m U m Z W U c W O m C U (n U Q (--- U y C (.!) O d F O 0 C O U O C LL J m �n 3 E � � c .- � U - U 0 � c� LL > a m a c m �° s -_ c c t m m L O •-� 'o Q Y �a c a c a Q "S c E m Q o m c 0 m c U Y c> m m c W m oA o o 0 m o o >m �' O fII c m m c m Z c c c EL =U m U cL O z U CID U K U '00 0 W U 0 d f dCL 0 d ii d CW7 m 1 m E EY Y N N N N N N N Y M M 'C > E M M M Y C V 'cf Y �n N y Y N N N N N N < tYn N O > U Y Y Y N Y Y N N y N N Y Y Z Q co m Q m �a m m m m m Q m m m m m Q m m m Q m m m m 0 m o PROPOSAL -t[BI Kuntington Beach Campreh&IN_ T A Lc,cal Coastal Prcgvam Update i it Deliverables Deadline Task 1: Project Launch May 5,2020—November 15,2020 Project kick-off meeting notes One Week After Scheduled Kick-Off Meeting Date Executed consultant contract May 4, 2020 Invoice packages and quarterly reports Monthly Task 2:Sea Level Rise Vulnerability Assessment Update May 5,2020—November 15,2020 Conditions Assessment and Memo July 15,2020 Draft SLR Vulnerability Assessment September 30,2020 Final SLR Vulnerability Assessment November 15,2020 Task 3:Coastal Resiliency Plan Update April 1,2021—July 1,2021 Public Outreach Presentation and Summary January 29, 2021 Monitoring Program Summary February 26, 2021 Draft Coastal Resiliency Plan Update February 26,2021 Final Coastal Resiliency Plan Update April 16,2021 Task 4:Coastal Element Update J February 1,2021 —February 7,2022 Draft Coastal Element Update July 30,2021 ---------------- Priority Report and Potential Funding Sources July 30,2021 Final Coastal Element Update September 3, 2021 Submittal of locally-adopted Coastal Element Update February 7,2022 Task 5:Floodplain Ordinance Update April 1,2021 —February 7,2-022—----- Draft Floodplain Ordinance Update June 18,2021 Public Outreach Slideshow Presentation and Meeting Notes June 18,2021 Final Floodplain Ordinance Update August 30, 2021 Slideshow Presentation and Meeting Note,s_.____ February 7, 2022 RMT. ,M INTERNATIONAL 26 j PROPOSAL EXHIBIT B t Huntington Beach Comprehensive Local Coastal Program Update F. Fee Proposal MICHAEL BAKER MOFFATT&NICHOL TASK Project Senior Coastal Community GIS' Graphic Project or Coastal Coastal STAFF TOTAL Principal Manager Planner Planner Engagement Specialist Designer Seni Admin. Principal Manager Scientist Scientist HOURS COST $220 $195 $162 $120 135 $105 $156 $85 $266 $207 $222 $129 TASK 1•PROJECT LAUNCH Task 1.1&1.3:Consultant Kick-off Meeting and Staff Coordination 4 4 8 1 2 2 2 22 $3 824 Task 1.4:Invoicing&Quarterly Reporting 2' 4 16 8 30 $4 796 TASK 2•SEA LEVEL RISE VULNERABILITY ASSESSMENT UPDATE Task 2.1:Background Data Collection Update 2 4 2 8 4 16 36 $6 010 Task 2.2:Coastal Conditions Assessment 2 4 2 10 4 24 46 $7 456 Task 2.3:Planning Inventory Update 2 24 2 12 4 32 76 $11 302 Task 2.4:Outreach Prior to Modeling 2 8 24 2 16 6 16 74 $12,120 Task 2.5:Model SLR Scenarios 2 8 2 16 4 40 72 $11 242 Task 2.6:Conduct Updated SLR VulnerabilityAssessment 2 5 16 2 16 4 48 93 $14 259 Task 2.7:Stud Approach Summary1 2 2 8 4 16 33 $5 575 TASK 3•COASTAL RESILIENCY PLAN UPDATE Task 3.1:Review Current Plan,ExistingStudies and Adaptation Policies 2 8 30 2 8 8 58 $8 820 Task 3.2:Conduct a Public Outreach Process Online CommunitySurvey2 24 26 $3 270 Web Content/Soclal Media 2 2 30 10 44 $5 990 Community Workshop and Pop-Up Activities 2 6 40 12 30 2 16 4 16 126 19,066 Task 3.3:Develop SLR-Related Options and Policies 2 6 24 2 12 4 32 82 $12 522 Task 3.4:Prepare Coastal Resiliency Plan 6 1 60 20 4 16 8 24 138 $19 718 Task 3.5:Establish a Monitoring Program 2 6 2 4 4 8 26 $4 390 TASK 4•COASTAL ELEMENT UPDATE Task 4.1:Draft Coastal Element Update 1 4 40 40 1 85 $10 000 Task 4.2:Prioritize Implementation Elements for Implementation Program 4 20 24 $3180 Task 4.3:Final Coastal Element Update 4 30 21 55 $6,586 Task 4.4:Planning Commission Recommendation and City Council Adoption 4 24 8 8 44 $6 348 ASK 5•FLOODPLAIN ORDINANCE UPDATE Task 5.1:Draft Flood lain Ordinance Update 2 4 40 46 $6 020 Task 5.2:Public Outreach and Information Process 12 10 8 30 $4 038 Task 5.3:Final Flood lain Ordinance Update 2 16 18 $2 310 Task 5.4:Planning Commission Recommendation and City Council Adoption 2 6 24 1 1 5 5 1 42 $6,170 CONTINGENCY FEE $40 000 Michael Baker Moffatt&Nichol Principal—Rlchard Beck GIS Specialist-Ryan Phanuef Principal—Russell Boudreau. SUBTOTAL $235,011 Project Manager—Christopher Johnson Community Engagement Staff—Alicia Gonzalez& Anisha Malik,(Blended Rate) Senior Coastal Scientist—Christopher Webb ooC•. $4,989 Senior Planner—Tracey Raszewski(Assistant PM Support) Graphic Designer—Faye Stroud Coastal Scientist—Jake Thickman TOTAL $240,000 Coastal Planners—Noelle Steele&Timothy Tidwell Admin.—Diane O'Dell 'Reimbursable budget—includes mileage,copies,products related to community outreach events (e.g.snacks for public at community workshops,large display boards, 5 Hutton Centre,Suite 500 l Santa Ana,CA 92707 1 N T E A N A i10 N A L 25 Office:(949)472.3505 1 Fax:(949)742-8373 ATTACHMENT #3 _ AU A CERTIFICATE OF LIABILITY INSURANCE DATEtMMi2019771� OB/30/201s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS = CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES w BELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED v REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL IN provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT N AOn Risk services Central, Inc. NAME: HO Pittsburgh PA office (PAIC.N£No.Fxf): (866) 283-7122 No ; (800) 363-0105 v EQT Plaza suiteite2700 E4YWL a 625 Liberty Avenue ADDR£ss: p Pittsburgh PA 15222-3110 USA Z INSURERS)AFFORDING COVERAGE NAiG# INSURED INSURERA: XL Insurance America Inc 24554 Michael Baker International, Inc S Hutton Centre Drive INSURER B: Continental Casualty Company 20443 Suite 500 INSURER O: American Casualty Co. of Reading PA 20443 Santa Ana CA 92707 USA INSURER D: Transportation Insurance Co. 20494 INSURER E: Beazley Insurance Company, Inc. 37540 INSURER FI COVERAGES CERTIFICATE NUMBER: 570078094172 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R D s BR Limits shown are as requested LTR TYPEOFINSURANCE INSD WVO POL[CYNUMBER fQp OLIC LIMITS B X COMMERCIAL GENERAL LIABILITY 1 08/30/2020 General LiabilityEACH OCCURRENCE $2,000,000 CLAIMS-MADEOCCUR AtJPG $1OO O PREMISES Ea occunence , 00 MED EXP(Any one person) $10,000 PERSONAL&ADVINJURY $2,000,000 ti GENIAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE $4,000,000 POLICY X�JE Q ❑X LOC PRODUCTS-COMPIOPAGG $4,000,000 co B 0 AUTOMOBILE LIABILITY BUA 6078988680 08/30/2019 08/30/2020 COMBINED SINGLE LIMIT Commercial auto - AOS (Ea accident) $2,000,000 X ANYAUTO APPROVED AS TO Pti.•, BODILY INJURY(Per person) p OWNED SCHEDULED Z AUTOS ONLY AUTOS BODILY INJURY(Per accident) 07 HIRED AUTOS NON-OWNED By: _ PROPERTYDAMAGE t"o ONLY AUTOS ONLY MICHAEL E.C (Peraccident), � A X UMBRELLALIAB X OCCUR umbre ab i '17INGTON 13 P,/30/2014 08/30/2020 EACH OCCURRENCE $10,000,000 t, EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10,000 C WC PS COUP ENSATIONAND EMPLOYERS'LIABILITY WC6078988713 08 30/2019 08 0 2020 X EMPLOY YIN ADS STATUTE ANY PROPRIETOR I O NER/EXECUTIVE OFFICERIMEMSEX EXCLUDED? N f A WC6078988727 E.L EACHACCIDENT In NH) 08/30/2019 08/30/2020 $1,000,000 (Mandatory under WIb descne under E.L.DISEASE-EA EMPLOYEE $1,000,000 Ryes, DESCRIPTION OF OPERATIONS blow E.L.DISEASE-POLICY LIMB - $11 OOO, -- E E&O-PL-Primary PSDEF1900460 08/30/2019 08/30/2020 Per Claim Professional Liab. and CP $5,000,000 Aggregate $5,000,00011111111110 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES(ACORD 101,Additlonai Remarks schedule,may be attached if more space is required) -ram RE: All operations as performed by Named Insured, The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are additional insured as respect to general Liability policy as required by written contract. GeneralyLiabilotyC$$t000, AutomobilegLiabiplies to General lity-$1,000 and ProfessionallLiab as ility-$IOQ000y written contract. Deductibles: CERTIFICATE HOLDER CANCELLATION EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCESHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE POLICY PROVISIONS. WITH THE ,+I City Of Huntington Beach AUTHORIZED REPRESENTATIVE Tustin Wessels 2000 Main Street Huntington Beach CA 92648 USA ACORD 25 2016/03 ©1988-2015 ACORD CORPORATION.All rights reserved. ( ) The ACORD name and logo are registered marks of ACORD 146 AGENCY CUSTOMER ID: 570000027699 A�® LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central, Inc. Michael Baker international, Inc POLICY NUMBER See Certificate Number: 570078094172 CARRIER NAIC CODE See certificate Number: 570078094172 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS ASCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY POLICY LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE MM/DD/YY MM/DD/Y WORKERS COMPENSATION c N/A WC6078988694 08/30/2619 08/30/2020 CA ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 147 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s) All persons or organizations with which you have entered into a written All locations as requested by a written contract or agreement entered into contract or agreement,prior to an'occurrence"or offense,to provide prior to an'occurrence"or offense. additional insured status Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s)designated above. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contractor agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 (04-13) Policy No: 6078988730 Page 1 of 1 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 08/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 148 -CNA CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74987XX (1-15) Policy No: 6078988730 Page 1 of 1 Endorsement No: Continental Casualty Company Effective Date: 8/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 149 CNACNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) All persons or organizations with whom you have entered into a written contract or agreement,prior to an'occurrence"or offense,to provide additional insured status. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an'occurrence"or offense Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed as follows: A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 (04-13) Policy No: 6078988730 Page 1 of 1 Endorsement No: 1 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Effective Date: 08/30/2019 Copyright Insurance Services Office, Inc., 2012 150