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COWI North America - 2021-06-01
4eAli(Mae AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND COWI NORTH AMERICA, INC. FOR ON-CALL CIVIL ENGINEERING, SURVEYING&PROFESSIONAL CONSULTING SERVICES THIS.AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,.a California municipal corporation,hereinafter referred to as "City," and COWI NORTH AMERICA, INC., hereinafter referred to as "Consultant," WHEREAS, City and Consultant are parties to that certain agreement, dated June 1, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and COWI NORTH AMERICA, INC.for On-Call Civil Engineering, Surveying& Professional Consulting Services"which agreement shall hereinafter be referred to as the "Original Agreement"; and.. City and Consultant wish to amend the Original Agreement to extend the term of the Agreement. NOW,THEREFORE, it is agreed by City and.Consultant as follows: 1: TERM The term of the Agreement is extended for one additional year until May 31, 2025. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on . 4,.' / ,2024: 1AAV st, Z 24-14384/335407 1 COWI NORTH AMERICA INC. CITY OF HUNTINGTON BEACH, a , ./Y"--- municipal corporation of the State of Caiifom j By: 1 t. '-/ /_ J K1 print name t P44 ` crk- - _ ITS: (circle one)Chairman/Presiden .ce Preside' Mayor AND ac44iii, 9A/14412444) City Clerk vi-7-‘,j * — By: ---4=d6 ��2 „ — " ` INITIATED AND APPROVED: a e S: (cio. • , e)Secretary/Ghief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS RM: Ci Attorney 24-14384/335407 2 ® DATE(MMr6D/YYYY) • 14 0RO CERTIFICATE OF LIABILITY INSURANCE 03/24/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED 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 Marsh Risk 8 Insurance Services NAME: CA License 40437153 PHONE FAX M4,Ext): T .No): 633 W.Fifth Street,Suite 1200 EMAIL Los Angeles,CA 90071 ADDRESS: Attn:LosAngeles.Cer1Request@marsh.com INSURER(S)AFFORDING COVERAGE NAIC rt CN110267539-Stnd-GAWUP-24-25 INSURER A: Fireman's Fund Insurance Company 21873 INSURED INSURER B: American Automobile Insurance Company__ 21849 COW)North America,Inc. 720 3rd Avenue,Suite 2101 INSURER C: Lexington Insurance Company 19437 Seattle,WA 98104 INSURER D: SlarNet Insurance Conwany ____._._ 40045 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-002546929-14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDIYYYY) IMMIDDIYYYYL A X COMMERCIAL GENERAL.LIABILITY USC013712240 04/01/2024 04/01/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE R SESO(EaE NTED CLAIMS-MADE X OCCUR PREMISES occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER. $ B AUTOMOBILE LIABILITY SCV009425-24-01 04101/2024 04/01/2025 iEOaE EDISINGLELIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) C X UMBRELLA LIAB X. OCCUR 080877661 04/01/2024 04/01/2025 EACH OCCURRENCE S 5,000,000 EXCESS LIAB CLAIMS.MADE AGGREGATE $ 5,000,1100 DED X RETENTION$ 10-000 D WORKERS COMPENSATION KEY0138046(USL&H is included) 04/01/2024 04/01/2025 X STATUTE EORH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y!N NrA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDEO? N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liability 02-701-50-14 03/31/2024 03/31/2025 Each Claim: 2,000,000 Aggregate: 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re:For Bidding Purposes Only The City of Huntington Beach,The Cily of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as additional insured where reguir Iiy written contract with respecl to General Liability and Automobile Liability. Umbrella Lability is follow form of primary General Lability,Aulomobile Lability arp(p)1(RterVrallig91rib11TO E0,8htipoticy r ditions and exclusion: Continue next page... By: 1✓ MICHAEL E. GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATIORITY OF HUNTINfjIUN tjEACH City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Risk Manager and City Attorney THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE Vault Red &7044144tCC $%!VlCC@ Oc 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN110267539 LOC#: Los Angeles • ACO ADDITIONAL REMARKS SCHEDULE Page . 2; of 2 AGENCY NAMED INSURED , Marsh Risk&Insurance Services COW'North America,Inc. 720 3rd Avenue,Suite 2101 POLICY NUMBER Seattle,WA 98104 • CARRIER NAIC CODE • EFFECTIVE DATE: , ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance • Maritime Employers Liability: Carrier:StarNet Insurance Company Policy Number:BOUMA-24-1983 Effective Date:0410112024 Expiration Date 0410112025 Limit of Liability Limit$1,000,000 Deductible:S5,000 The Professional Liability placement was made by Marsh Europe.Marsh USA'LC.has only acted in the role of a consultant to the client with respect to this placement,which is indicated here for your convenience.The Professional Liability policy evidenced above is subject to a high retention for various perils covered. • Other deductibles I retentions may apply as per policy terms and conditions. • Waiver of subrogation applies in favor of The City of Huntington Beach,The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers • on the General laabilty,Automobile Liability and Workers Compensation policies on a blanket basis where required by written contract and subject to policy terms and conditions. • General Liability and Automobile Liability insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. • • • • • • • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights l The ACORD name and logo are registered marks of ACORD 0101-01.00.0004541.0002-0009866 City of Huntington Beach File #: 21-395 MEETING DATE: 6/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On-Call Civil Engineering, Surveying and Professional Consulting Services with Moffatt & Nichol, Anchor QEA, LLC and COWI North America Statement of Issue: The Public Works Department requires on-call/as-needed ocean and other engineering services to support staff for design of capital improvement projects. Financial Impact: The City's adopted Fiscal Year (FY) 2020/21 and proposed FY 2021122 Capital Improvement Program (CIP) Budgets total $24.5 million and $39.3 million, respectively, for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management, and other required costs. The three (3) recommended ocean and engineering service contracts, totaling $1,150,000, will be funded within each project's individual CIP budget, as needed. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $650,000 "Professional Services Contract Between the City of Huntington Beach and Moffatt and Nichol for On-Call Civil Engineering, Surveying and Professional Consulting Services," and. B) Approve and authorize the Mayor and City Clerk to execute $250,000 "Professional Services Contract Between the City of Huntington Beach and Anchor QEA, LLC for On-Call Civil Engineering, Surveying and Professional Consulting Services." and. C) Approve and authorize the Mayor and City Clerk to execute $250,000 "Professional Services Contract Between the City of Huntington Beach and COW] for On-Call Civil Engineering, Surveying and Professional Consulting Services. City of Hurr"on Beach Pepe 1 of 3 Printed on M 2021 powe,e697,Legerr" File #: 21-395 MEETING DATE: 6/1/2021 Alternative Action(s): Do not authorize the contracts and direct staff accordingly. Budgeted capital improvement projects could be delayed until new contracts are approved. Analysis: On February 16, 2021, the City advertised a Request for Qualifications (RFQ) for On-Call Ocean Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Six (6) proposals were received for ocean and engineering services. In accordance with qualifications-based selected procurement, per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Each firm stated their engineering category of expertise with their proposal. Proposals were then evaluated and ranked by the review board. The top three (3) firms were selected in each category to increase opportunity for competitive proposals for future projects from qualified on-call consultants. The three (3) contracts recommended for approval are for support staff for ocean and design engineering of capital improvement projects. These services have historically been utilized to supplement City staff to meet annual Capital Improvement Program (CIP) goals, as an extension of staff, and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project is evaluated on a case-by-case basis to determine if these as-needed contract services are necessary. The City's CIP is approximately $24.5 million in Fiscal Year (FY) 2020/21. In addition, the proposed FY 2021/22 CIP totals $39.3 million in new projects. Typical design and construction support cost from the use of consultants on a CIP project can vary between ten to twenty percent (10-20%) of total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual consultant costs would be around $3 million to the City for total CIP projects, or approximately $9 million over the next three (3) years. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Moffatt & Nichol for On-Call Ocean and Engineering Services 2, Professional Services Contract between the City of Huntington Beach and Anchor QEA for On- Call Ocean and Engineering Services 3. Professional Services Contract between the City of Huntington Beach and COWI Group for On -Call Ocean and Engineering Services City of Huntington Beach Page 2 of 3 Printed on 6262021 pmerd>gA Legistar'- File #: 21-395 MEETING DATE: 6/1/2021 4. Professional Services Award Analysis City of Huntington Beach Page 3 of 3 Pfinted on 5l2612021 ao.rd)i4 LagistarTM PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CO\VI NORTH AMERICA. INC. FOR ON-CALL CIVIL. ENGINEERING. SURVEYING & PROFESSIONAL CONSULTING SERVICES THIS AGREE\MEN-f ("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 COW] NORTH A\,IERICA. INC. hereinafter referred to as "CONSULTANT." WHERFA& CITY desires to engage the services of a consultant to provide on-call civil engineering, surveying and professional consulting services; and Pursuant to documentation on file in the office of the City Clerk. the provisions- of the Huntington Beach \Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I . 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 Jack Gerwick. 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. 2i-97,12rz5481)e 1 of I I 3. TERM: TINlE OF PERFORiNIANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on // , 1 . 20 -,7/ (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 Exhihit "A" shall be completed no later than one year from the Commencement Date. The time for performance ol'the tasks identified in Exhibit "A" are eenerally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT il'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. C0N41)ENSATI0N 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 fce, including all costs and expenses, not to cseced Two Tlundred Fifty Thousand Dollars (S250,000.00). 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 CONSULTANF shall be paid pursuant to the terms of Exhibit 'B." 21.97121234S99 2 of' I I 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 PRO.IECT completion. whichever shall occur first. These materials may be used by CITY as it sees fit. S. HOLD H.ARNILESS 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 on- 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. H. To the extent that CONSULTANT pet fornis "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. 21-9712n54E99 of 1 1 "CONSULTANT hereby agrees to protect. defend, indemnify and hold harmless CITY and its officers; elected or appointed otTicials, 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 tiability 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 attornev's lees 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 Two Hundred Fifty "Thousand Dollars ($250.000.00) 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 21-9712rz5409 4 of t I insurance policy "deductible" of Ten Thousand Dollars (510.000.00) 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). 13. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT- completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of'at least two (2) years to report claims arising from work performed in connection with this Agrecment. 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 Agrecment. 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 f u-nish 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; 13. state that the policy is currently in force; and 21-9712Ge59899 5 of 11 C. shall promise that such police 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 Front CONSUL TANT'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 CONSUL TANT 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 anv. in connection with the PROJECT and/or the services to be performed hereunder. 12. TERM[NATION, 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 31-97121254999 6 of I I 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. ASSIGN\4ENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned. delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of*CITY. If an assignment, delegation or subcontract is approved. all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on anv 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 CONSUL fANT'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: 21-9712rz5•1999 7 of' I I TO CITY: TO CONSULTANT: City of I-funtington Beach COWL North America; Inc. ATTN: Chris Tanio AT NI: Jack Gerwick 2000 Main Street 555 12"' Street, Suite 1700 Huntington Beach. CA 92648 Oakland, CA 94607 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 21-97122i4899 8 of I I 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 in original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. HMMIGRATI0N 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 o1• an}, subcontractor work involving legal services. and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to flunimaion Bench C'iry Charier Section 309. the City Attorney is the exclusive leeal counsel fot' CITY: and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 21-9712R54399 9 of I I 24. ATfORNEY'S FEES In the event suit is brought by either party to construe. interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall ❑ot 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 contest survive the cspiration 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. SIGNA"rOR1ES 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 poxvcr is not, in fact. held by the signatory or is withdrawn. 28. EN'11RETY 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 21-97)2454899 10 of I 1 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 COWI NORTH7AERIC.Al IC. municipal co ration of the State of Calif is By: • S,. pnnl none M y orM/ (Ii1�i ITS: (circle one)Chain ce Presid nanfftsiden qw. AND City Clerk By: INITIAT A APPROV print name ITS: (circle one)Secretary/Chief Financial Ofcer/Asst. Secretary-Treasurer Director of Public Works nE-Ccx--PPROVED: City Manager APPROV D AS TO ORM: rCity Attorney COUNTERPART 21-971M54099 I I of I I 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 HUNT►NGTON BEACH, a COWI NORTH AMERICA, INC. municipal corporation of the State of California By: print name Mayor ITS: (circle one)Chairman/President/Vice President / AND City Clerk By, INITIATED AND APPROVED: 39 print name ITS: (circle one)Secretary hief Financial O}fi Asst. Director of Public Works Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney AV COUNTERPART 21-y712:'2548vy I I of I l EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an' as- needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the Citv of Huntington Beach Request for Qualifications for On Call Civil Engineering Consulting Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: I. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by City. EXHIBIT A 739 • I?,►,�4 ���J1� ' I INI 111,11i 'ffith! _ �aerrnf f tom. e. Vigil CI PY OF HUNTINGTON BEACH TABLE OF CONTENTS Please note that the unnumbered sections are outside the 15 page limit. A. COVER LETTER B. VENDOR APPLICATION FORM C. PREQUALIFICATION FORM D. SERVICE CATEGORY FIRM QUALIFICATIONS 1 01 . Firm Capabilities 1 02. Key Personnel Qualifications 2 03. Agency Reference / Project Examples 4 04. Overall Benefit for The City / Understanding of Scope 11 STAFFING 12 UNDERSTANDING & METHODOLOGY SECTION 13 APPENDIX A: RESUMES & PROFESSIONAL LICENSES 741 On-Call Ocean Engineering& Professional Consulting Services A , COVER LETTER CONH City of Huntington Beach 2355 Main Street, Suite 210 Public Works Department Irvine, CA 92614 2000 Main Street, 1 st Floor Huntington Beach, CA 92648 April 8. 2021 Subject: City of Huntington Beach —On-call Ocean Engineering & Professional Consulting Services Dear Madams/Sirs. Through this On-call Ocean Engineering Services (Project). the City seeks to step up its efforts towards preserving coastal resources such as piers. seawalls, bulkheads, harbors, and beaches, which may include ocean studies: the City also seeks assistance with issues or permits related to the California Coastal Com- mission (CCC). With more than 90 years of experience in marine and coastal engineering and specializing in pier, seawall, bulkhead, harbor, and beach projects, involving ocean studies, COWI North America. Inc. (COWI) is excited to offer our services in engineering and coastal solutions and plan preparation to deliver a successful project for the City. Below is a summary of our key qualifications: Extensive Experience in Southern California City Agency Projects As a global and national industry leader in marine engineering and coastal preservation. COWI has deep roots in providing success to City agency projects in Southern California, having delivered similar projects for cities of Seal Beach. Long Beach, Newport Beach, and Los Angeles, among others. Most recently, the City of Newport Beach selected COWI to reprise its role as engineering consultant on the Ocean Piers Condition Assessment Study Project after our firm's having successfully delivered on its 2017 Ocean Pier Inspection and Repair Project. The City of Seal Beach Project involved structural inspection and assessment of the Seal Beach Municipal Pier, the second longest wooden pier in California. The City of Long Beach Project consisted of a post-event and routine inspection of the Belmont Pier and floats, including both underwater and under deck inspections: the Belmont Pier is a concrete ocean pier, and it had suffered damages from a series of storms in 2017. The City of Newport Beach consisted of raising the cap elevation by about nine inches over approximately 7,420 LF of existing seawall surrounding this waterfront community to facilitate a 25-year design life. This project involved coordination for permit with the CCC. 742 CITY OF HUNTINGTON BEACH A Local and Proven Project Manager Our Project Manager Warren Stewart is a highly regarded California registered Professional Engineer and Structural Engineer with over 48 years of experience in coastal engineering projects involving piers. sea- walls, bulkheads, harbors, beaches, and ocean studies, as well as coordination with CCC. A resident of Seal Beach. lie has led many successful similar projects out of our Irvine office He is also a Diplomate of the Academy of Coastal, Ocean, Port & Navigation Engineers, which certifies experienced marine engineers in Port Engineering. A Well-Rounded Team with Local Project Experience Warren is supported by a team of expert professionals who have worked on numerous projects in Southern California for clients such as the City and in similar configuration. With Warren as the Project Manager and often involving the same remaining proposed personnel that include: Principal-in-Charge Jack Gerwick, OA/ OC Lead Ted Trenkwalder. Inspection Lead Jim Kearney. and Wave Studies and Coastal Lead Jean 0. Toilliez. Of note, and highlighting his qualifications in coastal systems and wave studies is Jean's involvement in the Pebble Beach Drive Storm Damage Project for the City of Crescent City, which entails the permitting and design of coastal protection systems to manage the risk associated with bluff erosion along a major corridor transportation infrastructure asset in Northern California. Rounding up our team is ESA, an environmental consulting firm with 50 years of experience, that will provide permitting and liaison with the CCC and other permitting agencies. ESA also brings their expertise in na- ture-based designs and support COWL s own coastal engineering expertise. COWI and ESA bring established collaboration record. having worked on at least seven marine and coastal engineering projects throughout California. We invite you to review our extensive experience and value we bring to this project. Our rates are uploaded separately. Should you have any questions on the proposal. or need additional information, please call either Warren Stewart at (562) 547-3918 or Jack Gerwick at (650) 468-7583. Sincerely, COWI North America, Inc. Warren Stewart, RE, S.E., D.PE Project Manager 743 REQUEST FOR PROPOSAL VENDOR APPLICATION FORi%] TYPE OF APPLICANT: ❑ NEW 0 CURRENT VENDOR Legal Contractual Name of Corporation: RAK Development Inc dba Kreuzer Consulting Group Contact Person for Agreement: Rick Kreuzer, PE Corporate Mailing Address: 320 Main Street, Unit D City. State and Zip Code: Seal Beach, CA 90740 E-\fail Address: rick@kreuzerconsulting.com Phone: Fax: 714-656-0160 714-656-0165 Contact Person for Proposals: Rick Kreuzer Title: President E-Mail Address: rick@kreuzerconsulting.com 714-656-0160 714-656-0165 Business Telephone: Business Pas: Is your business: (check one) ❑ NON PROFIT CORPORATION 0 FOR PROFIT CORPORATION Is your business: (check one) Q CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PAR-fNERSHIP ❑ UNINCORPORATED ASSOCIATION I o(2 744 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Rick Kreuzer President/CEO 714-656-0144 Kelsey Kreuzer Secretary 714-656-0160 68-0579985 Federal Tax Identification Number: None City of Huntington Beach Business License Number: (If none, you must obtain a Huntington Beach Business License upon award of contract.) City ofl-Irmtineton Beach Business License Expiration Daic: N/A 2 o1 2 745 EXHIBIT A: I'll E-QUALIFICATION FORM ON-CALL OCEAN ENGINEERING 8: PROFESSIONAL CONSULTING SERVICES s�- (Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B). sv(Initial) Consultant is able to provide the insurance as required (See Appendix Q. Firm Name: Goq/S N""/ 4' ,l S" Firm Address: SS5 ZZ 574-u7�t S /700� �a t lnnO� C/L95607 Signature: Date: / L �V pG� �G('WIGK 1�1L �/l S, dCn7 x' 5h�a.p/ Lin ri'wt� 7 / 746 On-Call Ocean Engineering & Professional Consulting Services D , SERVICE CATEGORY FIRM QUALIFICATIONS 01 . FIRM CAPABILITIES plications associated with the inspection and reha- COWI North America. Inc. (COWI), which counts Ben bilitation of existing structures, design and planning C. Gerwick. Inc.—a West Coast specialty marine and of new marine structures, dredged material man- ocean engineering firm with 90 years of experience agement design, environmental permitting, and con- -as one of its legacy firms. is an industry-leading struction administration. specialist in marine, bridge and tunnel engineering, COWI brings demonstrated record for producing operating out of nine offices in the U.S. and Canada reliable, economical, innovative, and constructible and supported by more than 250 technical experts. designs. with short durations. As evidence of Our For several decades, in Southern California (SoCal) successful work on hundreds of projects, COWI and throughout the U.S. east and west coasts. we enjoys recognition as an industry leader in ground- have successfully delivered multiple projects similar breaking techniques and proven delivery, on time to the City of Huntington Beach's On-Call Ocean and on budget. Engineering services Project (Project). Led by our Our highly-qualified and experienced engineering proposed Project Manager Warren Stewart from our professionals cover all the major areas for waterfront office in Irvine, CA, we have delivered many such projects including: projects which involved providing engineering sOlu" Structural engineering, evaluation and design tions to preserve coastal resources such as piers, seawalls. bulkheads, harbors, and beaches. We have Inspection, condition assessments, and repair/ also provided ocean studies to determine the effects rehabilitation design of waves, tides, currents, sand and the salt-water Foundation and geotechnical engineering environment, as well as provided the cities with ser- Coastal engineering and hydraulic modeling vices and permit preparation related to the California Coastal Commission (CCC). Please refer to Section Permitting, dredging and land reclamation 3: Agency Reference/Project Examples for our show- Construction cost estimating and specifications case projects. Construction management and inspection Specializing in consultation, planning, inspection, Construction engineering (for contractors on com- analysis, and design services, we provide expert plex structures) solutions to coastal and structural engineering com- 747 1 CITY OF HUNTINGTON BEACH 02. KEY PERSONNEL QUALIFICATIONS COW brings a team of highly qualified professionals ESA, an environmental planning and design firm out with extensive experience in projects similar to this of Irvine, CA, will provide permitting and environmen- On-Call Project. Their combined experience includes tal services, bringing their expertise in coordination several dozens of coastal engineering projects, many with CCC over many coastal preservation projects. of them involving ocean studies, in addiiton to pro- viding assistance for the cities with issues or permits related to the California Coastal Commission (CCC). Warren has over 48 years of marine and coastal engineering experience on a variety of projects for local, state, and federal agencies, including over 30 WARREN STEWART. years in Southern California managing waterfront, port & harbor, piers. seawalls, PE, SE, D.PE bulkheads. and beach, and other projects. On over 150 projects, he led the Project Manager production, coordination of engineering design and construction documents, cost estimates, project specifications, construction management, report writing and/or reviews. Among the showcase projects Warren worked on Seal Beach Municipal Pier Inspection &Assessment, Post-Event Inspection of Belmont Pier, Balboa Island Seawall Rise Project, and South Texas Gateway Terminal. With 20 years of experience in the design and construction of heavy civil marine structures, Jack specializes in the design of piers, wharves, and port facilities. with emphasis on bulk terminals and has worked on bridge and hurricane protection JACK GERWICK. P.E. construction projects. Jack is the VP of Operation in the West Region and the or- Principal-in-Charge ganizational lead of offices in Irvine, CA, Oakland, CA, Seattle, WA, and Portland, OR. Jack worked on Seal Beach Municipal Pier Inspection & Assessment, Post-Event Inspection of Belmont Pier, Balboa Island Seawall Rise Project, and South Texas Gateway Terminal. Ted is a Civil and Structural Engineer with over 40 years of experience in the quality management. inspection. assessment, analysis and design of piers, wharves, bulkheads, seawalls and beach structures throughout the West Coast, TED TRENKWALDER, including in Southern California. He has led the design and repair of bulkheads, P.E., S.E. combi-walls, and repair design for concrete, steel, and timber wharves and ter- CA/ OC Lead minals, with his roles also involving quality managment. Among the showcase projects Ted worked on Post-Event Inspection of Belmont Pier. Pebble Beach Dr. Bank Stabilization, and South Texas Gateway Terminal. 2 748 On-Call Ocean Engineering& Protessional Consulting Services With over 34 years of experience in civil and structural design of landside and marine structures. Jim brings extensive experience in condition and construction JIM KEARNEY, RE inspection, construction engineering. and construction management of a variety Inspection Lead of projects, including dozens of pier, wharf, bulkhead and seawall projects. Jim led the above water inspections and contributed to the repair design for nine marine terminals and the California Maritime Academy Boathouse repairs. Among the showcase projects Jim worked on Balboa Island Seawall Rise Project, Seal Beach Municipal Pier Inspection &Assessment, Morro Bay Seawall Repairs, 845 Embarcadero, and Post-Event Inspection of Belmont Pier. Mr. Percher is a Civil Engineer with more than 17 years of experience in struC- MARC PERCHER, tural engineering design and analysis. including above water inspection of marine P.E. structures. He has acted as lead analyst or reviewer of seismic analyses. moor- Structural Analysis ing and berthing analysis. He has acted as the Senior Designer for multiple ferry & Design terminals as well as other civil or military marine structures. Dr. Toilliez is a versatile marine and coastal engineer with over 12 years of experi- ence on projects in the West Coast. Jean has served as coastal project manager for several high-visibility living shoreline projects in the San Francisco Bay region, JEAN O. TOILLIEZ, focussing on leveraging nature-based features to achieve resilience while max- PHD. PE imizing biological benefits. Jean recognizes the relevance of achieving multiple Wave Studies objectives in coastal projects and the importance of synergizing engineering and & Coastal Lead environmental staff early in the design process. Among the showcase projects Jean has worked on the Pebble Beach Dr. Bank Stabilization, SFO Airport Shoreline Protection Program Environmental Review, Balboa Island Seawall Rise Project, and South Texas Gateway Terminal. Nick is a hydrologist and civil engineer with more than 20 years of experience in environmental review, permitting. and design of river, estuarine, and coastal systems. His technical and project management experience includes CEOA/ NICHOLAS J. NEPA compliance. regulatory permitting, environmental impact assessments. GARRITY. PE flood hazard studies, hydrodynamic modeling, restoration planning and design, Permitting and geomorphic assessments, and post-project monitoring and evaluation. Nick Environmental Lead has managed the planning and design of multiple large-scale coastal restoration projects through the environmental, permitting, and design phases. Nick has worked on Manhattan Beach Climate Resiliency, 749 3 CITY OF HUNTINGTON BEACH WWf 03. AGENCY REFERENCE / PROJECT EXAMPLES Seal Beach Municipal Pier Structural Safety Assessment Long Beach Post Event inspection for Belmont Veterans Memorial Pier Newport Beach Seawall Rise Project, Balboa Island Pebble Beach Drive Bank Stabilization Project Morro Bay Seawall Repairs, 845 Embarcadero • SFO Airport Shoreline Protection Program Environmental Review South Texas Gateway VLCC Terminal Design Manhattan Beach Climate Resiliency City of Newport Beach and Newport Bay Conservancy. Big Canyon Water Quality and Habitat Restoration Project COWI Projects ESA Projects Agency References: Please note that, while the requirement was for minimum of three references, we have provided six refer- ences: five for COWI's top five projects and one for ESA's projects. 4 750 On-Call Ocean Engineenng&Professional Consulting Services CITY OF SEAL BEACH - SEAL BEACH MUNICIPAL PIER INSPECTION &ASSESSMENT Seal Beach, CA 2/2015 - 7/2015 1 r- The City of Seal Beach retained COWI to perform snooper platform was utilized to gain close access structural inspection and assessment of the 1 ,865 ft- to the underdeck structure and utilities. long Seal Beach Municipal Pier—the second longest During the inspection, notes were collected using wooden pier in California—originally built in 1906. a special purpose Access database running on a Since being torn in half in 1983 by severe winter laptop, and an IPad running Bluebeam Review, in storms, the pier has also endured fires and earth- addition to by hand and with audio recording. The quake damage. The timber structure consists of above water and underwater inspection notes were piles, longitudinal and lateral bracing, cap beams, merged into a single database. Inspectors noted stringers, blocking, deck and railing. Various utilities the severity of the items in the field while recording run under or alongside the deck. the data. Client: City of Seal Beach. Construction The project involved inspecting and evaluating ex- Cost: NA. isting conditions, preparing a structural condition Reference: assessment, and providing recommendations for David Spitz, Associate Engineer repair and maintenance. The inspection was per- City of Seal Beach formed in compliance with ASCE MOP 130 - Wa- (562) 431-2527 ext. 1331 terfront Facilities Inspection and Assessment and dspitz@sealbeachca.gov ASCE Underwater Investigations, Standard Practice Personnel Involved: Manual No. 101 . Warren Stewart / Project Manager Jim Kearney - Inspection Lead A six-person inspection team completed all the in- Jack Gerwick - QA/ QC Lead spection work, including above water inspection, within four days. A specially modified trailer-mounted 751 5 CITY OF HUNTINGTON BEACH CITY OF LONG BEACH - POST EVENT INSPECTION FOR BELMONT VETERANS MEMORIAL PIER Long Beach, CA 2/2017 - 6/2017 f T1 The project consisted of a post-event and routine Reference: inspection of the Belmont Pier and floats, includ- Sean Crumby ing both underwater and under deck inspections. Public Works Director Storms in early March of 2017 caused damage to City of Huntington Beach this iconic public access concrete ocean pier in (714) 374-5348 the Belmont area of Long Beach. The entire pier was DSpitz@sealbeachca.gov closed afterwards, pending inspection and verifica- Personnel Involved: tion that it was safe to open. The post-event eval- Warren Stewart - Project Manager uation, which was conducted first, found no storm Jim Kearney - Project Engineer damage to the main structure and after the second Jack Gerwick - QA/ QC day of the inspection, the pier was reopened(having Ted Trenkwalder- Principal in Charge blocked off the small boat dock areas that were dam- aged). The routine inspection followed immediately thereafter, which assessed the overall condition of the pier and noted additional deterioration since the last inspection in 2013. Both inspections followed ASCE MOP-130 Waterfront Facilities Inspection and Assessment guidelines. Client: City of Long Beach. Construction Cost: NA 752 On-Call Ocean Engineering&Professional Consulting Services CITY OF NEWPORT BEACH - SEAWALL RISE PROJECT. BALBOA ISLAND Newport Beach, CA 1/2016 - 6/2019 Mr r Y Y 1 ' Improvements to Balboa Island, in Newport Harr ne F� _ also included sidewalk and drainage , were begun in early 1900's and expanded over the tem improvements behind the bulkhead. Services decades. When built in the 1930's, the cap elevation included planning, design, and preparation and sub- of seawall did not anticipate today's sea level rise mittal of permits to the CCC and to the City's own expectations. As such, from time to time the island environmental department. Client: City of Newport experiences flooding due to overtopping during a Beach. Construction Cost: S1 .5M combination of king tides and storm waves. Reference: This project raised the cap elevation by about 9 inch- Robert Stein es over approximately 7,420 LF of existing seawall Assistant City Engineer surrounding this waterfront community. This should City of Newport Beach suffice for the 25-year design life before other meas- O: (949) 644-3322 ures are in place. Complicating the design are ap- M: (949) 795-2308 proximately 80 private and public docks constructed rstein@newportbeachca.gov on the waterside of, and requiring access over, the Personnel Involved: seawall. Also, the California Coastal Commission Warren Stewart - Project Manager required gaps in the seawall for beach access. Thir- Jack Gerwick - Principal-in-Charge ty-five 3-ft wide gaps were included with composite Jim Kearney - Inspection Lead stop-boards and stainless-steel hardware. These Jean Toilliez - Construction Cost Estimator will be installed by the City maintenance department during periods of extreme high tides. 753 7 CITY OF HUNTINGTON BEACH PEBBLE BEACH DR. BANK STABILIZATION SEAWALL REPAIRS, 845 EMBARCADERO Crescent City. CA 5/20 to 12/22 lest) Morro Bay, CA 8/2018 - 5/2019 ESA is assisting with coastal The project entails the permitting and design of COWI provided engineering design and construc- coastal protection systems to manage the risk as- tion support on this design-build project led by a sociated with bluff erosion along a critical transpor- contractor to repair the seawall. COWI was engaged tation infrastructure asset in Northern California. The after the permit with the California Coastal Commis- work includes geotechnical exploration, design of soil sion had been obtained. The original repair design improvement and bluff stabilization (soil nail wall) tried to honor this requirement, but construction of techniques. design of coastal protection systems a new steel sheet pile wall proved impossible due (buried berms. sacrificial protective layers), civil and to the presence of the building and the need to run roadway improvement, and a broad range of spe- tie-backs underneath. The CCC was petitioned and cial studies in support of the permitting process. A the owner received permission to eliminate the re- critical transportation corridor and a vibrant cultural quirements of the wall and reconstruct a rock dike hub for the community, Pebble Beach is also within to match adjacent properties. Client: Associated the California Coastal Commission jurisdiction. Pacific Constructors, Inc.Construction Cost: S2M Client: City of Crescent City. Construction Cost: Reference: S1 .5M Paul Gillen, Associated Pacific Constructors, Inc. Reference: (805) 234-5055 1 paul@associatedpacific.com Jonathan Olson, City Engineer, City of Del Norte Personnel Involved: (707) 464-7483 X234; jolson@crescentcity.org Warren Stewart - Project Manager Personnel Involved: Jim Kearney - Inspection Lead Jean Toilliez - Project Manager Jack Gerwick - Principal-in-Charge Ted Trenkwalder- Principal-in-Charge 8 754 On-Call Ocean Engineering&Professional Consulting Services AIRPORT SHORELINE PROTECTION PROGRAM SOUTH TEXAS GATEWAY TERMINAL DESIGN ENVIRONMENTAL REVIEW Ingleside, TX 1 1/2019 - 12/2020 San Mateo County, CA 11/2019-12/2023 (est) -> FW 1• ESA is leading the CEOA 1y . . ting process under 'l - ti separate with • COWI is the Lead JV Partner for the design and mod- COWI was responsible for the marine terminal, in- ification of the shoreline protection systems that will cluding Construction of two berths and access struc- provide flood protection of the San Francisco In- tures. serving as Program Manager, Lead Design ternational (SFO) Airport. In order to accommodate Engineer-of-Record, and Construction Management projected increases in air traffic the Airport will require Support. future construction and renovation projects that will The project involved new USACE permit application also have to follow the NFIP and local regulations for based on improved layout; demolition of extensive a flood hazard area. The Airport is developing alterna- site improvements, including large graving dock and tives for modification and improvement of its existing slip ways; dredging of -4 million cy and design and shoreline protection systems to address flood risks construction of dredge material placement areas; with the ultimate goal of taking the SFO Campus out navigation studies, risk assessment and full mission of the SFHA. bridge simulations; and coastal design basis criteria The modified system will be designed to meet FEMA's development; among others. Client: Buckeye Part- criteria for accreditation, provide capacity against in- ners Construction Cost: confidential. creasing flood risk associated with sea-level rise and Personnel Involved: regional climatic shifts, and be approved through all Ted Trenkwalder - Project Manager stages of CEQA/NEPA review. Client: City of San Warren Stewart - Program Management/ Liaison Francisco. Construction Cost: S587M. Jack Gerwick - Principal-in-Charge Personnel Involved: Jean Toilliez - Lead coastal engineer Jack Gerwick - Principal-in-Charge Jean 0. Toilliez - Lead engineer 755 9 CITY OF HUNTINGTON BEACH MANHATTAN BEACH CLIMATE RESILIENCY BIG CANYON WATER QUALITY AND HABITAT Manhattan Beach, CA 02/2020-Present RESTORATION PROJECT Newport Beach, CA ESA collaborated with NBC. the City, a TAC, and e : other partners to permit, design and implement this multi-phased restoration program. For Phase 1, ESA led the creek stabilization and revegetation design, as well as CEQA documentation and permitting. We prepared a successful Initial Study/MND and permit applications for five resources. We also prepared the habitat mitigation and monitoring plan and provid- ESA is assisting the City of Manhattan Beach with the ed construction support and biological compliance development of a climate action and adaptation plan, monitoring and reporting during implementation. sea-level rise vulnerability assessment and adapta- Phase 2, which is being constructed this year, cov- lion plan, and a Local Coastal Program update. The ers more than 11 acres located just downstream project is intended to inform the update to the City's from the Phase 1 project site. ESA performed all the safety element and local hazard mitigation plan. As Phase 2 work, including design, permitting, CEQA part of the Sea-Level Rise Vulnerability Assessment, documentation, and construction support. We com- ESA has teamed with the USGS to apply the Coastal pleted design plan drawings and specifications and Storm Modeling System (COSMOS) sea-level rise prepared and submitted permit application packages modeling results to the city's shoreline and analyze to the US Army Corps of Engineers (USAGE), CDFW, the impacts to the city's assets and infrastructure, and Santa Ana RWQCB in August 2018. ESA also stormwater system, and groundwater. The project performed technical studies, including biological and cultural resources, and prepared the MIND for CEQA. includes an analysis of the stormwater system and higher ocean water levels with sea-level rise. The project received two separate grants to fund construction. Client: City of Manhattan Beach Client: City of Newport Beach Reference: Dana Murray, (310) 802-5508, dmur- ray@citymb.info Personnel Involved: Nick Garrity - Project Manager 10 756 On-Call Ocean Engineering& Professional Consulting Services 04. OVERALL BENEFIT FOR THE CITY AND OUR UNDERSTANDING OF THE SCOPE OF SERVICES BENEFITS TO THE CITY COWI and ESA bring established collaboration COWI North America. Inc. (COWI) is uniquely po- record, having worked on numerous marine and sitioned to delivery success to the On-Call Ocean coastal engineering projects throughout California. Enginering Project (Project)for the City of Huntington including Pebble Beach Drive bank stabilization for Beach (City). Equipped with a thorough understand- City of Crescent City. Pebble Beach Storm Damage ing of the scope of the services, we bring multiple Project for County Of Del Norte, SFO Airport Shore- benefits to the City. Among them are: line Protection Program Environmental Review, a flood Proven Project Manager with Local Experience. control project in Santa Cruz, Terminal 4 demolition for Our proposed Project Manager Warren Stewart has City of Richmond, and two climate resiliency projects over 48 years of experience in coastal and marine for Caltrans District i. engineering projects, majority of them in Southern OUR UNDERSTANDING OF THE SCOPE OF SERVICES California. An Orange County resident. Mr. Stewart works out of our office in Irvine. He has delivered The COWI Team brings a clear understanding of dozens of similar successful projects in the project the Project Scope of Services, based on our deep vicinity, including for cities of Newport Beach, Seal bench of experience in similar projects for clients en- Beach, Long Beach, Los Angeles. compassing the majority of city agencies throughout Southern California. Throughout the entire length "A" Team with Established Collaboration Record. of the coastlines, we have provided inspection, as- Led by Warren, the COWI team comprises of expert sessment and repair of piers, seawalls. bulkheads. personnel from COWI and ESA, our Subconsultants, harbors. and beaches, as well as provided ocean each of whom bring in-depth experience in projects studies to determine the effects of waves, tides. cur- similar to the Project. having successfully delivered rents. sand and the salt-water environment. including services in the proposed roles for this Project. Par- assisting the cities with issues or permits related to ticularly. our Project Director Ted Trenkwalder, Inspec- the California Coastal Commission (CCC). tion Lead Jim Kearney, and Wave Studies/Coastal Lead Jean 0. Toilliez. all of them Calfornia P.E.s. have Our subconsultant ESA will also assist with sea-level prior experience working together on similar projects rise analyses as required by the California Coastal throughout the West Coast, including in Southern Commission for Coastal Development Permits. ESA California. has completed sea-level rise analyses for a range of projects and clients. 05.RESUMES. Please find our resumes, which are outside the page count. in Appendix A. 757 CITY OF HUNTINGTON BEACH STAFFING The organization chart below shows the reporting structure and role assignment of our team members, all of them P.E.s. led by Project Manager Warren Stewart. The respective roles denote the functions the personnel will provide. Majority of team members have established working relationships from past projects, including in Southern California. COWI and ESA share at least eight projects on which we have worked together. ORGANIZATION CHART JACK GEPNJGK P.E. ■ cowl ESA — rra: • • PERMITTING & ENVIRONMENTAL t" r - NICHOLAS J. GARRIIY, PE Permitting and Environmental Please find our resumes, which are outside the page count, in Appendix A. 12 758 On-Call Ocean Engineering & Professional Consulting Services UNDERSTANDING & METHODOLOGY SECTION The 32 mile-long City of Huntington Beach extends from the Seal Beach Naval Weapons Station National — - Wildlife Refuge to the north to the Costa Mesa and Newport Beach to the south, and includes Hunting- ton Harbor, Sunset Beach, and about nine miles of coastal beach front (a portion of which is maintained by the City). The iconic Huntington Beach Pier is at other permitting agencies, they have expertise in Main Street in the downtown area.The City sponsors nature-based designs and can backstop COWI's several beach events including the US Open Surfing own coastal engineering expertise. Championships and AVP Beach Volleyball. One recent example of innovative solutions is found We expect that this on-call contract would follow in our Balboa Island Seawall Rise showcase project other similar contracts we have had where the City (above). During the planning and design, it became would contact us to discuss a particular project or apparent that the CCC would require a similar level study that they would like for us to undertake. The of beach access after the 9-inch rise was completed. project could be from your CIP, something that oc- The public could either cross the wall with it being 9 curs on a routine basis, or something that occurs inches higher or walk to one of the gaps and cross unexpectedly. We are capable of handling any cir- the wall there. The problem with the gaps is they cumstance: our proposed Project Manager lives in would allow water to overflow, like before, and flood Seal Beach and works out of our Irvine office. Af- the residential area. Thus, COWI developed a uni- ter discussing the project with you, reviewing any form stop-board system to close off the gaps dur- documentation, and making a site visit, we would ing flooding events. These would be installed by the then present a formal cost proposal with scope of City's maintenance department and removed after work for your review and discussions. The proposal the threat was over. The stop-board were manufac- would also include a list of personnel and equipment tured from recycled plastic with molded polyurethane (if needed) to be used, the schedule, either a lump seals. Each gap was fitted with stainless steel fittings sum or NTE fee, and proposed deliverables. With to accept the boards and their bolted connection. To your approval and written task order, we would then make sure that the stop-board system was universal execute the work. (i.e., any board could go in any gap), all of the end When required, we will use personnel from our sub- fittings embedded into the concrete were set with consultant, ESA. While their primary role is permit- only 3 match-fit steel templates, which were QA/QC ting and liaison with the Coastal Commission and checked before use. 759 13 APPENDIX A: RESUM F?esu�I IU,, ,,rt. outside tfIt 1 '; Dean Iifrit1 ,.w• � 1. On-Call Ocean Engineering & Professional Consulting Services EDUCATION: WARREN A. STEWART, P. E. . S.E. . D. PE M.S., Structural PROJECT MANAGER Engineering, Virginia Tech Mr. Stewart has over 48 years of professional engineering experience on a B.S., Civil Engineering, variety of projects for local, state, and federal agencies, including over 30 Virginia Tech years managing a variety of pier, harbor, and other projects. On over 150 PROFESSIONAL projects, he has been responsible for the production, coordination and review REGISTRATIONS AND of engineering design and construction documents, cost estimates, project MEMBERSHIPS: specifications, construction management, report writing and/or reviews. He Structural Engineer, has made numerous forensic analyses and inspection for repairs of various 1988, CA S3066 types of structures and facilities. As Project Manager he has been responsi- Civil Engineer. 1986, CAble for development of project work plans. implementation of the work plans C41358 ncluding all technical issues, client satisfaction, project financial performance.. schedules, and construction phase service. ACOPNE Academy of SELECTED PROJECT EXPERIENCE Coastal, Ocean. Port & City of Seal Beach - Inspection of The Seal Beach Municipal Pier. Seal Navigation Engineers, Beach, CA. 2015. Project Manager. The project included above and under- Diplomate water inspections and evaluation of existing conditions, structural condition ASCE American Society assessment report, and recommendations for repair and maintenance. The of Civil Engineers, inspection was performed in compliance with ASCE Waterfront Facilities In- Member, TCLEE Ports spection and Assessment. MOP 130 and ASCE Underwater Investigations, Committee Standard Practice Manual No. 101 . COWI mobilized a six-man inspection COPRI Coasts. Oceans. team to complete all the work within four days. Ports. & Rivers Institute. City of Long Beach - Post-Event Inspection of the Belmont Pier, Long Member, Ports & Harbor Beach. CA. 2017-2018. Project Manager. Project Manager for a post-event Committee and routine inspection of the Belmont Pier, including both underwater and under deck inspections. Following some storm damage 2017 to this iconic concrete ocean pier. the entire pier was closed, pending inspection and ver- ification that it was safe to open. The post-event evaluation found no storm damage to the main structure and after the second day of the inspection, the pier was reopened. The routine inspection followed immediately thereafter, which assessed the overall condition of the pier and noted additional dete- rioration since the last inspection in 2013. Both inspections followed ASCE MOP-130 Waterfront Facilities Inspection and Assessment guidelines. 761 a CITY OF HUNTINGTON BEACH City of Newport Beach - Seawall Rise Project, Balboa Island, Newport Beach, CA. 2016-2018. Project manager for improvements to approximately 7,420 LF of existing seawall surrounding this prestigious wa- terfront community. Services during construction included: reviewing submittals and RFI's: coordinating inspectors: site meeting and observations: preparing additional work change order (CO) requests by City and contractor: review of CO proposals. Construction cost approx. S 1 .5M Associated Pacific Constructors - Seawall Repairs: 845 Embarcadero. Morro Bay, CA. 2018. Project Manager. COWI was hired to provide the engineering design and construction support. While most of the bulkhead along the %2 mile of the Embarcadero is rock dike (circa 1940), this portion had a concrete wall in a double-V configuration built on top of the rock dike. Constructed in the 50's as haul-out area for a small boat yard. the site had been redeveloped as retail/cornmercial with a building constructed within 10 feet of the wall. Reconstruction of the wall was required by the California Coastal Commission. COWI was engaged after the permit with the CCC had been obtained. Buckeye Partners - South Texas Gateway Crude Oil Export Terminal. Ingleside, TX. 2019-2020, Program Management / Liaison. The project included planning, monitoring, coordination, permitting, analysis and design, and construction assistance of two VLCC berths, demolition of former fabrication yard including removal of graving dock, excavation and dredging. Relevant studies included navigation risk studies, coastal and environmental design considerations, mooring and berthing analyses with passing vessel effects, and HAZID studies. The project permitting application was completed within the first three months, and the de- sign phase within six months. City of Newport Beach Ocean Piers Maintenance Inspection and Design Newport Beach, CA. 2016-2018. Project Manager. These two timber piers are approximately 1 ,000 feet in length and extend into the Pacific Ocean to a depth of about -20 it MLLW. Project manager for the repair design inspection of the Newport and Balboa ocean piers. 75 and 100 years old respectively. and the design of the resulting repair project(s). The underdeck was inspected using a special purpose snooper which allowed up-close visual and tactile inspections. Upon completion of the inspection, contract documents (PS&E's) for the repair project were prepared. A construction contract for the repairs was let by the contract in the fall of 2017 with completion 02 2018. Construction phase services were provided. Construction cost. S1 .2M. Associated Pacific Constructors - Rincon Island Causeway Inspection &Repairs. Ventura. CA. 2015-2016. Project Manager. Project Manager for the inspection and repairs of the steel and timber structure leading to the man-made Rincon oil production island approximately %2 mile off-shore. Work included underwater inspection of the remaining piles, review of previous inspections and UDT steel thickness data, and design of temporary repairs to obtain a 10-ton load rating. b 762 On-Call Ocean Engineering& Professional Consulting Services EDUCATION: JACK GERWICK, P. E. M.B.A. Haas School of PRINCIPAL-IN-CHARGE Business, U.C. Berkeley. 2018 With 20 years of experience in the design and construction of heavy civil marine structures, Jack specializes in the design of piers, wharves, and port M.Sc., Design/ facilities, with emphasis on bulk terminals and has worked on bridge and Construction Integration hurricane protection construction projects. Jack is the VP of Operation of Program. Stanford COWI West Region. University, USA. 2002 SELECTED PROJECT EXPERIENCE B.E.. Civil Engineering. City of Seal Beach - Inspection of The Seal Beach Municipal Pier. Seal Vanderbilt University, Beach. CA. 2015. OA / OC Lead. The project included above and under- USA. 2001 water inspections and evaluation of existing conditions. structural condition assessment report, and recommendations for repair and maintenance. PROFESSIONAL City of Long Beach - Post-Event Inspection of the Belmont Pier. Long REGISTRATIONS AND Beach, CA, 2017-2018. OA/OC Lead. OA/OC Lead for a post-event and MEMBERSHIPS: routine inspection of the Belmont Pier, including both underwater and under Registered Civil Engineer, deck inspections. California. #68726 City of Newport Beach - Seawall Rise Project. Balboa Island. Newport American Society of Beach, CA. 2016-2018. Principal-in-Charge for improvements to approxi- Civil Engineers: Deep rately 7.420 LF of existing seawall surrounding this waterfront community. Foundations Institute: Associated Pacific Constructors - Seawall Repairs, 845 Embarcadero, Member of ASCE's Morro Bay, CA. 2018. Principal-in-Charge. COWI was hired to provide the COPRI Ports and engineering design and construction support. Harbors Committee; Buckeye Partners - South Texas Gateway Crude Oil Export Terminal. Ingle- side. TX. 2019-2020. Principal-in-Charge. COWI's role was focused on the marine terminal including construction of two berths and access structures. COWI served as Program Manager, Lead Design Engineer-of-Record. and Construction Management Support. Port of Redwood City Wharves 3 and 4 Fender Replacement Project. Redwood City, CA. Project Manager for multidisciplinary team including environmental, geotechnical, and surveying subconsultants tasked with inspection, detailed design, permitting, and construction management for nine new dolphins, a new access pier, and six new fender systems. 763 c CITY OF HUN FINGTON BEACH EDUCATION: TED W. TRENKWALDER. P.E. , S.E. M.S.. Structural QA/QC LEAD Engineering. University of California, Berkeley. 1984 Mr. Trenkwalder is a civil and structural engineer with over 40 years of expe- rience in the inspection. assessment, analysis and design of piers, wharves B.S., Civil Engineering. and waterfront structures. He has been responsible for the design and repair University of California. of bulkheads, combi-walls, alternative ground improvements. and repair Davis. 1979 design for concrete, steel, and timber wharves and terminals and related sup- PROFESSIONAL port structures. He has provided extensive OA/OC on most of his projects. REGISTRATIONS AND SELECTED PROJECT EXPERIENCE MEMBERSHIPS: County of Del Norte- Pebble Beach Drive Storm Damage Project, Crescent Registered Civil Engineer, City, CA. 2020. Principal-in-Charge. The project entails the permitting and CA: Registered Structural design of coastal protection systems to manage the risk associated with bluff Engineer. AK, CA. &TX; erosion along a critical transportation infrastructure asset in Northern Califor- ASCE COPRI Seismic nia. The work includes geotechnical exploration. design of soil improvement Committee for Piers and and bluff stabilization (soil nail wall) techniques, design of coastal protection Wharves: ASCE Tsunami systems (buried berms, sacrificial protective layers), and a broad range of Loads and Effects special studies in support of the permitting process. Subcommittee: SEAONC Buckeye Partners - South Texas Gateway Crude Oil Export Terminal. Ingle- Structural Engineers side. TX. 2019-Present. Project Manager/Project Engineer. Mr Trenkwalder is Association of Northern responsible for Program Management of a multidiscipline team for fast-track California; ASCE permitting and design of major new crude oil export terminal. Mr Trenkwalder American Society of Civil planned. monitored, coordinated, and led the permitting, analysis and de- Engineers; DFI Deep sign. and construction assistance of two VLCC berths, demolition of former Foundations Institute fabrication yard including removal of graving dock. excavation and dredging. Relevant studies included navigation risk studies, coastal and environmental design considerations, mooring and berthing analyses with passing vessel effects. and HAZID studies. The project permitting application was completed within the first three months, and the design phase within six months. City of Long Beach - Post-Event Inspection of the Belmont Pier. Long Beach. CA. 2017-2018. Principal in Charge. The project involved post-event and routine inspection of the Belmont Pier, including both underwater and under deck inspections. Following damange from storms in 2017. the pier was closed. and after inspection and verification that it was safe to do so, 764 On-Call Ocean Engineering& Professional Consulting Services it was opened. The later routine inspection assessed the overall condition of the pier and noted additional deterioration since the last inspection in 2013, Crescent City Harbor District - Crescent City Harbor Marina Rehabilitation and Tsunami Mitigation Project, Crescent City, CA. 2009-2014 Project Manager. Project Manager responsible for rehabilitation of harbor and marina after tsunami damage. The work includes numerical modeling of wave agitation within the harbor and inner boat basin, numerical modeling of tsunami waves, assessment of hydrodynamic loads on moored vessels, assessment of wave-current loads on piles, planning and layout Also developed design for the wave attenuators, marina floats, and piling. Assisted District during fabrication and installation of new floats and docks. City of Monterey Wharf 1 And 2 Assessment and Upgrade, Monterey. CA. Ongoing. Project Director. The City of Monterey has undertaken a program to rehabilitate the wharves and selected COWI to lead a team tasked with inspection. assessi nent. environmental permitting, and repair/upgrade design. Inspections were coordinated with the harbour master to minimize impacts to tenants and the public as well as commercial fishing activities. Inspections were performed in accordance with ASCE's Underwater Inspection Manual as well as MOTEMS inspection standards. One of the primary focuses of the inspection was the condition of the more than 2,000 timber piles which support the wharves. As Project Director, I was responsible for the overall project performance related to budget, schedule, inspection compliance and detail, and prioritizing repairs for best value to the City. Port of San Francisco On Call Engineering. San Francisco, CA. 2018-Present. Project Manager. Respon- sible for the analysis and design of various as needed engineering services for the Port. Specific Tasks have included the review and assessment of Pier 96 and Pier 31 .5 to accommodate building and vehicle loads; Pier 96 Improvement Study for Bulk Material Terminal; Pier 40 Marina Float and Breakwater Assessment and Repair. Hyde Street Harbor Float and Breakwater Assessment and Repair. and Mission Bay Ferry Terminal Feasibility Study. The Port requires studies to determine permitting, design, costs, and scheduling for plan- ning and budgetary purposes. Tesoro Avon and Amorco Motems Inspection And Audit. Martinez. CA. 2002-2019. Project Manager/Project Engineer. Completed inspection and condition assessment ratings of timber, steel, and concrete wharves and dolphins in accordance with Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS). Developed remedial action plan and designed repair schemes to allow terminal operation for selected tank- ers and barges. The assessment included berthing and mooring analyses of selected vessels to determine maximum approach velocities wind restrictions for the existing mooring hardware and structure. 765 e CITY OF HUNTINGTON BEACH EDUCATION: JAMES W. KEARNEY JR., P.E. B.S., Architectural INSPECTION LEAD Engineering. California Polytechnic University at With over 34 years of experience in civil and structural design of landside San Luis Obispo. USA. and marine structures, Jim brings extensive experience in condition and 1986 construction inspection, construction engineering, and construction man- agement of a variety of projects, including dozens of pier, wharf, bulkhead PROFESSIONAL and seawall projects. Jim led the above water inspections and contributed REGISTRATIONS AND to the repair design for nine marine terminals and the California Maritime MEMBERSHIPS: Academy Boathouse repairs. He was coauthor and presented the ASCE Registered Professional Ports 2010 paper. "Practical Repair of Marine Timber Structures'. Engineer, State of SELECTED PROJECT EXPERIENCE California; Registered City of Seal Beach - Inspection of The Seal Beach Municipal Pier. Seal Civil Engineer, 1994, Beach, CA. 2015. Project Engineer. Lead Inspector. Directed and performed California. C052439: above water inspection and coordinated with underwater inspectors for a ASCE: Coasts, Oceans, complete structural condition assessment of the Seal Beach Pier. Completed Ports, and Rivers Institute Inspection Report and repair recommendations. (COPRI); National Society City of Long Beach - Post Event Inspection Belmont Veterans Memorial of Professional Engineers Pier. Long Beach. CA. 2017. Project Engineer. Performed post storm event inspections of the pier and floats following a winter storm that caused serious damage to the structure and appurtenances of the pier in early 2017. Pro- vided a report of findings, recommendations for allowable loading, allowing the pier to reopen to pedestrian and fishing use and recommendations for the repair and plan forward for the City. City of Newport Beach - Ocean Pier Inspection and Repair. Balboa Pier. Newport Beach. CA. 2016-2017, 2020-2021 . Project Engineer, Lead In- spector. Directed and performed above water inspection and coordinated with underwater inspectors for a complete structural condition assessment of the Balboa Pier. Completed Inspection Report and repair recommendations. COWI was invited to reprise role as inspector. Associated Pacific Constructors - Seawall Repairs. 845 Embarcadero, Morro Bay. CA. 2018, Inspection Lead. COWI was hired to provide the engineering design and construction support. While most of the bulkhead 766 On-Call Ocean Engineering 3 Professional Consulting Sen ices along the mile of the Embarcadero is rock dike(circa 1940), this portion had a concrete wall in a double-V configuration built on top of the rock dike. City of Newport Beach - Ocean Pier Inspection and Repair. Newport Pier. Newport Beach. CA. 2016- 2017. Project Engineer/Lead Inspector. Directed and performed above water inspection and coordinated with underwater inspectors for a complete structural condition assessment of the Newport Pier. Completed Inspection Report and repair recommendations. Associate Pacific Contractors - Rincon Island Causeway and Wharf Inspection and Repair Design. Ven- tura County, CA. 2015. Project Engineer. Lead Inspector. Directed and performed above water inspection and coordinated with underwater inspectors for a complete structural condition assessment of the Rincon Island causeway and wharf. Provided repair designs and recommendations for additional strengthening of existing, overstressed structures. Port of Los Angeles - Port Of Los Angeles. Berths 57-60 Condition Survey and Upgrade Concepts. San Pedro, CA. 201 1 -2012. Project Engineer. Project Engineer in charge of conducting and coordinating above and underwater inspections of the Port of Los Angeles "City Dock 1 " piers. Two piers of concrete pile and deck construction. over 2500 ft. in length, the inboard pier was constructed in 1913 with an addition. outboard in 1938. All elernents were assigned condition ratings, individual defects were noted and recornmended repairs to defects, with cost estimate were developed for the report. Seismic Upgrade concepts were developed and priced for POLA use in planning. City of Martinez Public Fishing Pier. Martinez. CA. 2020. Project Manager/Lead Engineer. Project manager and lead inspector/designer of recommended repairs for a municipal fishing pier in Martinez. CA. Prioritize and recommend repairs to existing public fishing pier. Provide City with a Condition Report and Drawings and recommended repairs and budgeting cost estimate by repair priority. Inspection. Design, Project man- agement. City of Monterey - Monterey Wharf I And II Programmatic, Monterey. CA. 2018. Supervising Engineer. Supervising engineer directing above and underwater inspection in the field. Reviewed data collection, cal- culations, drawings. and reports prior to submittal. City of Monterey - Monterey Wharf li Condition Assessment, Monterey. CA. 2012. Project Engineer. Project Engineer conducted above water structural inspection of Wharf II in Monterey. CA. Noted and categorized deficiencies and developed repair priorities for the City of Monterey. 767 9 CITY OF HUNTINGTON BEACH EDUCATION: MARC PERCHER, P.E. BS Civil Engineering. STRUCTURAL ANALYSIS & DESIGN Tufts University. 9/1998- 5/2001 Mr. Percher is a civil engineer with more than 17 years of experience in struc- tural engineering design and analysis of marine structures, oil and gas facilities Master of Science in for earthquakes, and building structures for blast loads. He has acted as Structural Engineering. lead analyst or reviewer of seismic analyses, mooring and berthing analysis, Tufts University. and acted as the Audit Team Lead for numerous marine oil terminals as part PROFESSIONAL of audits for California's Marine Oil Terminal Engineering and Maintenance REGISTRATIONS AND Standards (MOTEMS) requirements. As part of this work he performed and MEMBERSHIPS: evaluated response spectrum and nonlinear pushover analyses using dis- License: California. Civil, placement-based performance criteria and incorporating soil-structure inter- 68072 action and nonlinear material performance. He has also acted as the senior American Society of designer for multiple ferry terminals as well as other civil or military marine Civil Engineers - Coast, structures. Mr. Percher has also been involved with post-earthquake inves- Oceans. Ports & Rivers tigations of port facilities in Chile in 2010 and led a team in Japan in 2011 . SELECTED PROJECT EXPERIENCE Institute member POLB - BP Port of Long Beach Terminal 2, Berths 77 and 78, Seismic Committee Member - Analysis and Retrofit Design. Port of Long Beach. CA. 201 1-2012. Senior ASCE Ports and Harbors Engineer. Senior engineer performed detailed review of seismic analysis Waterfront Rehabilitation of concrete pile structures, and development of retrofit design. Kinematic Manual loading due to liquefaction was included in the project. Committee Member Chemoil / Port Of Long Beach - Berths F209 and G211 a Seismic Analysis. - ASCE 61 - Seismic Long Beach, CA. 2008. Senior Engineer. Senior engineer performed detailed Design of Piers and review of seismic analysis of cellular bulkhead wall and concrete pile struc- Wharves tures. The work included kinematic loading due to liquefaction within cells. BP/ Port Of Long Beach - Berth 121 Seismic Analysis. Long Beach. CA. 2008-2009. Senior Engineer. Project engineer performed response spec- trum and nonlinear pushover analysis of steel piled structure and approach trestle. Included pushover analysis using displacement-based criteria for multiple earthquake events. Pushover analysis combined kinematic loads due to liquefaction and inertial loading via nonlinear soil spring and structure interaction. 768 On-Call Ocean Engineering 8 Professional Consulting Services Power Engineering Construction - Treasure Island Ferry Terminal Design Build, San Francisco. CA. 20 i 5-2020. Senior Engineer. Technical lead for developed of design-build construction documents for a new ferry terminal. The design incorporated a 100 ft bridge section which spanned a large rock dike expected to see significant kinematic movements during a seismic event. The steel and concrete pier structure was then design for expect- ed soil movement and shaking loads. The terminal design also incorporated two concrete sheetpile breakwaters and a gangway from the pier to a steel float. Design services were performed in a rapid staggered submission format to match the ordering of long-lead items. Coordination with review agencies was arranged to allow for staggered submissions. National Parks -Alcatraz Wharf Repairs and Seismic Strengthening, San Francisco, CA. 2018 - 2019 Senior Engineer. Senior technical advisor for repair and seismic upgrade design of historic concrete wharf structure. Provided criteria selection, repair design, and retrofit analysis input for development of appropriate and economical repair/upgrade. Performed field investigations to verify existing conditions at the wharf. Confidential - Evaluation of Existing Marginal Wharf Terminal for Public Access: Oakland. CA. 2019. Project Manager / Senior Engineer. Project manager for project incorporating performance of nonlinear seismic evaluation at a feasibility study level for conversion of an existing marginal wharf terminal to allow for public access as open park space. Determined the appropriate design criteria for public access on a marine structure, which is not well defined in build codes. Developed a typical single bent model which allowed for determi- nation of system sensitivity to added mass and determination of feasibility for the project. Developer- Encinal Wharf Redevelopment. Alameda. CA. Senior Engineer. Performed eval- uation of an existing 1500 ft long container terminal facility for based on redevelopment as a condominimum complex. Design included evaluation of seismic loads based on nonlinear pushover methods. Developed conceptual retrofit schemes providing for an economical upgrade which satisfies current codes. Chevron - Chevron Richmond Long Wharf Upgrades. Richmond. CA. 2012-2014. Senior Engineer. Performed detail design and developed design drawings for miscellaneous repairs as well as installation of new composite fender piles. Design of new fender piles included evaluation of berthing energy and development of an appropriate design methodology based on physical testing. 769 CITY OF HUNTINGTON BEACH EDUCATION: JEAN O. TOILLIEZ, PHD, PE PhD. University of WAVE STUDIES & COASTAL LEAD California. Berkeley (2008) in fluid dynamics Dr. Toilliez is a marine and coastal engineer with over 12 years of experience and applied mathematics in projects on the West Coast. Jean has served as coastal project manager (College of Engineering) for several high-visibility living shoreline projects in the San Francisco Bay Area, focused on leveraging nature-based features to achieve resilience while MS. University of maximizing biological benefits. Jean recognizes the relevance of achieving California. Berkeley multiple objectives in coastal projects and the importance of synergizing (2004) in marine engineering and environmental staff early in the design process. hydrodynamics (College SELECTED PROJECT EXPERIENCE of Engineering) City of Crescent City - Pebble Beach Drive Storm Damage Project, Cres- MS, Paris Tech. France cent City. CA. 2020. Project Manager. The project entails the permitting and (2004) in engineering design of coastal protection systems to manage the risk associated with bluff mechanics. quality erosion along a critical transportation infrastructure asset in Northern Califor- control and statistics nia. The work includes geotechnical exploration, design of soil improvement PROFESSIONAL and bluff stabilization (soil nail wall) techniques, design of coastal protection REGISTRATIONS AND systems (buried berms. sacrificial protective layers), civil and roadway im- MEMBERSHIPS: provernent, and a broad range of special studies in support of the permitting PE license CA-77499 process. The project is high-visibility at the confluence of several key drivers: Pebble Beach is critical transportation corridor for the local community. it Qualified SWPPP is a culturally critical area, and is within the Calitornia Coastal Commission Designer C77499 jurisdiction band. The project is being performed in partnership with Stover ASCE/COPRI Ports and Engineering of Crescent City, Harbors City of Newport Beach - Seawall Rise Project, Balboa Island. Newport Beach, CA. 2016-2018. Construction Cost Estimator. Project involved im- provements to approximately 7,420 LF of existing seawall surrounding this prestigious waterfront community. Services during construction included: reviewing submittals and RFI's; coordinating inspectors; site meeting and observations; preparing additional work change order(CO) requests by City and contractor; review of CO proposals. Construction cost approx. S1 .5M SFO - Engineering Support Services for the Airport Shoreline Protection Program Environmental Review Project at SFO Airport. San Francisco, CA. 2020. Lead engineer. In charge of the preparation of a CLOMR package on 770 On-Call Ocean Engineering&Professional Consulting Services behalf of San Francisco International Airport as part of the Shoreline Protection Program. The project involves the design of a continuous high-crested perimeter wall designed per FEMA requirements. The project goal is to amend the existing FEMA-delineated flood zone and remove the SFO campus from the 1% flood zone and into the Zone X(0.2% flood zone). The coastal engineering scope of work includes FEMA-required cal- culations necessary for the preparation of a CLOMR package for the proposed high-crested perimeter wall. It also includes the preparation of several large-scale studies to support the on-going permitting process. including no-rise studies, impact of the proposed structure on waves and sediment transport, induced storm surge distribution. transect-based analysis of wave effects, overtopping rates. and effects of sea-level rise on various processes. State Coastal Conservancy - Terminal 4 Wharf. Warehouse. and Piling Removal Project Richmond. CA. 2018-2019. Engineer in Charge. The derelict Terminal Four Wharf site is made up of over 2,500 concrete-en- cased and creosote-contaminated timber piles. plus a wharf building, decking, and other appurtenant struc- tures. The removal project consisted of the preparation of 60% plans, specifications. engineer's estimates, permit applications. CEQA documentation. With COWI and with a previous firm. Jean's work focused on coastal processes modeling using DeIft3D. SWAN. and XBEACH, engineering. construction sequencing, cost estimating. and permit support. The project featured a "living shoreline" slope protection system featuring artificial oyster reefs, vegetated face, and biological enhancements. Port of San Francisco - 16th Street Mission Bay Terminal, Port of San Francisco Wave Agitation Study. San Francisco. CA. 2018-2019. Conducted wave agitation study using a phase-averaged spectral action balance equation model (MIKE 21 SW FM). The goal was to assess the exposure of a proposed terminal location to heavy weather and wave action. The model was forced using long-term statistics calculated from nearby NOAA met towers. The results were aggregated into a transfer function capable of estimating the wave height and period for any wind speed and direction pair. The approach included line structures integrated into the flexible rnesh to represent large floating structures. These wave estimates were then combined with wind speed to create wave height and wind speed pairs, which were used as the basis for a downtime as- sessment. The findings were docurnented and informed further planning and capital allocation forecasting. City of Santa Cruz, Department of Public Works. Head-Driven Culvert for Flood Management at the San Lorenzo River, CA. 2019-2020. Engineer in charge. Preparation of the 60%. 90%. and Final construction plans, specifications. and estimate (PS&E) for a permanent passive drainage system. The culvert will be used to manage flood levels in the San Lorenzo River lagoon during summer months. when a beach berm obstructs the river mouth, and will reduce the risk of flooding on the historic Santa Cruz Boardwalk and adjacent residential areas. The culvert features significant advantages over the existing lagoon water level management approach, consisting of a mechanical breaching of the mouth. 771 k CITY OF HUNTINGTON BEACH EDUCATION: Nicholas J. Garrity, PE MS. Civil and PERMITING AND ENVIRONMENTAL Environmental Engineering. University of Nick is a hydrologist and civil engineer with more than 20 years of experience California at Berkeley in environmental review, permitting, and design of river, estuarine, and coastal systems. His technical and project management experience includes CEQA/ BS, Geology— NEPA compliance. regulatory permitting, environmental impact assessments, Physics/Mathematics, flood hazard studies, hydrodynamic modeling, restoration planning and Brown University design, geomorphic assessments, . and post-project monitoring and eval- PROFESSIONAL uation. Nick has managed the planning and design of multiple large-scale REGISTRATIONS AND coastal restoration projects through the environmental, permitting, and design MEMBERSHIPS: phases. Nick has advanced innovative approaches to flood hazard analyses, Civil Engineer, State of wetland restoration, and environmtal compliance. California. C72603 SELECTED PROJECT EXPERIENCE Manhattan Beach Climate Resiliency Program, Manhattan Beach. CA. Project Director. Nick is overseeing the development of a climate action and adaptation plan, sea-level rise vulnerability assessment and adaptation plan, and a Local Coastal Program update for the City. The project is intended to inform the update to the City's safety element and local hazard mitigation plan. In addition to directing the overall project, Nick is providing technical oversight for preparation of the sea-level rise vulnerability assessment and adaptation plan and the public outreach presentations. City of Newport Beach and Newport Bay Conservancy, Big Canyon Water Quality and Habitat Restoration Project. ESA collaborated with NBC, the City, a TAC, and other partners to permit, design and implement this mul- ti-phased restoration program. For Phase 1 , ESA led the creek stabilization and revegetation design, as well as CEQA documentation and permitting. We prepared a successful Initial Study/MND and permit applications for five resource agencies. We also prepared the habitat mitigation and monitoring plan and provided construction support and biological compliance monitoring and reporting during implementation. Phase 2. which is being constructed this year, covers more than 11 acres located just downstream from the Phase 1 project site. ESA performed all the Phase 2 work, including design, permitting, CEQA documentation, and construction support. We Completed 772 On-Call Ocean Engineering&Professional Consulting Services design plan drawings and specifications and prepared and submitted permit application packages to the US Army Corps of Engineers (USAGE). CDFW, and Santa Ana RWOCB in August 2018. ESA also performed technical studies, including biological and cultural resources, and prepared the MND for CEQA. The project received two separate grants to fund construction. Los Cerritos Wetlands Authority. Los Cerritos Wetlands Restoration Program EIR. Long Beach and Seal Beach. CA. Restoration Lead. Led by the Los Cerritos Wetlands Authority (LCWA), a joint power agreement between the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy(RMC). State Coastal Conservancy (SCC), City of Long Beach, and City of Seal Beach. ESA was retained to prepare a Program Environmental Impact Report (PEIR) and develop an Optimized Restoration Alternative and Restoration Plan for 500 acres of salt marsh, seasonal wetlands. and other freshwater marsh in the Los Cerritos Wetland Com- plex. As part of the PEIR. ESA prepared multiple technical reports, including hydrology, water and sediment quality, biology, and cultural resources. Nick lead the restoration design and associated technical reports. California State Coastal Conservancy. Ballona Wetlands Restoration, Los Angeles. CA. Project Manager. Since 2005, ESA has worked with the Coastal Conservancy and California Department of Fish and Wildlife to plan wetland restoration and enhancement, preserve open space, and create managed public access compatible with the natural resources for the 600-acre Ballona Wetlands Ecological Reserve in Los Angeles near Marina del Rey. ESA prepared a Restoration Plan and Feasibility Report. developed the preliminary en- gineering design, and performed a range of technical analyses to support the EIR and permitting, including a U.S. Army Corps of Engineers Section 408 approval. ESA has completed the Final EIR for California Depart- ment of Fish and Wildlife's certification. Nick managed the restoration design and led engineering analyses including hydrodynamic modeling of Ballona Creek to assess potential effects of the project on flood levels. Malibu Coastal Vulnerability Assessment. Malibu, CA. Project Director. Nick is directing the preparation of a Coastal Vulnerability Assessment and developing adaptation strategies to address sea-level rise. storm surge. and coastal flooding in the city of Malibu. ESA is analyzing the potential impacts of sea-level rise and coastal flooding. and supporting the City in developing adaptation measures to manage Malibu's coastline and protect public health and safety. Aliso Creek Estuary Restoration Plan. Laguna Beach. Project Manager. Nick managed the development of a Conceptual Restoration Plan for the Aliso Creek Estuary in Laguna Beach, California. The goal of the project, funded by the California State Coastal Conservancy and others, was to identify a feasible plan to restore the lagoon at the mouth of Aliso Creek to a healthy estuary. ESA's analysis included hydrologic modeling of coastal, estuary. and fluvial processes: ecological assessments: and restoration site planning and design. The end product is a CEQA/NEPA-ready plan, developed with strong local support and well-positioned to seek funding for implementation. 773 rn CITY OF HUNTINGTON BEACH COPIES OF P. E . AND S . E . LICENSES WARREN A. STEWART, LN ISSUAM.MTV BOARD FOR PROFESSIONAL ENGINEERS, LAND I, SURVEYORS, AND GEOLOGISTS cu^..M1O•e��Ye LICENSING DETAILS FOR. 41358 u.ro.,n J BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND II 1� GEOLOGISTS m.u,w rn wee rn np• MI\{,iN LICENSING DETAILS FOR 3066 fcu euc.u w.0 yr JACK GERWICK, P.E. BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND /i IN GEOLOGISTS LICENSING DETAILS FOR. 68726 .Kau m•u, n On-Call Ocean Engineering&Professional Consulting Services TED W. TRENKWALDER, D.E. . S.E. BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS.. AND IN GEOLOGISTS ur+are.rn vo-euern a v�• •uYvr rn nr .rrm a. LICENSING DETAILS FOR. 3731 ? wn . BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND - � GEOLOGISTS uwv rn r� n LICENSING DETAILS FOR: 35585 L....T..L Lca.w u.T„s o JAMES W. KEARNEY JR. . BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS r LICENSING DETAILS FOR: 52439 LI[tYY frM1. ,NM CYST M LC1YL ar.rua J LLLTa0 YM1[Y(lYW MNEMCOWTv LLV CITY OF HUNTINGTON BEACH MARC PERCHER, E.E BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND � im GEOLOGISTS LICENSING DETAILS FOR: 68072 ri RYCrtR YM[.N . .. lvlT.R:FI ILK !c lKYIY m1M.c,C.s O JEAN O. TOILLIEZ. BOARD FOR PROFESSIONAL ENGINEERS. LAND SURVEYORS. AND GEOLOGISTS clan rn•nn »r LICENSING DETAILS FOR: 77499 „cuss n.rv! o NICHOLAS J. GARRITY, BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS cl�rxr rn,c!!r e• LICENSING DETAILS FOR: 72603 F 776 CONTACT WARREN STEWART Project Manager Mobile:(562)547-3918 Email:wnsx@cowi.com EXHIBIT "13" Payment Schedule (Hourly Payment) A. I lourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: 13. Travel Charles for time during travel arc not reimbursable. C. I3illim I. 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. J. 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; 13) Describe the services performed: C) Show the total amount of the payment due: D) Include a certification by a principal member o1 CONSULTANT's firm that the work has been performed in accordance with the provisions of' this Agreement; and I-- all payments include an estimate of the percentage of work completed. Upon submission of any such invoice. if CITY is satisfied that CONSULTANT is makin, 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. I L'xhibit 13 778 5. Anv billines 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 it' 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. Anv dispute between the parties concerning payment of such an invoice shall be treated as separate and apart tom the ongoing performance of the remainder of this Agreement_ Exhibit 13 779 EXHIBIT B covd COW] North America Inc. 2021 Standard Rates Labor Category cowl 2021 Rate Level (USD) Senior Vice President 10 $ 300 Vice PresldenUProject Director/Technical Director 9 $ 275 Assoc. Technical/Project Director 8 $ 250 Senior Engineer/Specialist/Project Manager 7 $ 230 Senior Engineer/SpecialisUProject Manager 6 $ 210 Specialist/Engineer/Project Manager 5 $ 180 Specialist/Engineer 4 $ 165 Designer 3 $ 145 Intern 2 $ 90 CAD Manager 6 $ 180 CAD Specialist 5 $ 165 Senior CAD Technician 4 $ 150 CAD Technician II 3 $ 135 CAD Technician 1 2 $ 120 Diver 3 $ 145 Diver 2 $ 130 Senior Project Coordinator 5 $ 145 Project Coordinator 3 $ 120 Administrative Support 2 $ 110 Assistant 1 $ 80 Additional Notes (Unless Otherwise Provided in Written Agreement) The above rates include direct overhead, indirect overhead, and profit. The above rates do not include Other Direct Casts (ODC). All subcontractor invoices are marked up 5%. Annual escalation is 3%. ESA's Nick Garrity will be subject to the same rate as COWI Level 7 personnel. 780 Bidder's List for Ocean & Engineering - 2021 Company Name Phone Anchor QEA 949-347-2780 Coastal Frontiers Corp 818-341-8133 cowl 562-547-3918 GHD Inc 949-385-5218 Moffatt & Nichol 562-590-6500 Tetra Tech 949-809-5120 781 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents IScope 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................................................................................. 11 784 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Ocean & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: COWI OVERALL RANKING: 3 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Environmental Services Manager 3. Project Coordinator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 75 COWI—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Proposal Clarity 9 10 Qualifications 22 20 Staffing 22 20 Understanding and Methodology 13 15 References and Background 10 10 Interview(Optional) - 15 Total 75 100 It. DUE DILIGENCE REVIEW CON —Summary of Review • COWI proposal is clear and concise and has resources to meet Cit 's project needs. COW — Pricing • Low end from S80/hr • High end to S300/hr for Senior Vice President 662 _ pE✓ d►�Roa CERTIFICATE OF LIABILITY INSURANCE OV1° 021 2 av1 roz1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed, IfSUBROGATION IS WAIVED, subject to the terms and conditions of the policy,Certain policies may require an endorsement A statement on this certificate does not center rights to the certificate holder in lieu of such endorsamenl t. PRODUCER NAME. NdRr iLSF S nAI'dnCe:RINCES PHONE U�- A-ruse 0013/1.53 MA EAIL 633 W FiT SJee!.Sure 1200 E YAR L.n Al gees,CA 9CO71 ADOAEFe: AM !OVUeeles CenkequeStamuan am _ a1e111E11jgAfFORDMIO CPIENADE ___._ MAID 1'0261539 Srrd GAWVr 2122 INSUMMA:Fkww(s FuWhmsaN ColllDalry 21873 W SURED w/WINt s:Am im&*Mdss YN rA 218M f,OWI NWI A>erCd.Ina - 1191 2W Avenue _aA1avet C:LeanglM IroIreTOt ' Yf_ t9w :ealle.WA 98101.2952 Me P:$IYNel!gw" 40M NKVM s:AIG$papally IrNURce Calgw 2� westaw/: COVERAGES CERTIFICATE NUMBER: L 29-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES Of INSI-HA GE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INUICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WINCH TINS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES I IMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS. WLIR w TYPE OF INWRANpe POMCYMIIIeeI MNpp EFI li t�s 04joinw1 114411160111122 FtntDoasetEtax 1000p00 CL*ANAMDE x❑DDC,t zi 9 om" a 1.0110.1111110 NED EZP(Apy ee Peal f 10AM PERSONA A ADV WA1RY It I,000000 DBILAODIBAIITEFLsMyTAPPLM a GENERAL AGGRF6AIE f 2.00D,000 x POLICYQ p �LOC PRODUCTS-COA1P1IEPA00 2.0110.0110 a N AtN'OYOseMAa►R'/ 25-2,01 - tA021 o4J0jr 2 D ED / 1,000,1100 % (Ea ev,MarC ANY AM e001LY PLAURY(Pw le.oP) f owmw eC1EDULED BDDLYPWRV IP•eedavlQ f AI7TONOILY N =MoeNWAD I1oNO1NEEoAAMES OILYAUMSOMLY APPROVED AS TO FORM t x �LMi owinwl DWI/= FACN OCCURNEIILY a _ 4�'� gu 7 um prgp(g,tp�ygE AOOREMTE a b,000,000 x s ICHAEL E.DATES s D WDIwW CONPeMATM 1 ) p R "µND ATM YIN C FNUNTINGTONBEACH EiEAaIAanEHT s 1,gpgpg0 6F�teEREUODAlOEOT O MIA - (M..lorytnaNl uDtaFAfE.0 f ,.� r r.oeelnae ,.pp0,000 -El.-DISEASE-POLICY LMr F RebeMNumm 02701%11 00D1=1 0001rm Each Claim 2000. AYgregrs'. 2 MOPA ME WTM OF OPEMT I LOCATIONS r VEM U(ACCORD 191.Ma1bIM Rem,k.1i me,ea rMdee II Isere spene Y n,ie, Ne For 81611 Furious OPp The CRpof Hunl+ewfwdL TMCihd HIAMebn Bash,Maicn,sYCIMaaFptlsbe pill rrlplgesa,spasaweYdIPIYrt Ne esaryaIN;dllie./YaMel1 ohm sear"fF Reim NMw NO rosier,M Genera Lnpitp ti AvbloeM LlaMer. UeerNs Llteily N bba Isrin M D!laay GsN lMORy,APbinbb lbeiy sne EeebyeN first pd*s sm*d bpdcy Ww sal- and erlrsore CoNnM n el peps.. CERTIFICATE HOLDER CANCELLATION Gly 01 Huntrow Boom SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ain Risk Mameef and Cry AtMer THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AM Men Slwl ACCORDANCE WITH THE POLICY PROVISIONS - Hlnaebn Beads,CA 9281E MTNORMED IIEMEFENTATIVE of Marsh RIM l Im v.m.sevkn Denel Zeram (D 1988-2016 ACORD CORPORATION. All rights reserved. ACCORD 25(201WO3) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 110267539 LOC N: Los Angeles ACORE)i ADDITIONAL REMARKS SCHEDULE Page 2 of 2 L� - AGENCY NAMED IN SUR EO &Ash Risk 6 Inwra ou Senses CA`M Una A"noa,Inc. _ 11912ndA mIe POLICY NUMBER Soaf fe,'NA 98101.2952 CARRIER NAIL CODE EiiEC1NE DAiE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insurance Janimn Empgers Uabiry: Canner.SWNBI Nsuran n cor pwy Poky NMMen BOUMA211983 EBxBw Dal,DIV12021 Eapllaeon Dab 04,012022 Urr4 of dabilry 51o00,000 Um1 95,ODO 0WUot;bb Waiver of wb"3W aWas In la.,of Tin Cdy of HunUnon BB&Ch.Tin Ckf Of HiWATIOn 800dl us CMDUS,elnfW 0,aPPDhW of yl,empkpces,ajrnts ad YOUs on BR Genral tlab Ity, AMomoda Usbily"Workers Corrpenution poWes on a dansel bas's MM.e repii xl by=ren Lonaracl and stbo lo poky lemu a l wnd6crs.Geraral llabity and AvrormOto LU�`ir YBvranro i p many and nonL&jbvy Inv any e16bno Insurance"BTInet W fader adong WI of eq omations of B6 wao Hsarad wblW U Color twors and COroU , ACORD 101 (2008/01) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD fk O CERTIFICATE OF LIABILITY INSURANCE DW127021 OY12.?D21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holds(Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the forms 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 endorsements PRODUCER CONTACT . _ Man'1 Nut rvlra"Sei $ NANIT FA% CALlceme II PHONE IFM NE 633 W FM Snee' SL.1e 1200 -- - - Lna ARRAN,CA "71 Am LOSAnWift CenHa)Les!Cmars'CS' MwRERIaN AffOIIONe COVERAGE _ NICE 11026729SInd_GAINUP2122 _ A:Wanan'e Puna Mewnp Can�Mly_ _ 21373 a no COW,North Anw¢a,Inc as~A:Ainencan AuIMILde Ins Co _ 2163 11912nd Asalrus awUNMC:Lewgy imwa CoVany _ - _ "437 Stl11e.WA 90101-M 0:SWNSI k"aMt Coroarry 40M aswlNs E:A 014WIV1911 CQRINI 2lIBi MWREs1 F COVERAGES CERTIFICATE NUMBER: LOS-OD254692901 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIM I/DICATED. NOTWITHSTANDING ANY REQUIREMENT, TFRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NYTTH RESPECT TO WHICH TWO CERTIFICATE MAY BE ISSUED OR MAY PFRTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOAT!MAY HAVE BEEN REDUCED BY PAID CLAIMSACUL SLASH . ReR Tall Wa1NMIMIf.A POLGY NVYBlR POLEOYER YEXP LIRTe A X CMIIIleclALausuA4llAOKM USCO13712210 04/01=1 01 11M rACH OCCLRRENCE 1,Op0,000 CSASMa+AAOE OCLnR PFt_A95E9(EIT29awasIs 1,000.000 MED EXP(- , 3 io'wo _ FERSONAL a ADV MARV 3 _ I.== OENL AOOROATE UaeT APPIIEA PER OEaf AGGREOAT[ 3 2p00M0 X POLICE❑ f ❑LOC PROOLFCTS-CDMIDrAft 1 2A00.OW OTHER I B rAVfOYOBL[LM/LDY 2 -21-01 101 04111072 3 1,000AM % ANY AUTO BODIYN.aIRYPWOWwN 3 CARRIEDAUTOS, SCHEDULED, EO [OOIYNAMVMWMM 4 I AUTOA de.r AUT06 AUAUT AUid OaaY TO$ NLq ONLY 3 AIP�ROVED AS TO FORM I z NIMIlLawLw x OGCtsa 040imi 04,01R022 EACH OrxaMeEOE 3 6,000.000 lxwaLEAa CAyyyAM Bv AOOREMIF 3 6AM.M0 X ICHAEL E.DATES a D IatMNeAscOeroluTlaM X AIMEMPLOVOWL M VIM C TY FIF HUNTINGTON BEACH AMYPROPRNTp MT" ECUTNE ❑N EL.EACHACCIDENT 3 iAw"0 WFIOERAl MEnL"W - (EYrWaMrVN,Sim El OwF.ASE EA EMPLOYE S /,000,000 a atanewlev PATIONA pelw. El.DISEASE-POLICY LaYT E /BIIIIYI/SBIy ,@-701-5413 03fit/mi owir 71 Eadl Dawn 2.0100.000 AWrep le OD0.0013 DESCRIPTION OF OPEMTIO15 I LMATWNS I VEIaCM IaCieo M.Areal RNNAN%E scNM W.nNy N MIMEe N mon AINI Y reeNNeel Ra For SI Pwitesee CRY The CIO of H:m9npMn 8.".The City of HnM9Mn Seed43a ollow sYeMO or appointed decals empioyaes.porn and wlwlaersw Rcbead w RMOI swed weele Isalind by En Saw oN wRAN wsped M Genes Iiww!y and A.RNCtw Livelier. UstafY U311!/M Dew later of plmwy G S N I ale pry.AadoeaaM,obtry and EreploteM Latest pokows alApad M peaty Ianrs.cowlitena and aadleiNls zoo ee w Papa- CERTFICATE HOLDER _ CANCELLATION ON of HMa VW Beam SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AWN:Ball Uaeapsr and City Monier THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20M Man Sawa ACCORDANCE WITH THE POLICY PROVISIONS. HMMlplen BSNA,CA M411 AUTHORIZED REPRESENTATIVE of Marsh R.Y a ImunncE aRr ic.. �lar'.iei Zarate �...-TES Z7A� C 1988.2016 ACORD CORPORATION. All rights reserved. ACORD 25(201E-3) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 110267539 _ LOC#: Los Angeles A�® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED l:arsd Risk 8 In unarm Sewas CAM Wth AlMrca.Inc. 1191 Ind Aeeme POLICY NUMBER S"Ue,'WA.98 i01.2952 CARRIER NAIL CODE EFFECTNE DALE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CCr1lOCate of Liability Insurance Wr:ln,a ETpbjers L4b51y Carter.SwRel Inswl cortpany PWY NWUr.ROUVA2l IYai EQagi2_a16:6/,91202I Ecpiralgn Gam 04,012022 14TA Of iahlry S 000,000 Wa1 S5,X0 ceora1m Waiver d>ubmpaUW aydas in of Tta Gly of Hunen9bn BaaDn.It,Ciy ofHm•.i WBeech,iM cM...eWead or appobacei cft(M emp'oyeea,3een3 and wU4eers on Ve General Uabily, AWN a gand.Yonkers Cprpwnlbn pokies on a ownmt ba"Ma:a r0ou'+ad by udlbn wnin[I and Seo)Kt a poky bna and w 4knr,Geranl tlahLh#d Aukmlbta LlabiYy i6unnpp is Werwy aMw n:,Ai:oq over any areerg inwanco and rvaw W fabrey arhirg aulcf Ce operadws U the ra,Tad toured attar b poLry lama,a oud'ions. ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD \ City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ „x,,,v.huntingtonbeachca.gov 1109A Office of the City Clerk Robin Estanislau, City Clerk June 10, 2021 COWI North America, Inc. Attn: Jack Gerwick 555 1211 Street, Suite 1700 Oakland, CA 94607 Dear Mr. Cappellino: Enclosed is a copy of the 'Professional Services Agreement between the City of Huntington Beach and COWI North America, Inc for On-Call Civil Engineering, Surveying, & Professional Consulting Services" approved by the Huntington Beach City Council on June 1, 2021. Sincerely, q4fan4d, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand