1 RESOLUTION NO.__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
RATIFYING AND APPROVING CITY MANAGER / DIRECTOR OF EMERGENCY SERVICES’ APPROVAL AND EXECUTION OF THE EMERGENCY PUBLIC WORKS AGREEMENT (“AGREEMENT”) WITH POWER ENGINEERING
CONSTRUCTION CO. FOR THE EMERGENCY INVESTIGATION AND
STABILIZATION OF THE PACIFICA MUNICIPAL PIER
WHEREAS, on June 4, 2026, significant cracking and settlement developed at the Pacifica Municipal Pier abutment and landside span. Public Works staff responded immediately, conducted an inspection, and observed cracking, separation, and displacement of the concrete walkway and structural elements near the abutment and Chit Chat Café, and immediately closed the Pier, abutment, Pier Concession Building, public restrooms, and surrounding areas to public access; and
WHEREAS, on June 5, 2026, pursuant to Pacifica Municipal Code 4-2.05(a), the City Manager proclaimed a local emergency and executed the “Proclamation of the Existence of a Local Emergency at the Pacifica Municipal Pier” (“Proclamation”), and on June 8, 2026, by a four-fifths vote, the City Council adopted Resolution No. 33-2026 ratifying the Proclamation of local emergency and temporary closure of the Pier and adjacent beach area; and WHEREAS, the City proceeded under the emergency contracting authority provided by California Public Contract Code sections 20168 and 22050 which authorize emergency procurement without delays associated with the competitive bidding process when immediate action is necessary to respond to a sudden and unexpected occurrence that poses a clear and imminent danger to life, health, property, or essential public services; and WHEREAS, on July 14, 2026, the City issued an emergency Request for Proposals (RFP) for investigation and stabilization services covering the Pier and adjacent public infrastructure to three qualified marine contractors and on July 29, 2026, the City received one proposal from Power Engineering Construction Co. (“Power”) of Alameda, California; and WHEREAS, city staff negotiated the enclosed Emergency Public Works Agreement which authorizes investigation, engineering, construction, and stabilization activities reasonably necessary to respond to the emergency conditions affecting the Pier and adjacent public infrastructure; and
WHEREAS, the City Manager has executed the Agreement, attached hereto as Exhibit A, pursuant to the City’s emergency contracting authority; and WHEREAS, based on substantial evidence set forth in the record and minutes of this meeting, the City Council finds that the emergency conditions at the Pier will not permit a delay resulting from a competitive solicitation for bids, and that the emergency action authorized herein is necessary to respond to the emergency; and
WHEREAS, the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, and property, and the City Council intends to continue to review the emergency action at each regularly scheduled meeting, by a four-fifths vote, until the action is terminated as required by Public Contract Code section 22050. "ATTACHMENT 2"
Pacifica City Council 2 August 24, 2026
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica, by a vote of not less than four-fifths of its members, as follows:
1. The foregoing recitals are true and correct and are incorporated herein by this reference, and the City Council adopts them as its findings.
2. The City Council hereby ratifies and approves the City Manager’s execution of the Emergency Public Works Agreement with Power Engineering Construction Co. for the Emergency Investigation and Stabilization of the Pacifica Municipal Pier, in substantially the same form as the Agreement attached as Exhibit A, subject to such minor, non-substantive changes as may be approved by the City Manager and the City Attorney.
3. The City Manager, or designee, is authorized to take such further actions and to execute such related documents, change orders, and amendments as may be reasonably necessary to carry out the emergency work and the intent of this Resolution, consistent with the City’s emergency contracting authority.
4. This Resolution shall take effect immediately upon its adoption. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of August, 2026, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 1 EMERGENCY PUBLIC WORKS AGREEMENT
SECTION 1
PARTIES AND RECITALS
This Emergency Public Works Agreement (“Agreement”) is entered into as of August 25, 2026 (“Effective Date”), by and between the City of Pacifica, a municipal corporation and public agency organized and existing under the laws of the State of California (“City”), and Power Engineering Construction Co., a California corporation (“Contractor”).
The City and Contractor may each be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
A. The City owns and operates the Pacifica Pier and adjacent public infrastructure, including Beach Boulevard, pedestrian facilities, public utilities, and associated shoreline protection improvements.
B. Recent storm events, coastal processes, erosion, scour, and related conditions have resulted in damage, instability, and deterioration affecting portions of the Pacifica Pier and adjacent public infrastructure.
C. The City has determined that emergency conditions exist requiring immediate investigation, stabilization, and protection of public infrastructure to protect public health, safety, and welfare and to prevent further damage.
D. Pursuant to the City’s emergency contracting authority under applicable provisions of the California Public Contract Code and other applicable law, the City elected to procure emergency investigation, stabilization, engineering, and construction services without utilizing traditional competitive bidding procedures. The Parties acknowledge that this Agreement is entered into pursuant to the City's emergency contracting authority under California Public Contract Code sections 20168 and 22050 and applicable law. By resolution adopted by no less than a four-fifths vote of its members, the City Council has found, based on substantial evidence set forth in the minutes of its meeting, that (i) an emergency exists within the meaning of Public Contract Code section 1102, in that a sudden and unexpected occurrence poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services; (ii) the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and (iii) the emergency will not permit the delay that would result from a competitive solicitation for bids, and this action is necessary to respond to the emergency. The City Council shall review this emergency action at each regularly scheduled meeting until the action is terminated, and shall terminate the action at the earliest date that conditions warrant so that any remaining work may be completed by giving notice for bids to let contracts. Professional engineering services authorized under this Agreement are limited to those reasonably necessary to investigate, evaluate, stabilize, or otherwise respond to the emergency conditions giving rise to the Project and do not constitute a separate procurement of design services unrelated to the emergency response. 2 E. The City issued a Request for Proposals entitled:
Emergency Investigation and Stabilization Services. Pacifica Pier, Beach Boulevard, and Utility Stabilization Project
(“RFP”) seeking qualified entities capable of responding to the emergency conditions and performing the required Work.
F. Contractor submitted a proposal in response to the RFP and represented that it possesses the qualifications, experience, personnel, equipment, licenses, and expertise necessary to perform the Work.
G. Based upon Contractor’s qualifications, technical approach, demonstrated emergency response capability, experience, schedule, proposed pricing, and overall value to the City, the City selected Contractor to perform the Work described in this Agreement.
H. The Parties acknowledge that the Project is intended to be performed on a phased basis, with specific portions of the Work authorized through written Phase Authorizations or Task Orders issued by the City.
I. The Parties acknowledge that portions of the Project may be eligible for reimbursement through emergency response and disaster recovery funding programs, including programs administered by the California Governor’s Office of Emergency Services (“Cal OES”) and the Federal Emergency Management Agency (“FEMA”). Contractor agrees to maintain records and comply with documentation requirements necessary to support potential reimbursement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:
1.1 Incorporation of Recitals and Exhibits
The foregoing Recitals are incorporated into and made a part of this Agreement. The following documents are incorporated into this Agreement by reference:
• Exhibit A – General Contract Requirements;
• Exhibit B – Phase Authorization /Task Order Template; • Exhibit C – Payment and Cost Documentation Requirements; • Exhibit D – Insurance and Indemnification Requirements; • Exhibit E – FEMA / Cal OES Documentation and Compliance Requirements; • Exhibit F – Emergency Directive / Change Order Form
• Exhibit G – FEMA Federal Funding Contract Provisions
3 • Schedule 1-Contractor’s Proposal dated July 29, 2026, but only as to Section 03 (Technical Approach and Understanding of Project Challenges) thereof and solely to identify the Contractor’s technical scope and approach, and subject in all respects to Section 1.4 below; and
• Written Phase Authorizations and Task Orders issued by the City.
In the event of a conflict between the Agreement and any incorporated document, the order of precedence shall be as established in Section 2.2 of this Agreement.
1.2 No Authorization Without Written Direction
Contractor shall not commence any Work unless authorized in writing by the City through an executed Agreement, Phase Authorization, Task Order, or other written direction issued by an authorized City representative. Nothing in this Agreement shall obligate the City to authorize all phases of the Project, proceed with all contemplated improvements, or expend funds beyond amounts authorized by the City.
1.3 Emergency Nature of Project
The Parties acknowledge that the Work is being performed under emergency conditions requiring flexibility, timely decision-making, and coordination among the City, Contractor, regulatory agencies, utilities, and other stakeholders. The Parties further acknowledge that emergency conditions may require modifications to sequencing, scope, schedule, or construction methods. Any changes to authorized Work shall be documented in accordance with this Agreement.
1.4 Incorporation of Contractor’s Proposal; Non-Operative Terms The Contractor’s Proposal is incorporated solely to identify the Contractor’s technical scope and approach, and only as to Section 03 (Technical Approach and Understanding of Project Challenges) thereof. To the extent the Proposal contains any assumption, exclusion, qualification, exception, reservation, rate schedule or schedule of rates, payment term, markup, pricing total, bid item, or requested modification to this Agreement, such term is of no force or effect and does not modify, limit, or condition any obligation of the Contractor under this Agreement or any Exhibit. In any conflict between the Proposal and this Agreement, an Exhibit, or a Phase Authorization, this Agreement, the Exhibit, or the Phase Authorization controls.
Section 09 (Contract Exceptions) of the Proposal is not incorporated and is superseded in its entirety by this Agreement.
The complete Contractor’s Proposal is appended to this Agreement as Schedule 1 for reference and identification purposes only. Schedule 1 is not a Contract Document, is non-binding as to its terms, and none of the assumptions, exclusions, exceptions, reservations, rate schedule or schedule of rates, payment terms, markup, or pricing totals set forth in the Proposal shall have any contractual force or effect.
4 SECTION 2
DEFINITIONS AND CONTRACT DOCUMENTS
2.1 Definitions
For purposes of this Agreement, the following terms shall have the meanings set forth below.
Terms not defined herein shall have their ordinary meaning or shall be interpreted consistent with applicable public works contracting practices.
“Agreement” Means this Emergency Public Works Agreement, including all incorporated exhibits, attachments, Phase Authorizations, Task Orders, Change Orders, and other written amendments executed by the Parties.
“Cal OES” Means the California Governor’s Office of Emergency Services, or any successor agency responsible for administering applicable state emergency assistance programs. “Change Order” Means a written modification to the Agreement, Scope of Services, Compensation, Schedule, or other Contract Document executed or authorized in accordance with this Agreement.
“City” or “Owner” Means the City of Pacifica, including its authorized representatives, officers, employees, agents, and consultants acting within the scope of their authority. “Contract Documents” Means this Agreement and all documents incorporated herein, including:
• Exhibits;
• Contractor’s Proposal;
• Phase Authorizations;
• Task Orders;
• Change Orders;
• written directives issued by the City;
• applicable funding agency requirements; and
• other documents expressly incorporated into this Agreement. “Contractor” Means Power Engineering Construction Co., the entity entering into this Agreement with the City and responsible for performing the authorized Work. “Emergency Work” Means investigation, engineering, stabilization, construction, temporary measures, and related activities necessary to address emergency conditions affecting the Pacifica Pier and adjacent public infrastructure. Emergency Work may include temporary or permanent measures, as authorized by the City.
5 “FEMA” Means the Federal Emergency Management Agency or any successor federal agency administering applicable disaster assistance programs.
“Final Completion” Means completion of all authorized Work, correction of identified deficiencies, submission of required documentation, and acceptance of the Work by the City. “Owner’s Representative” Means the consultant or representative retained by the City to assist with project administration, technical review, cost evaluation, coordination, and other advisory services as designated by the City.
“Phase Authorization” Means a written authorization issued by the City identifying a specific portion of the Project authorized for performance, including applicable scope, schedule, and compensation.
“Project” Means the emergency investigation, stabilization, engineering, and related work associated with the Pacifica Pier and adjacent public infrastructure described in this Agreement. “Task Order” Means a written authorization issued by the City directing Contractor to perform specific Work, services, investigations, or activities within the scope of this Agreement. “Work” Means all labor, materials, equipment, engineering services, construction services, supervision, temporary facilities, documentation, and other activities required to complete the authorized Project in accordance with the Contract Documents.
2.2 Contract Documents and Order of Precedence
The Contract Documents are intended to be complementary. Contractor shall perform the Work in accordance with all applicable Contract Documents.
In the event of a conflict between Contract Documents, the following order of precedence shall apply unless otherwise stated in a written amendment:
1. Executed Change Orders or written amendments to this Agreement;
2. This Agreement;
3. Phase Authorizations and Task Orders;
4. Written directives issued by the City;
5. Exhibits to this Agreement;
6. General Contract Requirements;
7. Federal Contract Provisions, if applicable;
8. Contractor’s Proposal, only as to the technical scope and approach incorporated under Section 1.4 and not otherwise; and
9. Reference documents provided with the RFP, including Schedule 1 (Contractor’s Proposal, reference copy).
6 Notwithstanding the foregoing, Contractor acknowledges that reference documents, including prior assessments, drawings, reports, and photographs provided by the City, are informational only and do not modify Contractor’s obligations under this Agreement.
2.3 Interpretation of Emergency Conditions
The Parties acknowledge that the Project involves emergency conditions that may require expedited decisions, modified sequencing, temporary measures, and adjustments to the Work as additional information becomes available. Nothing in this Section shall relieve Contractor of its obligations to perform the Work in accordance with applicable laws, permits, safety requirements, and the Contract Documents.
SECTION 3
SCOPE OF WORK AND PHASE AUTHORIZATIONS
3.1 General Scope of Work
Contractor shall perform the Work described in this Agreement, the RFP, Contractor’s Proposal, applicable Phase Authorizations, Task Orders, and other Contract Documents incorporated herein. The Work generally consists of emergency investigation, engineering services, stabilization, construction, and related activities necessary to protect the Pacifica Pier and adjacent public infrastructure, including Beach Boulevard, pedestrian facilities, public utilities, sewer infrastructure, shoreline improvements, and related facilities. Contractor shall furnish all labor, supervision, engineering services, materials, equipment, temporary facilities, temporary works, construction support, documentation, and incidentals necessary to complete the authorized Work, unless expressly identified as the responsibility of the City.
3.2 Professional Engineering Services
Where included within an authorized Phase Authorization or Task Order, Contractor shall provide professional engineering services necessary to support the Project. Such services may include evaluation of existing conditions, field investigations, engineering analysis, preparation of calculations, preparation of drawings and technical documents, construction support services, responses to technical questions, review of field conditions, preparation of record documentation, and other engineering services reasonably necessary to complete the authorized Work. All engineering services shall be performed under the responsible charge of a Professional Engineer licensed in the State of California. Contractor shall remain responsible for the accuracy, completeness, and adequacy of engineering documents prepared by Contractor.
3.3 Construction Services
Where authorized by the City, Contractor shall provide construction services necessary to complete the Work. Such services may include mobilization and demobilization, site preparation, public safety measures, temporary works, temporary stabilization, permanent stabilization, structural repairs, utility protection, material installation, testing and inspection coordination, restoration activities, and project closeout documentation. Contractor shall be solely responsible for construction means, methods, techniques, sequences, procedures, and site safety. 7 3.4 Phased Work Authorization
The Parties acknowledge that the Project is intended to proceed in phases due to emergency conditions, evolving site information, regulatory requirements, funding considerations, and the need to prioritize protection of critical infrastructure.
The anticipated phases include the following:
Phase 2 – Pacifica Pier Investigation and Stabilization. Phase 2 may include investigation, engineering, stabilization, temporary support systems, and related activities associated with the landside portion of the Pacifica Pier.
Phase 1 – Beach Boulevard and Utility Investigation and Stabilization. Phase 1 may include investigation, engineering, emergency stabilization, shoreline protection, utility protection, access improvements, temporary support measures, and related activities necessary to protect Beach Boulevard, utilities, and adjacent public infrastructure.
Phase 1A – Interim Beach Boulevard and Utility Protective Measures. Phase 1A means a reduced or interim subset of the Phase 1 work, consisting of those emergency protective and temporary stabilization measures reasonably capable of completion before the onset of winter storm conditions, as determined by the City.
Phase 3 – Abutment Removal. Phase 3 may include removal of the deteriorated pier abutment and associated sheet pile wall, together with related drainage improvements, once the abutment is no longer required for structural support. Phase 3 removal shall not be performed until it is reasonably clear, based on engineering findings, that demolition of the abutment will not destabilize the Pacifica Pier, Beach Boulevard, adjacent utilities, or the shoreline protection system.
Phase 4 – Shoreline Protection. Phase 4 may include placement of supplemental shoreline protection (riprap) as necessary, following removal of the deteriorated abutment under Phase 3, to protect the new and stabilized shoreline infrastructure, reduce future scour and erosion, and maintain continuity with adjacent sections of shoreline and seawall.
Preconstruction activities under any phase may include site investigations, utility investigations and potholing, geotechnical investigations, survey control, baseline condition documentation, detailed structural evaluation of the existing abutment and pier approach, inspection and supplementation or repositioning of existing temporary riprap to reduce continued erosion, scour, or loss of support at the abutment, and establishment of a preconstruction monitoring program (including vibration, crack, survey, and abutment-movement monitoring, and monitoring of nearby utilities, pavement, MSE seawall elements along Beach Boulevard, and pier components in the vicinity of construction). To allow the City to evaluate the combined stabilization system, construction interfaces, vibration and utility risks, and the final stabilized condition, the City may direct that the design for Phase 1A, Phase 2, and Phase 3 be advanced concurrently.
Notwithstanding the numbering of the phases, the Parties acknowledge and agree that the City intends to authorize the Work in the following general sequence: first, Phase 2 (Pacifica Pier investigation and stabilization), in order to establish an independent load path for the first span of the Pier and to shore and protect the Pier before pile-driving and other ground-disturbing activity 8 adjacent to it; thereafter, either Phase 1A or Phase 1 (Beach Boulevard and utility stabilization), as the City determines in its sole discretion based upon what can reasonably be accomplished before the onset of winter storm conditions; thereafter, Phase 3 (removal of the deteriorated abutment), only once it is reasonably clear that removal will not destabilize the Pier, Beach Boulevard, utilities, or the shoreline protection system; and thereafter, Phase 4 (shoreline protection), following removal of the deteriorated abutment under Phase 3.
Nothing in this Section obligates the City to authorize Phase 1, Phase 1A, Phase 3, Phase 4, or the remainder of any phase, or to authorize the phases in any particular sequence. The City may modify, combine, divide, expand, reduce, delay, resequence, or discontinue any phase based upon engineering findings, emergency conditions, regulatory requirements, available funding, public safety considerations, seasonal or weather conditions, or other circumstances determined by the City. Once emergency stabilization construction is complete, the City may separately develop and authorize a long-term plan for the Pier and former abutment area, including rehabilitation, replacement, or removal, which is not within the scope of the phases authorized under this Agreement unless expressly added by written Phase Authorization or amendment.
3.5 Phase Authorizations and Task Orders
Contractor shall not commence Work unless authorized by a written Phase Authorization or Task Order issued by the City. Each Phase Authorization or Task Order shall identify, as applicable, the authorized scope of Work, deliverables, schedule, compensation method, not-to-exceed amount or other pricing basis, responsible City representative, required documentation, applicable funding requirements, and other terms necessary for completion of the authorized Work. Only Work authorized in writing by the City shall be eligible for payment.
3.6 Emergency Direction and Immediate Protective Measures The Parties acknowledge that emergency conditions may require immediate action before a formal Phase Authorization or Task Order can be prepared. If Contractor identifies a condition requiring immediate action to protect life, public safety, or prevent substantial damage to public infrastructure, Contractor shall immediately notify the City. The City may issue written direction authorizing emergency protective measures. Contractor shall document the condition requiring immediate action, the work performed, labor and equipment utilized, materials incorporated, duration of response, and costs incurred. Emergency action taken without prior written authorization shall not be compensable unless subsequently approved in writing by the City.
3.7 Standard of Performance
Contractor shall perform the Work in a professional and workmanlike manner, consistent with applicable industry standards, applicable to the current emergency condition of the pier and adjacent public infrastructure in compliance with applicable laws, permits, and regulations, in accordance with the Contract Documents, and in a manner that protects public health, safety, and existing infrastructure.
9 3.8 Defective Work; Warranties
Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to City for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to the City and in accordance with City’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the City’s resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, the City shall have all rights and remedies granted by law. The one-year warranty period for each authorized item of Work shall commence upon Final Completion and acceptance of that Work by the City. The warranties in this Section are not waived, reduced, or excused by reason of storm, weather, wave, tide, or other coastal events; the allocation of risk for loss of or damage to the Work arising from such events is governed by Section 9.10 (Risk of Loss; Storm Damage to Work) and by the All-Risk Course of Construction insurance required under Exhibit D. Contractor's warranty obligations extend to the quality and adequacy of Contractor's own Work and materials and do not constitute a warranty of the pre-existing condition of the Pacifica Pier, abutment, or other existing infrastructure not constructed by Contractor.
3.9 Matters Outside Current Scope; Damaged Abutment, Café Structure, and State Lands Obligations
The Parties acknowledge that the currently authorized Work does not include long-term stabilization, repair, or removal of the damaged Pier abutment, demolition of the former Chit Chat Café structure, or performance of the City's repair-or-remove obligations under its State Lands Commission lease, unless and to the extent such work is expressly added by a written Phase Authorization, Task Order, or Change Order. The Parties further acknowledge that the abutment is expected to continue to move or fail seaward. Contractor shall design, sequence, and install its shoring and stabilization measures so as to account for reasonably anticipated movement or failure of the abutment during the performance of the Work, and shall promptly notify the City if observed abutment or adjacent-structure conditions threaten the safety, integrity, or schedule of the Work. Responsibility for the abutment, the Café structure, and the City's State Lands lease obligations is reserved to the City, and nothing in this Agreement transfers those matters to Contractor absent express written authorization.
Contractor shall conduct its operations so as to prevent construction and demolition debris generated by the Work from entering coastal waters. If debris generated by the Work, or debris resulting from movement or failure of the abutment or other existing structures, enters or is at imminent risk of entering coastal waters, Contractor shall immediately notify the City so that the 10 City may provide any notification required to the California State Lands Commission, the California Coastal Commission, the U.S. Army Corps of Engineers, and the applicable Regional Water Quality Control Board. Contractor shall be responsible, at its sole cost, for the containment, recovery, and lawful disposal of debris resulting from Contractor's own operations, and shall cooperate with the City and applicable agencies regarding debris not caused by Contractor's operations.
SECTION 4
TERM AND COMMENCEMENT OF WORK
4.1 Effective Date and Term
This Agreement shall become effective on the Effective Date stated in the Agreement and shall remain in effect until completion of all authorized Work, unless earlier terminated in accordance with the terms of this Agreement. The City shall have no obligation to authorize any specific phase of the Project, and Contractor shall have no right to commence any phase of the Work unless authorized in accordance with this Agreement.
4.2 Notice to Proceed
Following execution of this Agreement, the City may issue a written Notice to Proceed (“NTP”) or Phase Authorization authorizing Contractor to commence specific Work. The NTP or Phase Authorization shall identify, as applicable, the authorized scope of Work, commencement date, required completion date, applicable compensation terms, reporting requirements, applicable funding requirements, and other conditions applicable to the authorized Work. Contractor shall not commence Work prior to the authorized commencement date unless directed in writing by the City.
4.3 Phase Commencement
The Parties acknowledge that the Project will proceed through separate phases and that each phase may require additional investigation, engineering evaluation, regulatory coordination, funding review, and scope refinement. The City may issue Phase Authorizations in any sequence and may authorize only portions of a contemplated phase. Commencement of one phase shall not obligate the City to authorize any subsequent phase, establish any right to additional Work, establish any minimum compensation obligation, or limit the City’s ability to modify the Project.
4.4 Time of Performance
Contractor shall diligently prosecute the authorized Work in accordance with the schedule established in the applicable Phase Authorization, Task Order, or NTP. Contractor shall provide timely notice to the City of any condition that may affect commencement, progress, completion, cost, regulatory compliance, or public safety. Contractor shall promptly submit recommendations for addressing any anticipated delay or impact. 11 4.5 Emergency Conditions and Schedule Adjustments
The Parties acknowledge that the Project involves emergency conditions and work in a dynamic coastal environment. The City may direct changes to sequencing, priorities, access requirements, or temporary measures when necessary to protect public health and safety, prevent additional damage, respond to changed site conditions, comply with regulatory requirements, or coordinate with funding agencies. Contractor shall cooperate with such adjustments and shall provide updated schedules and cost impacts when requested by the City.
4.6 Completion and Closeout
Contractor shall complete each authorized phase of Work in accordance with the applicable Phase Authorization and Contract Documents. Upon completion of authorized Work, Contractor shall provide all required closeout documentation, including, as applicable, final reports, record drawings, inspection documentation, warranties, releases, cost documentation, photographs, outstanding issue logs, and other documentation required by the Agreement. The City shall review the completed Work and determine whether the authorized Work has been satisfactorily completed.
SECTION 5
CONTRACTOR RESPONSIBILITIES
5.1 General Contractor Obligations
Contractor shall perform all authorized Work in accordance with this Agreement, the Contract Documents, applicable laws, permits, and accepted professional and construction practices.
Contractor shall furnish all labor, supervision, professional services, materials, equipment, tools, temporary facilities, temporary works, transportation, utilities required for Contractor’s operations, and incidentals necessary to complete the authorized Work, unless expressly identified as the responsibility of the City. Contractor shall be solely responsible for the performance, coordination, and completion of the Work assigned to Contractor.
5.2 Means, Methods, and Construction Responsibility
Contractor shall be solely responsible for construction means and methods, construction techniques, sequencing of operations, temporary works, temporary support systems, construction equipment, workforce supervision, coordination of subcontractors, and protection of the Work during performance. The City, Owner’s Representative, and their consultants may review, comment on, or observe Contractor’s Work; however, such review, comment, approval, or observation shall not relieve Contractor of responsibility for the Work.
5.3 Professional Engineering Responsibility
Where Contractor provides engineering services, Contractor shall ensure that such services are performed under the responsible charge of a Professional Engineer licensed in the State of California. Contractor shall be responsible for the accuracy of engineering calculations, adequacy of engineering recommendations, completeness of technical documents, coordination between engineering and construction activities, and compliance with applicable professional 12 standards. Review or acceptance by the City does not relieve Contractor of its professional obligations.
5.4 Site Investigation and Existing Conditions
Contractor acknowledges that the Project involves emergency conditions and a complex coastal environment. Contractor shall evaluate available project information, verify conditions affecting the Work, identify reasonably foreseeable conflicts, coordinate additional investigations necessary to perform the authorized Work, and promptly notify the City of materially different conditions that may affect cost, schedule, safety, or scope. Contractor shall not rely solely upon reference documents provided by the City and shall perform its own evaluation of conditions affecting the Work.
5.5 Public Safety and Protection of Existing Facilities Contractor shall maintain appropriate measures to protect the public, City employees, adjacent property, pedestrians, vehicles, utilities, existing structures, environmental resources, and completed Work. Contractor shall install and maintain public protection measures before commencing construction activities that create a safety risk. Contractor shall maintain safe access and emergency access routes as required by the City.
5.6 Permits and Regulatory Compliance
Contractor shall comply with all applicable federal, state, and local laws, regulations, permits, and agency requirements. Unless otherwise assigned to the Contractor in the Contract Documents, City shall obtain and maintain permits and approvals necessary for Contractor’s operations. Contractor shall provide reasonable assistance to the City in obtaining permits, environmental approvals, and regulatory clearances required for the Project. Contractor shall promptly notify the City of any regulatory condition, permit requirement, or agency directive that may affect the Work.
5.7 Utilities and Coordination
Contractor shall coordinate with utility owners, protect existing utilities, perform utility investigations as necessary, promptly report utility conflicts, coordinate utility relocation or protection measures when authorized, and maintain utility service to the extent required by the City. Contractor shall not interrupt public utilities without prior coordination and authorization from the City and applicable utility owner.
5.8 Subcontractors and Suppliers
Contractor shall be responsible for all subcontractors, consultants, suppliers, and vendors performing Work under this Agreement. Contractor shall verify subcontractor qualifications, ensure subcontractors comply with applicable contract requirements, coordinate subcontractor activities, remain responsible for subcontractor performance, and maintain records identifying subcontractors and suppliers. No subcontracting shall relieve Contractor of any obligation under this Agreement.
13 5.9 Quality Control and Inspection
Contractor shall implement appropriate quality control procedures to ensure the Work complies with the Contract Documents. Contractor shall perform required testing, coordinate inspections, correct defective Work, maintain quality records, and provide documentation requested by the City. The City’s inspection or acceptance of Work shall not relieve Contractor of responsibility for defective or nonconforming Work.
5.10 Project Documentation and Reporting
Contractor shall maintain complete and accurate project records, including daily reports, labor classifications and hours, equipment usage records, material quantities and costs, subcontractor records, invoices, photographs, schedule updates, safety records, inspection records, and other documentation required by the City or funding agencies. Contractor shall provide regular progress reports in a format acceptable to the City.
5.11 Cal OES and FEMA Documentation Support
Because portions of the Project may be funded through emergency assistance or disaster recovery programs, Contractor shall maintain records sufficient to support reimbursement requests. Contractor shall cooperate with documentation requests from the City, Cal OES, FEMA, auditors, inspectors, funding agencies, and governmental authorities. Contractor shall provide cost documentation necessary to demonstrate eligibility of Work performed, reasonableness of costs, labor and equipment utilization, procurement of subcontracted work, and completion of authorized activities.
5.12 Environmental Protection
Contractor shall conduct the Work in a manner that minimizes impacts to coastal resources, public access, wildlife, water quality, surrounding properties, and the environment. Contractor shall comply with all environmental requirements applicable to the authorized Work.
5.13 Duty to Notify City
Contractor shall immediately notify the City of any condition that may threaten public safety, cause additional damage, delay completion, increase cost, affect regulatory compliance, affect funding eligibility, or require a change in authorized Work.
5.14 Earthwork and Underground Facilities
If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify the City in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and the City (or 14 a registered civil or structural engineer employed by the City) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
Consistent with Government Code Section 4215, as between the City and Contractor, the City will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.
5.15 Project Site Conditions and Maintenance
Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws.
(B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Owner’s Representative notifies Contractor that an airborne nuisance exists.
The Owner’s Representative may direct that Contractor provide an approved water-spraying truck for this purpose. If water is used for dust control, Contractor will only use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials.
(1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property.
(2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping.
(D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or 15 mortar, or any associated washings, to be disposed of onto streets, into manholes, into the storm drain system, or into the ocean.
(E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures.
(F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to Contractor.
5.16 Vibration Monitoring and Protection of Third-Party Property The Parties acknowledge that pile-driving and other ground-disturbing Work may induce ground movement and could cause deformation or damage to the mechanically stabilized earth (MSE) wall, the Bent A support and Span 1, adjacent residences, and other nearby public and private property. Before commencing any pile-driving or other vibration-generating Work, Contractor shall, as conditions of proceeding: (a) conduct and document a pre-construction condition survey of the MSE wall, adjacent structures, utilities, and reasonably accessible neighboring properties potentially affected by the Work; (b) submit for the City's acceptance a vibration monitoring plan establishing monitoring locations and peak-particle-velocity or equivalent thresholds, together with the responsive actions Contractor will take if a threshold is approached or exceeded; and (c) perform continuous or periodic vibration monitoring during such Work as specified in the accepted plan. Responsibility for damage to third-party or City property caused by Contractor's operations is allocated as provided in Section 12 and Exhibit D. Contractor shall not defer the matters required by this Section to a post-award scoping document, and vibration- or groundmovement-related damage shall not be treated as an excluded cost or an allowance absent the City's prior written agreement.
5.17 Confirmation of Condition Assumptions
Contractor acknowledges that its proposed scope, means and methods, schedule, and pricing rest on preliminary and, in part, unverified assumptions regarding existing conditions, including assumptions concerning the span-to-cap connection and the adequacy and repairability of the existing pile bents. Contractor shall confirm these assumptions through its own Phase 2 and, as applicable, Phase 1 investigation before the corresponding scope and price are finalized in a Phase Authorization. Contractor shall not rely upon any draft engineering report that, by its terms, is not to be relied upon, as the basis for a fixed scope, a fixed price, or any representation 16 to the City, Cal OES, or the City's insurer. If investigation discloses conditions materially worse than assumed, the matter shall be addressed under Section 8 (Changes and Additional Work).
5.18 Coordination of Public and Agency Communications; Consistency of Records Contractor shall route its reports, drawings, assessments, and other Project deliverables to the City and shall not transmit them, or make statements characterizing the cause, origin, or history of the damage to the Pacifica Pier and adjacent infrastructure, to Cal OES, FEMA, the City's insurer or its adjuster, the media, or the public, except through or as directed by the City.
Contractor shall cooperate with the City so that the descriptions of scope, cause, condition, and cost in Contractor's deliverables are accurate and consistent with the record the City submits to its funding agencies and insurer. This Section does not limit Contractor's obligations to respond truthfully to a lawful audit, subpoena, or regulatory inquiry, or to make any report required by law or permit; Contractor shall promptly notify the City of any such required communication.
5.19 Proposal Exclusions and Assumptions Not Operative
Notwithstanding any exclusion, exception, or assumption in the Contractor’s Proposal, Contractor shall provide All-Risk Course of Construction insurance as required by Exhibit D, shall perform the pre-construction condition survey and vibration monitoring required by Section
5.16, and shall perform all obligations of this Agreement and each Exhibit without regard to any exclusion, exception, assumption, or reservation stated in the Proposal. No such Proposal exclusion, exception, assumption, or reservation shall reduce, limit, or excuse any obligation of the Contractor under this Agreement.
5.20 City-Furnished Information and Preliminary GHD Deliverables; No Warranty; Contractor Responsible for Investigation and Design
Contractor acknowledges that the drawings, reports, assessments, and other information prepared by the City's engineer, GHD, including the June 2026 abutment condition assessment and any related concept or design drawings, are preliminary and, in whole or in part, marked or otherwise identified as draft and not final. Such materials, together with all other existing information, assessments, drawings, reports, and photographs furnished by or on behalf of the City, are provided for informational purposes only. The City does not warrant, and shall not be deemed to have warranted, the accuracy, completeness, or sufficiency of such materials, and Contractor shall not rely upon them as a representation of existing conditions or as the basis for a fixed scope, a fixed price, or any representation to the City, Cal OES, or the City's insurer. Contractor is solely responsible for conducting its own investigation, for verifying existing conditions affecting the Work, and for performing the engineering effort necessary to finalize its recommended design. This Section supplements, and does not limit, Sections 2.2, 5.4, and 5.17. 17 SECTION 6
CITY RESPONSIBILITIES
6.1 General City Responsibilities
The City shall administer the Agreement and provide reasonable cooperation necessary for Contractor to perform the authorized Work. The City’s responsibilities shall be limited to those expressly identified in the Contract Documents.
6.2 Designated City Representative
The City shall designate a representative authorized to administer the Agreement and coordinate with Contractor regarding Phase Authorizations, Task Orders, schedules, submittals, payment requests, project coordination, contract administration, and other matters identified by the City.
The City’s designated representative may coordinate with the Owner’s Representative and other City consultants in carrying out these responsibilities.
6.3 Existing Information and Documents
The City shall provide Contractor with available project information in the City’s possession, including, as applicable, existing drawings, prior inspection reports, assessment reports, photographs, available studies, known utility information, and other reference materials.
Contractor acknowledges that such information is provided for convenience and informational purposes only and that Contractor remains responsible for independently evaluating conditions affecting the Work.
6.4 Access to Project Site
Subject to applicable requirements and safety considerations, the City shall provide Contractor reasonable access to City-controlled portions of the Project site necessary to perform authorized Work. The City does not guarantee unrestricted access where access is affected by public safety concerns, regulatory requirements, weather, coastal conditions, third-party rights, utilities, or other circumstances beyond the City’s control.
6.5 Coordination and Agency Communication
The City shall coordinate, as appropriate, with regulatory agencies, utilities, public stakeholders, funding agencies, adjacent property owners, and other governmental entities. Contractor shall provide technical information and support reasonably necessary for such coordination. Unless expressly assigned to Contractor, the City shall retain responsibility for agency policy decisions, funding decisions, and owner approvals.
6.6 Review of Contractor Submittals
The City may review Contractor submittals, including schedules, cost proposals, engineering documents, work plans, reports, payment applications, and other Contract Documents. City review, comment, approval, or acceptance shall not relieve Contractor of responsibility for 18 accuracy, completeness, compliance with applicable requirements, construction means and methods, or performance of the Work.
6.7 Payments
The City shall review and process properly submitted payment requests in accordance with this Agreement. The City’s payment obligations shall be limited to Work authorized by the City, performed in accordance with the Agreement, and supported by required documentation. The City shall have no obligation to pay for unauthorized Work unless subsequently approved in writing by the City.
6.8 Regulatory and Funding Decisions
The City shall retain responsibility for decisions regarding project funding strategy, acceptance of reimbursement requirements, selection among alternative project approaches, final owner decisions, authorization of additional phases, and approval of changes affecting City obligations.
Contractor acknowledges that approval, eligibility, or reimbursement decisions by Cal OES, FEMA, or other agencies are outside the City’s control.
6.9 No Assumption of Contractor Responsibility
Nothing in this Agreement shall be interpreted as requiring the City to direct Contractor’s construction means and methods, supervise Contractor’s employees, control Contractor’s safety program, guarantee site conditions, warrant the completeness of reference documents, or assume responsibility for Contractor’s performance.
SECTION 7
COMPENSATION AND PAYMENT
7.1 General Compensation Requirements
The City shall compensate Contractor only for authorized Work performed in accordance with this Agreement, applicable Phase Authorizations, Task Orders, and Contract Documents.
Contractor shall not be entitled to compensation for unauthorized Work, Work outside the approved scope, costs not supported by required documentation, or costs incurred contrary to the terms of this Agreement.
7.2 Phase-Based Compensation
Because the Project involves emergency conditions and evolving site information, compensation may be established separately for each Phase Authorization or Task Order. Each Phase Authorization or Task Order shall identify the applicable compensation method, which may include lump sum pricing, unit pricing, time and materials, cost reimbursement with agreed markups, negotiated not-to-exceed amounts, or other pricing methods approved in writing by the 19 City. The City shall have no obligation to authorize additional phases or additional compensation unless approved in writing by an authorized City representative.
7.3 Cost Reasonableness
Contractor acknowledges that the City is responsible for ensuring that costs associated with the Project are reasonable and adequately documented. Contractor shall provide sufficient cost information to allow the City to evaluate proposed pricing, including labor classifications and rates, equipment rates, material costs, subcontractor costs, supplier quotations, overhead, profit, assumptions, exclusions, and other cost information reasonably requested by the City. The City may request additional documentation or justification regarding proposed costs before approving payment or additional Work.
7.4 Time and Materials Work
Where Work is authorized on a time and materials basis, Contractor shall maintain daily records identifying employee names or classifications, hours worked, equipment used, equipment hours, materials incorporated, subcontractor activities, location of work performed, description of activities, and supporting documentation. Contractor shall submit time and materials records in a format acceptable to the City. Failure to maintain adequate records may result in rejection or adjustment of payment requests.
7.5 Not-to-Exceed Amounts
The City may establish a not-to-exceed amount for any Phase Authorization, Task Order, or category of Work. Contractor shall not exceed an approved not-to-exceed amount without prior written authorization from the City. Contractor shall provide timely notice when it anticipates that authorized costs may exceed approved amounts.
7.6 Payment Requests
Contractor shall submit payment requests in accordance with the schedule and procedures established by the City. Each payment request shall include, as applicable, a description of Work completed, percentage of completion, labor records, equipment records, material invoices, subcontractor invoices, photographs, schedule updates, cost summaries, and other supporting documentation required by the City. The City may withhold payment for disputed amounts, incomplete documentation, defective Work, or unauthorized costs.
7.7 Retention
The City may withhold retention from progress payments in accordance with applicable law and the terms of this Agreement. Retention shall not be released until completion of the applicable authorized Work and satisfaction of closeout requirements. Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).
20 7.8 Changes in Scope and Additional Compensation
Contractor shall not perform additional Work, changes in scope, or modifications to authorized Work without written authorization from the City. Requests for additional compensation shall include a description of changed conditions or additional Work, the reason the Work was necessary, proposed cost, schedule impact, supporting documentation, and any other information requested by the City. The City may approve, reject, or negotiate requests for additional compensation.
7.9 Funding and Reimbursement Requirements
Contractor acknowledges that portions of the Project may be submitted for reimbursement through Cal OES, FEMA, or other funding programs. Contractor shall provide documentation reasonably necessary for the City to demonstrate eligibility of costs, reasonableness of costs, procurement compliance, completion of authorized Work, and compliance with funding requirements. Contractor shall not represent to any funding agency that reimbursement is guaranteed. The City’s obligation to pay Contractor shall not depend upon receipt of reimbursement from FEMA, Cal OES, or any other funding source unless expressly stated otherwise in a written agreement.
7.10 Audit and Review of Costs
The City, Cal OES, FEMA, and other authorized governmental agencies shall have the right to review, inspect, audit, and copy records relating to compensation and costs under this Agreement. Contractor shall maintain records and make them available in accordance with the Agreement and applicable law.
7.11 Estimates; Conversion to Not-to-Exceed Pricing; Overruns Contractor acknowledges that the bid items, unit costs, and totals set forth in Contractor's Proposal are preliminary estimates provided for comparison and planning purposes and do not constitute a fixed or guaranteed price. Before Work under any phase proceeds, the applicable pricing shall be established in the corresponding Phase Authorization as a lump sum, unit price, or a negotiated not-to-exceed amount, developed on an open-book basis and supported by the cost documentation required under Exhibit C. Except to the extent the City approves an increase in writing, costs exceeding an approved lump sum or not-to-exceed amount are the responsibility of Contractor and shall not be reimbursed. Contractor shall promptly reconcile and correct any acknowledged errors in its bid items (including the unit-cost error identified by Contractor) before those items are incorporated into a Phase Authorization. Allowances, contingencies, and estimated quantities shall be reconciled to actual, documented cost, and no allowance shall be paid except to the extent of Work actually performed and documented.
7.12 Segregation of Emergency and Permanent (Betterment) Costs In each cost proposal, guaranteed maximum price or not-to-exceed submission, and payment request, Contractor shall separately identify and segregate (a) costs attributable to emergency 21 protective measures and temporary stabilization from (b) costs attributable to permanent, intermediate, or upgraded construction, including any corrosion allowance, thicker or reinforced sections, protective coatings, encasement, or other elements that extend beyond restoring the affected facility to its pre-event kind, quality, and function. This segregation shall be maintained from the outset so that reimbursable emergency work and non-reimbursable permanent or betterment work can be tracked separately for purposes of the City's Cal OES/CDAA and insurance positions. Costs that are not so segregated may be withheld until the segregation is provided.
SECTION 8
CHANGES AND ADDITIONAL WORK
8.1 General Change Authority
The City may modify the authorized Work, including scope, sequencing, schedule, quantities, methods of delivery, or other requirements, through written authorization in accordance with this Agreement. Changes may be required due to emergency conditions, unforeseen site conditions, investigation findings, structural conditions, utility conflicts, environmental or regulatory requirements, public safety considerations, funding requirements, or other circumstances affecting the Project. Contractor shall promptly comply with authorized changes.
8.2 Written Change Authorization Required
Contractor shall not perform additional Work, changed Work, or Work outside an authorized Phase Authorization or Task Order without prior written authorization from the City, except as expressly permitted for emergency protective measures under this Agreement. A verbal direction, discussion, recommendation, or observation by City personnel shall not constitute authorization for additional compensation unless confirmed in writing by an authorized City representative.
8.3 Change Requests by Contractor
If Contractor believes that a condition requires a change to the authorized Work, Contractor shall promptly submit a written request to the City. The request shall include, as applicable, a description of the proposed change, the reason for the change, supporting technical information, drawings or calculations, proposed cost impact, proposed schedule impact, impacts to permits or regulatory approvals, and other information requested by the City. Contractor shall continue performance of unaffected Work unless otherwise directed by the City.
8.4 Change Order Process
Changes affecting compensation, schedule, or scope shall be documented through a written Change Order, revised Phase Authorization, Task Order amendment, or other written authorization acceptable to the City. Each approved change shall identify, as applicable, revised scope, additional or reduced compensation, revised schedule, funding source if applicable, required documentation, special conditions, and approval authority. 22 8.5 Differing Site Conditions
Contractor acknowledges that the Project involves an existing coastal facility and emergency conditions that may include unknown or concealed conditions. If Contractor encounters conditions materially different from those reasonably anticipated based upon the Contract Documents, Contractor shall immediately notify the City, protect the site and public safety, document the condition, avoid unnecessary disruption of Work, and provide recommendations for addressing the condition. The City shall determine whether the condition requires a change in scope, additional investigation, modified construction methods, or other action.
8.6 Emergency Protective Measures
If immediate action is required to protect life, public safety, or prevent substantial damage to public infrastructure, Contractor may take reasonable emergency protective measures after notifying the City as soon as practicable. Contractor shall document the emergency condition, actions taken, personnel and equipment utilized, materials used, duration of activities, and associated costs. Payment for emergency protective measures shall be subject to City review and written approval.
8.7 Regulatory and Agency-Required Changes
The City may direct changes required by permitting agencies, environmental agencies, utility owners, Cal OES, FEMA, other governmental authorities, or changes in applicable law.
Contractor shall provide timely information regarding cost, schedule, and technical impacts associated with such changes.
8.8 No Constructive Changes
Contractor shall not be entitled to additional compensation based solely upon City review comments, requests for clarification, inspections, coordination meetings, review of submittals, or ordinary administration of the Agreement. Contractor shall provide written notice of any claim that a City action constitutes a change to the Work.
8.9 Documentation of Changes
Contractor shall maintain complete records relating to all approved changes, including authorizations, cost records, schedule impacts, labor and equipment records, materials documentation, photographs, correspondence, and other supporting information.
8.10 Adjustments to Contract Prices for Changes
The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components 23 that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs.
(A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation.
(B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%:
(1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup;
(2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup;
(3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup; (4) All direct additional subcontract costs plus 5% markup for Work performed by Subcontractors; and
(5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums.
SECTION 9
SCHEDULE, DELAYS, AND TIME EXTENSIONS
9.1 Contractor Responsibility for Schedule
Contractor shall diligently prosecute the authorized Work and shall perform the Work in accordance with the schedule established in the applicable Phase Authorization, Task Order, Notice to Proceed, or other written authorization issued by the City. Contractor shall provide sufficient personnel, equipment, supervision, and resources necessary to maintain progress and complete the authorized Work within the approved schedule. 24 9.2 Project Schedule Requirements
For each authorized phase of the Project, Contractor shall provide a schedule identifying, as applicable, major activities, investigation milestones, engineering milestones, permitting activities, procurement activities, mobilization, construction activities, testing and inspection, substantial completion, final completion, and required deliverables. Contractor shall update the schedule as requested by the City.
9.3 Notice of Delay
Contractor shall promptly notify the City in writing of any condition that may affect completion of the authorized Work, including delays in progress, potential schedule impacts, changed conditions, material availability issues, subcontractor impacts, regulatory issues, utility conflicts, weather impacts, or other circumstances affecting performance.
Notice shall include the cause of delay, anticipated duration, affected activities, proposed mitigation measures, and anticipated cost or schedule impacts, if any.
9.4 Mitigation of Delays
Contractor shall use commercially reasonable efforts to avoid, minimize, and mitigate delays.
Mitigation efforts may include resequencing Work, adjusting staffing, modifying construction operations, coordinating with suppliers, proposing alternative approaches, and providing recovery schedules. The City may request additional schedule recovery measures when reasonably necessary to protect public safety or project objectives.
9.5 Excusable Delays
Contractor may be entitled to a reasonable extension of time for delays caused by events beyond Contractor’s reasonable control, including acts of God, extraordinary weather events, governmental actions, regulatory delays not caused by Contractor, unforeseen site conditions, utility delays outside Contractor’s control, changes directed by the City, or other causes approved by the City. A time extension shall not be automatic and shall require written approval by the City.
9.6 Contractor-Caused Delays
Contractor shall not be entitled to a time extension or additional compensation for delays caused by Contractor’s failure to properly staff the Work, inadequate planning, failure to timely procure materials, failure to coordinate subcontractors, defective Work, failure to comply with Contract Documents, or other circumstances within Contractor’s control.
9.7 Regulatory and Funding-Related Delays
The Parties acknowledge that the Project may require coordination with regulatory agencies, funding agencies, and other governmental entities. Delays resulting from agency review, 25 permitting processes, funding review, or required approvals shall be addressed based on the circumstances and applicable provisions of this Agreement. Contractor shall continue to cooperate with the City and provide information necessary to facilitate agency review.
9.8 Coastal and Emergency Conditions
Contractor acknowledges that the Project site is subject to changing coastal conditions, including tides, wave action, erosion, storm events, access limitations, and other environmental conditions.
Contractor shall incorporate appropriate planning, monitoring, and contingency measures into its operations. Emergency conditions shall not relieve Contractor of its obligation to promptly notify the City and take reasonable actions to protect the public and the Work.
9.9 No Waiver of Contract Rights
The City’s review of schedules, acceptance of delayed performance, or failure to immediately exercise a contractual right shall not constitute a waiver of any provision of this Agreement.
9.10 Risk of Loss; Storm Damage to Work
The Parties acknowledge that authorized Work, including the marine and pile-driving Work, is scheduled to be performed during the winter storm season in a dynamic coastal environment.
Until Final Completion and acceptance of an authorized item of Work by the City, Contractor bears the risk of loss of, and damage to, the Work in progress, including damage caused by storm, wave, tide, wind, flooding, and other coastal events, and Contractor shall repair, restore, or replace such Work at its own cost, except to the extent the loss or damage is caused by the sole negligence or willful misconduct of the City. Contractor shall maintain All-Risk Course of Construction insurance meeting the requirements of Exhibit D, written to cover the perils of named windstorm and flood, in an amount not less than one hundred percent (100%) of the completed value of the Work, and shall include the cost of such coverage in its pricing.
Contractor shall sequence, protect, and secure the Work, and shall implement winter storm and stormwater protection measures, so as to minimize exposure of incomplete Work to storm damage. This Section allocates the risk of loss for storm and weather damage to the Work and is not superseded, limited, or excused by the excusable-delay provisions of Section 9.5 or the warranty provisions of Section 3.8; a time extension under Section 9.5 for a qualifying weather event does not relieve Contractor of its obligation to repair or restore storm-damaged Work.
SECTION 10
PERMITS AND REGULATORY COORDINATION
10.1 General Regulatory Compliance
Contractor shall perform the authorized Work in compliance with all applicable federal, state, and local laws, regulations, ordinances, permits, approvals, and agency requirements. Contractor shall be responsible for understanding and complying with all regulatory requirements applicable to Contractor’s operations. Contractor shall not commence ground-disturbing, in-water, overwater, pile-driving, rock-import, or similar construction activity under any phase until the City has confirmed in writing that the applicable environmental review determination under the 26 California Environmental Quality Act (CEQA) and the permits and environmental and historicpreservation (EHP) authorizations required for that activity are in place or that the activity is otherwise authorized to proceed. The Parties acknowledge that CEQA and EHP compliance and documentation are conditions of eligibility for Cal OES/CDAA and FEMA reimbursement, and that proceeding ahead of that documentation may jeopardize both regulatory compliance and reimbursement.
10.2 Allocation of Permit Responsibilities
The Parties acknowledge that the Project may require permits, approvals, consultations, or authorizations from various governmental agencies and regulatory entities. The City and Contractor shall cooperate in obtaining required approvals. If otherwise identified in a Phase Authorization, Task Order, or other written authorization, Contractor shall be responsible for permits and approvals directly related to Contractor’s construction operations, including, as applicable, construction-related permits, equipment operation requirements, temporary facilities, traffic control requirements, worker safety requirements, disposal requirements, and other permits customarily obtained by a contractor performing similar work. The City shall retain responsibility for owner-level decisions, project approvals, and agency coordination not expressly assigned to Contractor.
10.3 Regulatory Agency Coordination
Contractor shall provide reasonable assistance to the City in communications and coordination with regulatory agencies, including federal agencies, state agencies, regional agencies, local agencies, utility agencies, and funding agencies. Contractor shall provide technical information, drawings, calculations, schedules, environmental information, and other documentation reasonably requested by the City.
10.4 Environmental Compliance
Contractor shall perform the Work in a manner consistent with applicable environmental requirements and permit conditions. Contractor shall implement required environmental protection measures, comply with approved environmental mitigation measures, prevent unauthorized impacts to protected resources, properly manage materials and waste, immediately report environmental incidents, and cooperate with inspections and monitoring requirements.
10.5 Coastal and Marine Work Requirements
Contractor acknowledges that portions of the Project may involve coastal, shoreline, and marine conditions requiring specialized coordination and compliance. Contractor shall account for conditions including tidal fluctuations, wave action, erosion, marine access, protection of water quality, shoreline impacts, public beach access, and restrictions imposed by regulatory agencies.
Contractor shall coordinate its operations to minimize impacts to the public and coastal resources.
10.6 Permit Delays and Agency Decisions
Contractor acknowledges that regulatory approvals are controlled by third parties and may affect the Project schedule. The City does not guarantee issuance of any permit, approval of any 27 proposed approach, timing of agency review, or acceptance of Contractor’s documents by any regulatory agency. Contractor shall promptly notify the City of permit issues, agency comments, or regulatory conditions that may affect cost, schedule, or scope.
10.7 Changes Required by Regulatory Agencies
If a regulatory agency requires modifications to the authorized Work, the City may direct changes in accordance with the Change Order and additional Work provisions of this Agreement.
Contractor shall provide timely information regarding technical impacts, schedule impacts, cost impacts, and alternative approaches. Contractor shall not implement significant changes resulting from agency direction without written authorization from the City, unless immediate action is required to protect public safety.
10.8 Documentation of Regulatory Compliance
Contractor shall maintain and provide documentation demonstrating compliance with applicable permits and regulatory requirements, including permits, approvals, agency correspondence, inspection records, environmental monitoring records, compliance reports, and other documentation requested by the City.
SECTION 11
INSURANCE REQUIREMENTS
11.1 General Insurance Requirements
Contractor shall procure and maintain, at its sole cost and expense, insurance coverage required by this Agreement as referenced in Exhibit D – Insurance and Indemnification Requirements for the duration of the Work and any additional period required by applicable coverage terms.
All insurance shall be maintained with insurance companies authorized to conduct business in the State of California and having financial strength and ratings acceptable to the City.
Contractor shall ensure that all required insurance coverage applies to the Work performed under this Agreement.
SECTION 12
INDEMNIFICATION
12.1 Contractor Indemnification Obligations
Contractor agrees to the defense and indemnification Obligations described in Exhibit D – Insurance and Indemnification Requirements.
28 SECTION 13
BONDS AND SECURITY REQUIREMENTS
13.1 General Bond Requirements
Contractor shall furnish bonds and other security required by applicable law, this Agreement, and the applicable Phase Authorization or Task Order. Bond requirements may vary depending upon the scope of authorized Work, contract value, nature of the Work, funding requirements, statutory requirements, and risk associated with the authorized activities.
13.2 Performance Bond
For construction Work where required by applicable law or directed by the City, Contractor shall furnish a performance bond in an amount and form acceptable to the City. The performance bond shall guarantee faithful performance of the authorized Work in accordance with the Contract Documents. The bond shall remain in effect until completion and acceptance of the bonded Work, unless otherwise approved in writing by the City.
13.3 Payment Bond
For construction Work where required by applicable law or directed by the City, Contractor shall furnish a payment bond securing payment obligations to laborers, material suppliers, subcontractors, and other persons furnishing labor, materials, or equipment for the authorized Work. The payment bond shall comply with applicable California law.
13.4 Phase-Specific Bond Requirements
The City may establish different bonding requirements for different phases of the Project. For example, investigation, assessment, and limited emergency services may be authorized without full performance and payment bonds where permitted by law and determined appropriate by the City, while substantial construction, or permanent improvements may require performance and payment bonds before commencement. Any phase-specific bond requirements shall be identified in the applicable Phase Authorization or Task Order.
13.5 Form and Surety Requirements
Bonds shall be issued by a surety authorized to conduct business in California, be in a form acceptable to the City, identify the authorized Work covered by the bond, remain effective for the required period, and include any required statutory language. The City may require evidence of surety authorization and financial capability.
13.6 Increase or Decrease in Bond Requirements
The City may require adjustment of bond amounts if the scope of Work changes, the contract amount increases, additional phases are authorized, risk conditions change, or funding agency requirements apply. Any adjustment shall be documented in writing. 29 13.7 Failure to Maintain Bonds
Failure by Contractor to furnish or maintain required bonds shall constitute a material breach of this Agreement. The City may suspend Work, withhold payment, or exercise other remedies available under this Agreement or applicable law.
13.8 Bond Costs
Unless otherwise stated in a Phase Authorization or Task Order, costs associated with required bonds shall be included in Contractor’s compensation proposal and shall be identified separately when requested by the City.
SECTION 14
PREVAILING WAGE AND LABOR REQUIREMENTS
14.1 Compliance With Labor Laws
Contractor acknowledges that portions of the Work may constitute a public works project under California law. Contractor shall comply with all applicable federal, state, and local labor requirements, including prevailing wage requirements, California Labor Code requirements, California Public Contract Code requirements, Department of Industrial Relations (“DIR”) requirements, apprenticeship requirements, and applicable payroll reporting and labor compliance obligations.
14.2 Prevailing Wage Requirements
Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00.
Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.
14.3 Department of Industrial Relations Registration
Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will 30 be similarly registered and qualified Contractor shall verify subcontractor compliance with applicable registration requirements.
14.4 Certified Payroll Records
Contractor shall prepare and maintain certified payroll records as required by applicable law.
Certified payroll records shall include, as applicable, employee names, classifications, hours worked, wages paid, fringe benefits, deductions, project identification information, and other information required by law. Contractor shall provide certified payroll records to the City upon request and within required statutory timeframes.
14.5 Subcontractor Labor Compliance
Contractor shall be responsible for ensuring that all subcontractors comply with applicable labor requirements. Contractor shall include appropriate labor compliance provisions in subcontract agreements, obtain required documentation, monitor subcontractor compliance, and promptly address any labor compliance issues. Failure of a subcontractor to comply shall not relieve Contractor of responsibility under this Agreement.
14.6 Apprenticeship Requirements
Contractor shall comply with applicable apprenticeship requirements, including requirements established under California law, unless an applicable exemption applies. Contractor shall maintain records demonstrating compliance when required.
14.7 Labor Compliance Cooperation
Contractor shall cooperate with any labor compliance review, audit, investigation, or inquiry conducted by the City, DIR, funding agencies, governmental authorities, or authorized representatives. Contractor shall provide requested records and documentation within the time required.
14.8 Labor Compliance and Funding Documentation
Contractor acknowledges that labor documentation may be required to support reimbursement requests submitted to Cal OES, FEMA, or other funding agencies. Contractor shall maintain records sufficient to demonstrate compliance with applicable labor requirements.
14.9 Prevailing Wage Adjustments
If applicable prevailing wage rates change during performance of authorized Work, compensation adjustments shall be addressed only as provided in the applicable Phase Authorization, Task Order, or written modification approved by the City.
14.10 Failure to Comply
Failure to comply with applicable labor requirements may constitute a material breach of this Agreement. The City may pursue any remedies available under the Agreement, applicable law, or funding requirements.
31 SECTION 15
SAFETY, HEALTH, AND SITE SECURITY
15.1 General Safety Responsibility
Contractor shall be solely responsible for the safety of its employees, subcontractors, suppliers, consultants, visitors under Contractor’s control, and construction operations associated with the authorized Work. Contractor shall establish, implement, and maintain a comprehensive safety program appropriate for the Work and site conditions. The City’s review, observation, inspection, or communication regarding safety matters shall not relieve Contractor of responsibility for jobsite safety.
15.2 Compliance With Safety Laws and Regulations
Contractor shall comply with all applicable safety and health requirements, including California Division of Occupational Safety and Health (“Cal/OSHA”) requirements, federal Occupational Safety and Health Administration (“OSHA”) requirements, applicable construction safety regulations, environmental health and safety requirements, and permit-related safety requirements. Contractor shall maintain all required safety records and documentation.
15.3 Site Safety Plan
Prior to commencing construction activities that create a safety risk, Contractor shall prepare and submit a site safety plan acceptable to the City. The safety plan shall address, as applicable, worker safety, public protection, pedestrian access, roadway protection, beach access controls, marine operations, equipment operations, fall protection, emergency procedures, hazardous materials, communication procedures, and site security. The City’s acceptance or review of the safety plan shall not transfer responsibility for safety from Contractor to the City.
15.4 Protection of the Public
Contractor shall maintain measures necessary to protect the public from hazards associated with the Work. Such measures may include fencing, barricades, warning signage, access restrictions, traffic control, pedestrian routing, lighting, security measures, beach access controls, and monitoring of restricted areas. Contractor shall maintain public protection measures throughout the duration of the authorized Work.
15.5 Pier, Shoreline, and Marine Safety
Contractor acknowledges that the Project involves unique hazards associated with coastal conditions, waves and tides, unstable shoreline areas, marine access, elevated structures, temporary support systems, heavy equipment operations, and changing weather conditions.
Contractor shall implement appropriate safety measures and shall continuously evaluate site conditions affecting worker and public safety. Because the governing engineering assessment recommends that personnel access over the abutment and damaged Pier spans be avoided until stability and safety hazards are addressed, Contractor shall not place personnel on or over the damaged span, abutment, or shoring bent until Contractor has submitted, and the City has accepted, a written safety basis and work plan for that activity establishing the stabilization 32 achieved and the controls to be used. Nothing in this Section transfers responsibility for jobsite safety, means, or methods from Contractor to the City.
15.6 Emergency Response and Notification
Contractor shall immediately notify the City of any serious injury, public safety incident, environmental incident, structural movement, utility damage, property damage, significant site condition change, or event that may affect continuation of the Work. Contractor shall cooperate with emergency responders and City emergency personnel.
15.7 Site Security
Contractor shall maintain reasonable site security measures to prevent unauthorized access to areas where Work is being performed. Contractor shall secure equipment, materials, temporary structures, hazardous areas, and restricted work zones.
15.8 Safety Meetings and Coordination
Contractor shall conduct safety meetings appropriate to the Work and shall coordinate safety requirements with subcontractors, suppliers, City representatives, Owner’s Representative, and other project participants.
15.9 Stop Work for Imminent Hazards
Contractor shall have authority and responsibility to stop Work when Contractor determines that an imminent hazard exists. Contractor shall promptly notify the City of the condition and proposed corrective action. The City may direct suspension of Work when necessary to protect life safety, public safety, property, the environment, or emergency response operations.
15.10 No City Assumption of Safety Responsibility
Nothing in this Agreement shall be interpreted as requiring the City to supervise Contractor employees, direct construction operations, control Contractor safety procedures, inspect every safety condition, or assume responsibility for Contractor’s safety program.
SECTION 16
ENVIRONMENTAL PROTECTION AND HAZARDOUS MATERIALS
16.1 General Environmental Compliance
Contractor shall perform the authorized Work in a manner that protects the environment and complies with all applicable environmental laws, regulations, permits, approvals, mitigation measures, and agency requirements. Contractor shall be responsible for environmental compliance associated with Contractor’s operations, means and methods, employees, subcontractors, equipment, materials, and disposal activities.
16.2 Environmental Coordination
The Parties acknowledge that the Project may require coordination with environmental and regulatory agencies, including federal, state, regional, and local agencies. Contractor shall 33 provide reasonable assistance to the City in obtaining, maintaining, and documenting required environmental approvals. Contractor shall provide technical information, construction methods, schedules, monitoring information, and other documentation reasonably requested by the City.
16.3 Protection of Coastal and Marine Resources
Contractor shall conduct the Work in a manner that minimizes impacts to coastal resources, marine habitat, water quality, public beach areas, wildlife, vegetation, fisheries resources, and surrounding properties. Contractor shall implement all required environmental protection measures identified in applicable permits, agency approvals, environmental documents, construction plans, or written direction from the City.
16.4 Stormwater and Water Quality Protection
Contractor shall implement appropriate measures to prevent the discharge of pollutants, sediment, debris, fuels, oils, concrete materials, or other substances into storm drains, waterways, coastal waters, public areas, or adjacent properties. Contractor shall comply with applicable stormwater requirements and maintain required controls throughout the performance of the Work.
16.5 Hazardous Materials
Contractor shall comply with all applicable laws and regulations governing the handling, storage, transportation, and disposal of hazardous materials. Contractor shall properly identify hazardous materials, maintain required documentation, use appropriate handling procedures, train personnel as required, prevent releases, and properly dispose of regulated materials.
16.6 Unknown or Suspected Contaminated Materials
If Contractor encounters material suspected of being contaminated, hazardous, or requiring special handling, Contractor shall stop affected Work if necessary to protect health and safety, secure the area, immediately notify the City, document the condition, avoid disturbing the material unless authorized, and cooperate with required testing and evaluation. The City shall determine the appropriate response, including whether additional investigation, removal, disposal, or other measures are required.
16.7 Spill Prevention and Response
Contractor shall maintain appropriate spill prevention and response procedures. In the event of a spill, release, or environmental incident, Contractor shall immediately take reasonable steps to contain and control the release, notify the City, notify appropriate agencies when required, document the incident, and complete required corrective actions. Contractor shall be responsible for costs arising from releases caused by Contractor’s acts or omissions.
16.8 Waste Management and Disposal
Contractor shall properly manage, transport, and dispose of construction debris, excavated materials, and other waste generated by Contractor’s operations. Contractor shall use authorized disposal facilities, maintain disposal records, provide documentation upon request, and comply with applicable disposal regulations.
34 16.9 Environmental Monitoring and Reporting
Where required by permits, agency approvals, or the City, Contractor shall perform environmental monitoring and reporting activities. Contractor shall maintain records including monitoring reports, inspection records, agency communications, photographs, compliance documentation, and corrective actions.
16.10 Environmental Changes and Additional Work
If environmental requirements, agency direction, or unforeseen environmental conditions require changes to the authorized Work, the Parties shall address such changes in accordance with the Change Order provisions of this Agreement. Contractor shall promptly provide information regarding technical impacts, schedule impacts, cost impacts, and alternative approaches.
16.11 Environmental Documentation for Funding Agencies
Contractor shall provide documentation reasonably requested by the City to support environmental compliance and reimbursement requirements of Cal OES, FEMA, other governmental agencies, and applicable funding programs.
16.12 Debris in Coastal Waters; Adjacent Failing Structures The Parties acknowledge that the Work will be performed adjacent to a damaged abutment and Pier structure that may continue to move or fail, and that debris entering coastal waters may implicate the jurisdiction of the California State Lands Commission, the California Coastal Commission, the U.S. Army Corps of Engineers, and the Regional Water Quality Control Board.
Contractor shall plan and conduct its operations to prevent, capture, and promptly remove construction debris and materials from coastal waters and the beach, shall immediately notify the City of any actual or threatened release of debris into coastal waters or any observed movement or failure of the abutment or adjacent structures, and shall support the City's notifications to the foregoing agencies. Long-term stabilization or removal of the damaged abutment, and demolition or disposition of the Chit Chat Café structure, are outside the scope of the authorized Work unless and until expressly added by written Phase Authorization or Change Order; this Section does not obligate Contractor to perform that work but requires the coordination and notification described above.
SECTION 17
SUBCONTRACTORS, SUPPLIERS, AND ASSIGNMENT
17.1 Responsibility for Subcontractors and Suppliers
Contractor shall be fully responsible for the acts, omissions, errors, and performance of all subcontractors, subconsultants, suppliers, vendors, and other persons or entities performing Work under this Agreement. The use of subcontractors or suppliers shall not relieve Contractor of any obligation, duty, or responsibility under this Agreement. Contractor shall coordinate and supervise all subcontractor and supplier activities necessary to complete the authorized Work. 35 17.2 Qualifications of Subcontractors and Subconsultants Contractor shall use subcontractors, subconsultants, and suppliers that are properly qualified, licensed, experienced, and capable of performing the assigned Work. Contractor shall ensure that specialty firms performing portions of the Work possess appropriate experience, including marine construction, pile and foundation work, coastal stabilization, geotechnical work, engineering services, environmental services, and other specialized activities applicable to the Project.
17.3 Key Personnel and Key Subcontractors
Contractor acknowledges that the City selected Contractor based in part upon Contractor’s proposed team, qualifications, experience, and emergency response capabilities. Contractor shall not replace key personnel or key subcontractors identified in Contractor’s Proposal without prior written notice to and approval by the City. The City shall not unreasonably withhold approval of proposed substitutions; however, the City may reject proposed substitutions that do not possess qualifications substantially equivalent to those represented in Contractor’s Proposal.
17.4 Subcontractor Agreements
Contractor shall require subcontractors and subconsultants performing Work under this Agreement to comply with all applicable requirements, including insurance requirements, indemnification obligations, labor requirements, safety requirements, environmental requirements, recordkeeping requirements, audit requirements, and funding documentation requirements.
17.5 Subcontractor Payment Obligations
Contractor shall timely pay subcontractors, suppliers, and other persons providing labor, materials, equipment, or services for the Work in accordance with applicable law and contractual obligations. The City shall have no obligation to resolve payment disputes between Contractor and subcontractors.
17.6 Subcontractor Documentation
Upon request, Contractor shall provide the City with information regarding subcontractors and suppliers, including names, scope of assigned Work, qualifications, licenses, insurance information, payment status, labor compliance documentation, and other information reasonably requested by the City.
17.7 Assignment of Agreement
Contractor shall not assign, transfer, delegate, or otherwise dispose of any rights or obligations under this Agreement without prior written approval of the City. Any attempted assignment without approval shall be void. This restriction shall not prohibit Contractor from entering into ordinary-course agreements with subcontractors and suppliers necessary to perform the authorized Work, provided Contractor remains responsible for their performance. 36 17.8 Change in Ownership or Control
Contractor shall provide written notice to the City of any anticipated change in ownership, corporate control, or organizational structure that may affect Contractor’s ability to perform the Work. The City may evaluate whether such change affects Contractor’s qualifications or obligations under this Agreement.
17.9 No Relationship Between City and Subcontractors
Nothing in this Agreement shall create any contractual relationship between the City and any subcontractor, supplier, consultant, or vendor of Contractor. Contractor shall remain the sole responsible party for payment, direction, supervision, and performance of subcontractors.
17.10 Emergency Subcontracting
The Parties acknowledge that emergency conditions may require Contractor to engage specialty subcontractors on an expedited basis. Contractor shall provide prompt notice to the City of emergency subcontractor engagements and shall ensure that all applicable Contract requirements are satisfied.
SECTION 18
RECORDS, AUDIT RIGHTS, AND PUBLIC RECORDS
18.1 Maintenance of Project Records
Contractor shall maintain complete, accurate, and organized records relating to the performance of the authorized Work. Records shall include, as applicable, contracts and subcontracts, labor records, certified payroll records, equipment records, material records, invoices, cost documentation, schedules, daily reports, inspection records, engineering documents, environmental documentation, permits and approvals, correspondence, photographs, safety records, and other documents necessary to demonstrate performance of the Work.
18.2 Record Retention
Contractor shall retain Project records for Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years.
18.3 Audit and Inspection Rights
The City and its authorized representatives shall have the right to inspect, review, audit, and copy records relating to the Work and compensation under this Agreement. Such rights shall include access to records maintained by Contractor, subcontractors, subconsultants, suppliers, and other entities performing Work under this Agreement. Contractor shall provide reasonable access during normal business hours and shall cooperate with any review or audit. 37 18.4 Funding Agency Access
Contractor acknowledges that the Project may be subject to review, audit, inspection, or documentation requirements imposed by Cal OES, FEMA, federal agencies, state agencies, auditors, inspectors, other governmental entities, or funding authorities. Contractor shall provide records and assistance reasonably requested to support such reviews.
18.5 Cost Documentation Requirements
Contractor shall maintain records sufficient to establish the nature and necessity of Work performed, labor and equipment utilized, materials incorporated, subcontractor costs, basis of compensation, reasonableness of costs, compliance with procurement requirements, and completion of authorized Work. The City may reject or withhold payment for costs that are not adequately documented.
18.6 Ownership and Use of Project Documents
Documents prepared specifically for the City as part of the authorized Work, including reports, drawings, calculations, studies, and record documentation, shall become the property of the City upon payment for the applicable Work, except for Contractor’s pre-existing intellectual property and proprietary tools. Contractor shall provide the City with copies of Project documents necessary for operation, maintenance, permitting, funding, and future improvements.
18.7 Public Records Compliance
Contractor acknowledges that the City is a public agency subject to the California Public Records Act and other applicable transparency laws. Contractor shall cooperate with the City in responding to public records requests relating to the Agreement and the Work. Nothing in this Agreement requires Contractor to disclose information protected from disclosure under applicable law.
18.8 Confidential and Proprietary Information
If Contractor provides information that Contractor believes is confidential or proprietary, Contractor shall clearly identify such information at the time of submission. The City shall determine whether disclosure is required under applicable law. Contractor acknowledges that submission of information to the City does not guarantee confidentiality.
18.9 Electronic Records
Contractor may maintain Project records electronically, provided such records are complete, accurate, accessible, reproducible, and maintained in a manner consistent with applicable requirements.
18.10 Failure to Maintain Records
Failure to maintain required records or provide requested documentation may result in withholding of payment, disallowance of unsupported costs, corrective action requirements, audit findings, or other remedies available under this Agreement or applicable law. 38 SECTION 19
SUSPENSION AND TERMINATION
19.1 City Right to Suspend Work
The City may suspend all or any portion of the authorized Work by written notice to Contractor when the City determines suspension is necessary or appropriate due to emergency conditions, public health or safety concerns, changing site conditions, regulatory requirements, funding considerations, protection of public infrastructure, failure to comply with Contract Documents, or other circumstances affecting the Project. Upon receipt of a suspension notice, Contractor shall immediately take reasonable steps to protect the Work, materials, equipment, and public safety.
19.2 Suspension Procedures
During a suspension period, Contractor shall secure the site, protect completed Work, maintain required safety measures, preserve project records, prevent damage or deterioration, and comply with reasonable instructions from the City. Contractor shall promptly provide information regarding the impacts of the suspension, costs incurred, schedule impacts, and recommended actions.
19.3 Termination for Convenience
The City may terminate this Agreement, any Phase Authorization, or any Task Order, in whole or in part, for convenience upon written notice to Contractor. The City may exercise this right when it determines termination is in the best interest of the City, including due to completion of emergency needs, availability of alternative funding, changed project priorities, regulatory limitations, inability to proceed with a phase, changed site conditions, or other circumstances affecting the Project.
19.4 Compensation Upon Termination for Convenience
If the City terminates Work for convenience, Contractor shall be entitled to payment for authorized Work satisfactorily performed before the effective termination date, approved costs incurred for authorized materials or commitments that cannot reasonably be canceled, and other amounts expressly approved by the City. Contractor shall not be entitled to payment for anticipated profits, unperformed Work, lost opportunity costs, consequential damages, or unauthorized commitments.
19.5 Termination for Cause
The City may terminate this Agreement or any authorized Work for cause if Contractor materially breaches this Agreement, fails to perform the Work, fails to maintain required insurance or bonds, fails to comply with applicable laws, fails to maintain required licenses or qualifications, fails to correct defective Work, abandons the Work, fails to maintain required documentation, or otherwise materially fails to perform its obligations. 39 19.6 Notice and Opportunity to Cure
Except where immediate action is required to protect public safety or prevent substantial damage, the City shall provide Contractor written notice of a material breach and an opportunity to cure. The notice shall identify the nature of the breach, required corrective action, and the time period for correction. Failure to timely cure may result in termination or other remedies.
19.7 Emergency Termination
The City may immediately suspend or terminate Work when necessary to address imminent threats to life safety, emergency response requirements, structural instability, environmental hazards, regulatory enforcement actions, or other urgent conditions.
19.8 Contractor Obligations Upon Termination
Upon suspension or termination, Contractor shall stop affected Work as directed, protect completed Work, remove equipment when authorized, preserve records, deliver completed documents, identify outstanding issues, and assist with transition of the Work.
19.9 City’s Right to Complete Work
If the Agreement is terminated for cause, the City may take any action permitted by law, including completing the Work itself, engaging another contractor, using available bonds or security, correcting defective Work, and recovering allowable costs.
19.10 Survival of Obligations
Termination or expiration of this Agreement shall not relieve either Party of obligations that by their nature survive termination, including indemnification obligations, record retention requirements, audit rights, confidentiality obligations, payment obligations for completed authorized Work, and dispute resolution provisions.
SECTION 20
DISPUTE RESOLUTION AND CLAIMS PROCEDURES
20.1 Good Faith Resolution
The City and Contractor shall make reasonable efforts to resolve disputes, claims, disagreements, or other matters arising from the performance of this Agreement through good faith discussions and cooperation.
The Parties acknowledge that timely resolution of issues is important due to the emergency nature of the Project and the need to protect public infrastructure.
20.2 Notice of Claim
Contractor shall provide written notice to the City of any claim, dispute, or request for additional compensation or time extension. Notice shall be provided within the time period required by applicable law, this Agreement, or the applicable Phase Authorization or Task Order. At a minimum, notice shall identify the nature of the claim, the factual basis, the date the issue arose, the Contract provisions relied upon, the anticipated cost impact, the anticipated schedule impact, 40 and supporting documentation available at the time of notice. Failure to provide timely notice may affect Contractor’s entitlement to additional compensation or schedule relief to the extent permitted by law.
20.3 Continuing Performance During Disputes
Unless otherwise directed by the City, Contractor shall continue performance of unaffected Work while any claim or dispute is being reviewed or resolved. Contractor shall not suspend emergency stabilization activities necessary to protect life, public safety, or infrastructure solely because of a pending dispute.
20.4 Documentation of Claims
Contractor shall maintain complete records supporting any claim, including labor records, equipment records, material costs, subcontractor costs, schedule impacts, photographs, correspondence, technical documentation, and mitigation efforts. The City may request additional information reasonably necessary to evaluate the claim.
20.5 City Review of Claims
The City shall review properly submitted claims and may request additional information, clarification, or supporting documentation. The City may approve the claim, deny the claim, negotiate resolution, authorize additional Work, issue a written determination, or pursue another resolution method permitted by law.
20.6 Disputes Regarding Contract Interpretation
If the Parties disagree regarding interpretation of the Agreement, the City’s designated representative shall make an initial written determination regarding the issue. Such determination shall not prevent Contractor from pursuing available remedies under applicable law.
20.7 Mediation and Alternative Resolution
The Parties may mutually agree to participate in mediation or another alternative dispute resolution process. Any mediation shall be conducted under procedures agreed upon by the Parties. Participation in mediation shall not waive any statutory rights or remedies.
20.8 Compliance With California Claims Requirements
Nothing in this Agreement shall waive or modify any applicable requirements of California law, including Public Contract Code Sections 9204 and 20104, et seq., relating to public contract claims, notices, administrative procedures, deadlines, or remedies. Contractor shall comply with all applicable statutory claim requirements.
20.9 No Waiver by City Actions
The City’s review, payment, inspection, discussion, or acceptance of Work shall not constitute acceptance of disputed Work, waiver of Contract requirements, approval of additional compensation, or waiver of any City rights.
41 20.10 Survival
The obligations and procedures contained in this Section shall survive completion, suspension, termination, or expiration of the Agreement to the extent necessary to resolve outstanding claims.
SECTION 21
GENERAL CONTRACT PROVISIONS
21.1 Independent Contractor
Contractor is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that City provides to City employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as City’s responsibility.
21.2 Compliance With Applicable Laws
Contractor shall comply with all applicable federal, state, and local laws, regulations, ordinances, orders, permits, and requirements applicable to the Work. Contractor shall obtain and maintain all licenses, certifications, and approvals required for Contractor’s performance of the authorized Work.
21.3 Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any legal action arising from this Agreement shall be brought in a court of competent jurisdiction located in San Mateo County, California unless otherwise required by law.
21.4 Notices
All notices required under this Agreement shall be in writing and shall be delivered by personal delivery, recognized overnight delivery service, certified mail, return receipt requested, or electronic transmission with confirmation of receipt where authorized. Notices shall be delivered to the representatives identified in the Agreement or otherwise designated in writing by either Party.
21.5 Entire Agreement
This Agreement, together with all incorporated exhibits, attachments, Phase Authorizations, Task Orders, and written amendments, constitutes the complete agreement between the Parties concerning the authorized Work. All prior negotiations, representations, discussions, and 42 understandings relating to the Work are superseded except as expressly incorporated into the Contract Documents.
21.6 Contract Documents and Order of Precedence
The Contract Documents consist of the executed Emergency Public Works Agreement, executed Phase Authorizations and Task Orders, written amendments and Change Orders, exhibits attached to the Agreement, City-issued RFP and addenda, Contractor’s Proposal, technical documents, reports, drawings, and reference documents incorporated into the Agreement, and other documents expressly incorporated by written agreement of the Parties. If a conflict exists among Contract Documents, the order of precedence listed above shall control unless otherwise stated in a written amendment or Phase Authorization.
21.7 Amendments
No modification, amendment, or change to this Agreement shall be effective unless made in writing and executed by authorized representatives of both Parties. Emergency directives affecting immediate protection of life, safety, or public infrastructure may be issued by the City’s authorized representative, with written confirmation to follow as soon as reasonably practicable.
21.8 Assignment and Binding Effect
Subject to the assignment restrictions contained in this Agreement, this Agreement shall be binding upon and benefit the Parties and their respective permitted successors and assigns.
21.9 Severability
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The Parties shall cooperate to replace any invalid provision with a valid provision that most closely reflects the original intent.
21.10 Non-Waiver
The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it later.
21.11 No Third-Party Beneficiaries
Except as expressly provided regarding indemnified parties, nothing in this Agreement is intended to create rights or benefits for any third party.
21.12 Conflict of Interest
Contractor represents that it has disclosed any actual or potential conflicts of interest that may affect Contractor’s ability to perform the Work. Contractor shall promptly disclose any conflicts arising during performance.
21.13 Nondiscrimination
Contractor shall comply with applicable federal, state, and local laws prohibiting discrimination in employment and contract performance.
43 Contractor shall not discriminate against any person based on any legally protected status.
21.14 Public Funding Requirements
Contractor acknowledges that the Project may be funded or reimbursed in whole or in part through emergency assistance, disaster recovery, or other governmental funding programs.
Contractor shall cooperate with reasonable documentation, reporting, audit, and compliance requirements imposed by funding agencies, including Cal OES and FEMA, as further set out in Exhibits E and G.
21.15 Survival of Obligations
The obligations of the Parties that by their nature extend beyond completion, payment, suspension, or termination shall survive, including indemnification obligations, insurance obligations, record retention requirements, audit rights, confidentiality obligations, dispute resolution provisions, and warranty obligations.
21.16 Execution in Counterparts and Electronic Signatures This Agreement may be executed in counterparts, each of which shall be deemed an original.
Electronic signatures and electronic copies shall be treated as originals to the extent permitted by applicable law.
CITY OF PACIFICA:
By: ______________________________
Sean Charpentier, City Manager
CONTRACTOR:
POWER ENGINEERING
CONSTRUCTION, CO.
Name: ______________________________
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
ATTEST:
By: ______________________________
44 By: ______________________________
Sarah Coffey, City Clerk
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
APPROVED AS TO FORM:
By: ____________________________
Michelle Marchetta Kenyon, City Attorney
1099 INFORMATION:
Contractor Taxpayer I.D. No.:
________________
45 EXHIBIT A
GENERAL CONTRACT REQUIREMENTS
Emergency Investigation and Stabilization Services. Pacifica Pier, Beach Boulevard, and Utility Stabilization Project
This Exhibit summarizes general requirements applicable to the Work performed under the Emergency Public Works Agreement between the City of Pacifica (“City”) and Contractor.
The requirements below are in addition to all requirements contained in the Agreement, RFP documents, Phase Authorizations, Task Orders, permits, and applicable law.
1. Compliance With Laws and Public Works Requirements
Contractor shall perform the Work in compliance with all applicable federal, state, and local laws, regulations, permits, and agency requirements, including applicable public works, labor, safety, environmental, and funding requirements.
2. Emergency Project Delivery
The City is proceeding under emergency contracting authority due to conditions requiring immediate action to investigate, stabilize, and protect critical public infrastructure.
The City may authorize Work in phases through written Phase Authorizations or Task Orders.
3. Contractor Responsibility
Contractor shall be responsible for:
• means and methods of construction;
• sequencing and coordination of Work;
• supervision of employees and subcontractors;
• safety of Contractor operations;
• protection of the public;
• quality of Work;
• compliance with permits and regulations; and
• documentation supporting payment and reimbursement.
4. Qualifications and Key Personnel
Contractor shall perform the Work using qualified personnel and subcontractors identified in Contractor’s Proposal or approved by the City.
Replacement of key personnel or specialty subcontractors requires City approval. 46 5. Insurance and Indemnity
Contractor shall maintain required insurance coverage and indemnify the City as provided in the Agreement. Insurance and Indemnity requirements are detailed in Exhibit D.
6. Safety and Public Protection
Contractor shall maintain appropriate safety measures, including protection of:
• workers;
• pedestrians;
• motorists;
• beach users;
• marine users; and
• adjacent public facilities.
7. Environmental Compliance
Contractor shall comply with all applicable environmental requirements and shall protect coastal resources, water quality, and surrounding areas.
8. Documentation and Records
Contractor shall maintain complete records relating to:
• labor;
• equipment;
• materials;
• subcontractors;
• costs;
• schedules;
• permits;
• safety;
• environmental compliance; and
• completed Work.
Records shall be available for City, Cal OES, FEMA, and audit review.
9. Payment
47 Payment shall be based on authorized Work performed in accordance with the Agreement, approved Phase Authorizations, and supporting documentation. Unsupported costs may be withheld or rejected.
10. Changes to Work
No change in scope, cost, or schedule shall be authorized without written approval from the City, except emergency directives necessary to protect life, safety, or public infrastructure.
11. Funding Compliance
Contractor shall provide documentation reasonably requested by the City to support reimbursement from:
• Cal OES;
• FEMA;
• other governmental agencies; and
• other funding sources.
12. Priority of Work
The City’s overriding priority is the protection of life and public safety. Subject to that priority, and based on current engineering direction, the City intends to authorize construction in the following sequence: first, stabilization and shoring of the Pacifica Pier (Phase 2), to protect the Pier during pile-driving and other work adjacent to it; and thereafter, stabilization of Beach Boulevard and adjacent utilities through Phase 1A or Phase 1, as the City determines based on what can be completed before the onset of winter storm conditions. The City may adjust this sequence as provided in Section 3.4 of the Agreement.
48 EXHIBIT B
PHASE AUTHORIZATION / TASK ORDER TEMPLATE
Emergency Investigation and Stabilization Services. Pacifica Pier, Beach Boulevard, and Utility Stabilization Project
This Phase Authorization / Task Order (“Authorization”) is issued pursuant to the Emergency Public Works Agreement (“Agreement”) between the City of Pacifica (“City”) and Power Engineering Contractor, Co. (“Contractor”).
This Authorization identifies the specific Work, compensation, schedule, and requirements authorized by the City.
1. Authorization Information
Project:
Emergency Investigation, Stabilization of Pacifica Pier and Adjacent Public Infrastructure Agreement Date: _______________________
Authorization No.: _______________________
Phase / Task Order No.: _______________________
Date Issued: _______________________
Contractor: _______________________
City Project Manager: _______________________
2. Authorized Scope of Work
The City authorizes Contractor to perform the following Work:
The authorized Work includes only the scope specifically identified in this Authorization and incorporated Contract Documents.
Contractor shall not proceed with additional Work without written authorization from the City, except as provided for emergency protective measures under the Agreement.
3. Phase Identification
☐ Phase 2 – Pacifica Pier Investigation and Stabilization ☐ Phase 1A – Interim Beach Boulevard and Utility Protective Measures ☐ Phase 1 – Beach Boulevard and Utility Investigation and Stabilization ☐ Phase 3 – Abutment Removal
49 ☐ Phase 4 – Shoreline Protection
☐ Supplemental Emergency Work
☐ Other:
4. Description of Authorized Activities
Authorized activities may include, as applicable:
☐ Investigation and assessment
☐ Engineering services
☐ Design development
☐ Permitting assistance
☐ Emergency stabilization
☐ Temporary protective measures
☐ Construction activities
☐ Utility protection or relocation
☐ Shoreline stabilization
☐ Environmental compliance activities
☐ Other:
5. Contract Documents Incorporated
The following documents are incorporated into this Authorization:
☐ Emergency Public Works Agreement
☐ City RFP and Addenda
☐ Contractor Proposal
☐ Drawings and Technical Documents
☐ Permits and Regulatory Approvals
☐ Exhibit A – General Contract Requirements
☐ Exhibit C – Payment and Cost Documentation Requirements ☐ Other:
6. Schedule
Notice to Proceed Date: _______________________
50 Estimated Start Date: _______________________
Estimated Completion Date: _______________________
Milestones:
Milestone Date
Contractor shall promptly notify the City of conditions affecting the authorized schedule.
7. Compensation
The City authorizes compensation as follows:
☐ Lump Sum Amount:
$_____________________
☐ Time and Materials Not-to-Exceed Amount:
$_____________________
☐ Unit Price Basis:
$_____________________
☐ Other:
8. Cost Documentation Requirements
Contractor shall provide supporting documentation as required by the Agreement and Exhibit C, including:
• labor records;
• equipment records;
• material invoices;
• subcontractor costs;
• photographs;
• daily reports;
• progress documentation; and
• other records necessary to verify costs.
9. Required Submittals
51 Contractor shall provide the following submittals:
☐ Work plan
☐ Safety plan
☐ Schedule
☐ Cost proposal
☐ Drawings/calculations
☐ Environmental documentation
☐ Permit documentation
☐ Other:
10. Regulatory and Environmental Requirements
Contractor shall comply with applicable requirements established by:
☐ City approvals
☐ California Coastal Commission
☐ Regional Water Quality Control Board
☐ U.S. Army Corps of Engineers
☐ California Department of Fish and Wildlife
☐ Other agencies:
11. Funding Documentation Requirements
Contractor shall provide documentation reasonably requested by the City to support reimbursement from:
☐ Cal OES
☐ FEMA
☐ Other funding sources:
52 12. Change Authorization
Changes to this Authorization affecting scope, cost, or schedule require written approval by the City.
Emergency protective actions necessary to protect life, safety, or critical infrastructure may proceed pursuant to the Agreement, provided Contractor provides prompt notice and supporting documentation.
3. Authorization Approval
By signing below, the Parties acknowledge and authorize the Work described in this Phase Authorization.
CITY OF PACIFICA
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
CONTRACTOR: Power Engineering Construction, Co.
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
53 EXHIBIT C
PAYMENT AND COST DOCUMENTATION REQUIREMENTS
Emergency Investigation and Stabilization Services. Pacifica Pier, Beach Boulevard, and Utility Stabilization Project
1. General Payment Requirements
Payment to Contractor shall be made only for authorized Work performed in accordance with:
• the Emergency Public Works Agreement;
• applicable Phase Authorizations or Task Orders;
• approved pricing;
• required documentation; and
• applicable funding requirements.
Contractor shall not be entitled to payment for unauthorized Work.
The City reserves the right to withhold payment for costs that are not adequately documented, are not allowable under the Agreement, or cannot be reasonably verified.
2. Basis of Compensation
The City may authorize Work using one or more of the following compensation methods:
☐ Lump Sum
☐ Unit Price
☐ Time and Materials
☐ Cost Plus Fee
☐ Not-to-Exceed Amount
☐ Other approved method:
The applicable Phase Authorization shall identify the compensation method.
3. Cost Documentation Requirements
Contractor shall maintain records sufficient to demonstrate the cost and necessity of all Work.
Documentation shall include, as applicable:
54 • daily activity reports;
• labor records;
• equipment records;
• material invoices;
• subcontractor invoices;
• supplier invoices;
• delivery tickets;
• disposal records;
• photographs;
• progress reports;
• schedules;
• inspection records;
• permits;
• agency correspondence; and
• other supporting documentation requested by the City.
4. Labor Cost Documentation
For labor charges, Contractor shall provide:
• employee name or identifying classification;
• labor classification;
• hours worked;
• dates worked;
• location of work;
• description of activities performed;
• applicable wage rates;
• overtime hours;
• payroll records; and
• applicable fringe benefit information.
55 Labor costs shall be consistent with applicable prevailing wage and labor requirements.
5. Equipment Cost Documentation
Equipment charges shall include:
• equipment description;
• ownership or rental status;
• equipment identification;
• hours used;
• dates used;
• location used;
• purpose of use;
• operator information, if applicable; and
• applicable rates.
Equipment rates shall be based on:
• approved contract rates;
• documented rental rates;
• published industry rates; or
• other rates approved by the City.
6. Material Cost Documentation
Material costs shall be supported by:
• supplier invoices;
• purchase orders;
• delivery tickets;
• quantities delivered;
• quantities incorporated into the Work;
• transportation costs;
• disposal costs, if applicable; and
• evidence of payment.
56 Contractor shall not include unsupported material costs.
7. Subcontractor and Consultant Costs
Contractor shall provide documentation supporting subcontractor and consultant costs, including:
• executed subcontract agreements;
• subcontractor invoices;
• description of services performed;
• labor and equipment backup;
• proof of payment, when requested;
• applicable markups; and
• evidence of compliance with contract requirements.
Contractor remains responsible for verifying subcontractor costs before submitting payment requests.
8. Allowable Markups and Fees
Any markup, overhead, profit, administrative fee, or other compensation factor shall be limited to amounts:
• included in the approved pricing;
• authorized by the Agreement;
• authorized in a Phase Authorization; or
• approved by written change authorization.
No additional markup shall be applied without written City approval.
9. Emergency Work Documentation
For emergency stabilization activities, Contractor shall maintain records demonstrating:
• the emergency condition requiring action;
• the date and time work was initiated;
• the immediate threat addressed;
• alternatives considered, if applicable;
• resources deployed;
• actions taken;
57 • costs incurred; and
• completion status.
10. Progress Payment Requests
Payment requests shall include:
• invoice;
• summary of Work completed;
• percentage of completion, if applicable;
• cost breakdown;
• supporting documentation;
• approved changes;
• schedule update; and
• certification of accuracy.
The City may request additional information before approving payment.
11. Final Payment Documentation
Before final payment, Contractor shall provide:
• final invoice;
• final cost summary;
• completed Work documentation;
• record drawings or documents;
• warranties, if applicable;
• permit closeout documentation;
• unresolved issue list;
• final photographs; and
• other closeout documentation requested by the City.
12. Cost Reasonableness and Audit Review
Contractor acknowledges that project costs may be reviewed by:
58 • the City;
• Cal OES;
• FEMA;
• auditors;
• inspectors;
• grant administrators; and
• other authorized governmental entities.
Contractor shall provide reasonable documentation necessary to demonstrate that costs are:
• necessary;
• reasonable;
• properly supported;
• consistent with the authorized scope; and
• eligible for reimbursement where applicable.
14. Unsupported or Ineligible Costs
The City may reject or withhold payment for costs that:
• were not authorized;
• lack sufficient documentation;
• are inconsistent with the Agreement;
• are unreasonable;
• result from Contractor error or negligence; or
• are otherwise ineligible under applicable funding requirements.
15. Certification of Payment Request
Each payment request submitted by Contractor shall include certification substantially as follows:
Contractor certifies that the costs submitted are accurate, represent Work performed under the Agreement, are supported by appropriate documentation, and have not been previously submitted for payment.
59 EXHIBIT D
INSURANCE AND INDEMNIFICATION REQUIREMENTS
INSURANCE
1. At or before the Effective Date, Contractor shall furnish to City satisfactory proof that Contractor has taken out for the entire period covered by the Contract the following classes of insurance in the form and with limits and deductibles specified below, unless otherwise specified in Contract Documents:
A. Commercial General Liability Insurance covering claims for personal injury, bodily injury and property damage arising out of the Work and as broad as Insurance Services Office (ISO) CG 00
01. Such insurance shall provide for all operations and include independent contractors, products liability, completed operations for one year after Final Completion and acceptance of the final payment for the Work, contractual liability, and coverage for explosion, collapse, and underground hazards. The limits of such insurance shall not be less than [$5,000,000] each occurrence, [$5,000,000] general aggregate limit, and [$5,000,000] aggregate for products and completed operations. The policy shall be endorsed to provide Broad Form Property Damage Coverage.
B. Business/Commercial Automobile Liability Insurance covering all owned, non-owned, and hired vehicles. Such insurance shall provide coverage not less than the standard ISO Business/Commercial Automobile Liability CA 00 01 (or equivalent) with limits not less than [$5,000,000] each accident.
C. All-Risk Course of Construction Insurance including damage to property owned by City, Contractor or third parties caused by fire. Insurance shall be in the amount of 100 percent of the completed value of the Work to be performed under this Contract. Deductible shall not exceed [$10,000]. Each loss shall be borne by Contractor.
D. Workers’ Compensation and Employer’s Liability Insurance for all persons whom the Contractor may employ in carrying out Work contemplated under Contract Documents, in accordance with the Act of Legislature of State of California, known as “Workers’ Compensation Insurance and Safety Act,” approved May 26, 1913, and all acts amendatory or supplemental thereto, in the statutory amount. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease-each employee.
E. Environmental Impairment Liability Insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than [$1,000,000] combined single limit for each occurrence.
F. Maritime Employers Liability Insurance. The Contractor shall provide and maintain insurance under the United States Longshore and Harbor Workers’ Compensation Act if the work covered by the Contract Agreement includes activities subject to that Act (work whole or in part upon the navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or adjoining areas) throughout the duration of the Contract Agreement.
The Contractor shall provide and maintain insurance under the Jones Act in the event that the work covered by the Contract Agreement includes activities covered by the Jones Act (including, but not limited to, work from ships, vessels, barges, or dredges) throughout the duration of the Contract Agreement.
H. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured 60 retentions as respects the City, its officers, officials, employees, and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
2. If Contractor normally carries insurance coverage or in an amount greater than the minimum amounts required by City in Paragraph 1 above., that broader coverage and/or greater amount shall become the minimum required amount of insurance for purposes of the Contract. Therefore, Contractor hereby acknowledges and agrees that all insurance carried by it shall be deemed liability coverage for all actions it performs in connection with the Contract.
3. All policies of insurance shall be placed with insurers acceptable to City. The insurance underwriter(s) for all insurance policies except Workers’ Compensation shall have an A. M. Best Company rating of [A-, VIII] or better, unless otherwise specified in Contract Documents.
Required minimum amounts of insurance may be increased should conditions of Work, in opinion of City, warrant such increase. Contractor shall increase required insurance amounts upon direction by City.
4. Required Endorsements: The required policies (including any umbrella or excess liability policy(ies)) shall be endorsed as follows and provided prior to execution of the Contract Documents.
A. Commercial General Liability Endorsement
Contractor shall furnish to the City the “Commercial General Liability Endorsement” as provided in this Document. The preferred form is a CG 20 10 11 85, but the Contractor may substitute an equivalent alternative endorsement, with prior approval by the City, provided the endorsement references “your work” and contains the following minimum specific components:
1. The insurance policy number.
2. A statement that includes the following language: “The City of Pacifica, including its officers, officials, employees, and volunteers, are included as additional insureds.”
3. An endorsement providing the insured's insurance as primary as respects the City of Pacifica and that any other insurance or self-insurance maintained by the City of Pacifica shall be in excess of the insured's insurance and shall not be called upon to contribute with it.
4. A waiver of subrogation clause and endorsement which states the following:
“This insurance company agrees to waive all rights of subrogation against the City of Pacifica, its officers, officials, employees, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City.”
5. A statement that the policy shall not be canceled except after thirty (30) days prior written notice to the City of Pacifica. If a carrier will not provide the required notice of cancellation, the Contractor shall provide written notice to the City of a cancellation no later than five (5) business days before cancellation.
6. An original, authorized signature.
An alternative to the submission of a CG 20 10 11 85 form is available. A CG 20 10 10 01 or a CG 20 33 10 01 (or similarly worded document) for ongoing operations along with a CG 20 37 10 01 for completed operations will be acceptable in lieu of a CG 20 10 11 85 form. 61 Note: Policies that include endorsement numbers CG 22 94 10 01 and/or CG 22 95 10 01, or have the endorsement wording written into the policy language, are not acceptable.
B. Automobile Liability Special Endorsement
Contractor shall furnish to the City the “Automobile Liability Special Endorsement” as provided in this Document. The Contractor may substitute an equivalent alternative endorsement with prior approval by the City, provided the endorsement contains the following minimum specific components:
1. The insurance policy number.
2. A statement that includes the following language: “The City of Pacifica, including its officers, officials, employees, and volunteers, are included as additional insureds.”
3. An endorsement providing the insured's insurance as primary as respects the City of Pacifica and that any other insurance maintained by the City of Pacifica shall be in excess of the insured's insurance, and shall not be called upon to contribute with it.
4. A waiver of subrogation clause and endorsement which states the following:
“This insurance company agrees to waive all rights of subrogation against the City of Pacifica, its officers, officials, employees, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City.”
5. A statement that the policy shall not be canceled except after thirty days prior written notice to the City of Pacifica. If a carrier will not provide the required notice of cancellation, the Contractor shall provide written notice to the City of a cancellation no later than five (5) business days before cancellation.
6. An original, authorized signature.
C. Workers' Compensation and Employer's Liability Special Endorsement Contractor shall furnish to the City the “Workers' Compensation and Employer's Liability Special Endorsement” as provided in this Document. The Contractor may substitute an alternative endorsement with prior approval by the City, provided the endorsement contains the following minimum specific components:
1. A waiver of subrogation clause and endorsement which states the following:
“This insurance company agrees to waive all rights of subrogation against the City of Pacifica, its officers, officials, employees, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City.”
2. The insurance policy number.
3. A statement that the policy shall not be canceled except after thirty days prior written notice to the City of Pacifica. If a carrier will not provide the required notice of cancellation, the Contractor shall provide written notice to the City of a cancellation no later than five (5) business days before cancellation.
4. An original, authorized signature.
62 As an alternative, the City will accept State Compensation Insurance Fund endorsement documentation in lieu of the form of endorsement provided in this Document 00 7316, provided that the documentation contains State Fund endorsement numbers 2065 and 2570.
D. Each such policy shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limit of the insurance company’s liability required hereunder.
Should any of the policies identified herein contain a “cross-suits” exclusion, such exclusion must not apply to any additional insureds.
E. Contractor or its insurance broker shall submit to City a copy of the “Declarations Page” for each policy identified under Paragraph 1 above. The Declarations Page shall include the name of the insurance carrier, the applicable policy number, the types of coverage and limits of insurance provided, the effective date(s) of the policy, the insurance broker’s name and license number, and a list of all coverage forms and endorsements.
F. Any available insurance coverage and/or proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the City as an additional insured. The requirements for coverage and limits shall be the greater of either the minimum coverage and/or limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
5. Certificates of insurance and endorsements shall have clearly typed thereon City Contract Number and title of Contract Documents. Written notice of cancellation, non-renewal, or reduction in coverage of any policy shall be mailed to City (Attention: City Risk Manager / Purchasing Agent) at the address listed in Document 00 5200 (Agreement), 30 Days in advance of the effective date of the cancellation, non-renewal, or reduction in coverage. Written notice of cancellation for nonpayment shall be mailed within 10 Days of cancellation. Contractor shall maintain all insurance in full force and effect during entire period of performance of Contract Documents, including warranty and guarantee periods. However, Contractor may discontinue All-Risk Course of Construction Insurance after Final Payment, and shall maintain General Liability Insurance throughout the entire Extended Term specified Paragraph 1.01 above. At time of making application for extension of time, and during all periods exceeding the Contract Time resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time. Upon City’s request, Contractor shall submit to City, within 30 Days, copies of the actual insurance policies or renewals or replacements.
6. Contractor shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance, City may take out comparable insurance, and deduct and retain amount of premium from any sums due Contractor under Contract Documents.
7. If injury occurs to any employee of Contractor, Subcontractor or sub-subcontractor for which the employee, or the employee’s dependents in the event of employee’s death, is entitled to compensation from City under provisions of the Workers’ Compensation Insurance and Safety Act, as amended, or for which compensation is claimed from City, City may retain out of sums due Contractor under Contract Documents, amount sufficient to cover such compensation, as fixed by the Act, as amended, until such compensation is paid, or until it is determined that no compensation is due. If City is compelled to pay compensation, City may, in its discretion, either deduct and retain from the Contract Sum the amount so paid, or require Contractor to reimburse City. 63 8. Nothing herein shall be construed as limiting in any way the extent to which Contractor or any Subcontractor may be held responsible for payment of damages resulting from their operations.
9. Except for Commercial General Liability Insurance, of which Subcontractors need only obtain [$1,000,000] in coverage, all Subcontractors shall maintain the same insurance required to be maintained by Contractor with respect to their portions of the Work unless otherwise indicated in Contract Documents, and Contractor shall cause the Subcontractors to furnish proof thereof to City within ten Days of City’s request.
10. The following provisions apply to any licensed professional engaged by Contractor to perform portions of the Work (Professional).
A. Each Professional shall maintain the following insurance, unless otherwise specified in Contract Documents:
B. Professional Liability Insurance, insuring against professional errors and omissions arising from Professional’s Work on the Project, in an amount not less than [$1,000,000] for each claims and in the aggregate. If Professional cannot provide an occurrence policy, Professional shall provide insurance covering claims made as a result of performance of Work on this Project and shall maintain such insurance in effect for not less than three years following Final Completion of the Project.
1. Professional shall satisfy all other provisions of this Document relating to that insurance, including without limitation providing required insurance certificates of insurance and the required endorsements before commencing its Work on the Project.
RESPONSIBILITY OF CONTRACTOR AND INDEMNIFICATION
1. City and each of its officers, employees, consultants and agents including, without limitation, the City Council, Project Manager and each City’s Representative, shall not be liable or accountable in any manner for loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or employed in performing the Work; injury, sickness, disease, or death of any person; or damage to property resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims.
2. To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), Contractor shall defend, indemnify, and hold harmless, City and each of its officers, officials, employees, consultants and agents including, without limitation, the City Council, Project Manager and each City’s Representative, from claims, suits, actions, losses and liability of every kind, nature and description including, without limitation, claims and fines of regulatory agencies and attorney’s fees and consultant’s fees, directly or indirectly arising out of, connected with, or resulting from performance of the Work, failure to perform the Work, or condition of the Work that is caused in whole or part by any act or omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, resulting from any cause whatsoever except for liability for loss, damage, or expense arising from City’s sole negligence, willful misconduct, or active negligence.
3. With respect to third-party claims against Contractor, Contractor waives any and all rights to any type of express or implied indemnity including, without limitation, costs of defense, against City and each of its officers, officials, employees, consultants and agents including, without limitation, City, the City Council, Project Manager and each City’s Representative. City shall provide timely notice to Contractor of any third-party claim relating to the Contract Documents, in accordance with Public Contract Code Section 9201.
64 4. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.
5. To the furthest extent permitted by law (including, without limitation, Civil Code §2782), the indemnities, releases of liability and limitations of liability, claims procedures, and limitations of remedy expressed throughout Contract Documents shall apply even in the event of breach of Contract, passive negligence, fault or strict liability of the party(ies) indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of the Contract Documents. If Contractor fails to perform any of these defense or indemnity obligations, City may in its discretion back charge Contractor for City’s costs and damages resulting therefrom and withhold such sums from progress payments or other Contract moneys which may become due. 65 EXHIBIT E
FEMA / CAL OES DOCUMENTATION AND COMPLIANCE REQUIREMENTS Emergency Investigation and Stabilization Services. Pacifica Pier, Beach Boulevard, and Utility Stabilization Project
1. Purpose and Applicability
The City anticipates that portions of the Project may be funded or reimbursed through emergency assistance, disaster recovery, or other governmental funding programs, including the California Governor’s Office of Emergency Services (“Cal OES”) and the Federal Emergency Management Agency (“FEMA”).
Contractor acknowledges that documentation supporting reimbursement may be required after completion of Work.
Contractor shall provide documentation reasonably requested by the City to support funding applications, reimbursement requests, audits, inspections, and closeout activities.
2. Contractor Responsibility for Documentation
Contractor shall maintain complete and accurate records sufficient to demonstrate:
• the nature and extent of Work performed;
• the emergency condition addressed;
• the necessity of the Work;
• the resources used;
• the costs incurred;
• compliance with applicable requirements; and
• completion of authorized activities.
Contractor documentation shall supplement, but not replace, the City’s responsibility for FEMA, Cal OES, or other funding submissions.
3. Emergency Condition Documentation
Contractor shall provide documentation identifying:
• date and location of observed conditions;
• photographs and videos;
• inspection findings;
• structural or geotechnical observations;
66 • immediate threats identified;
• recommended emergency actions;
• work performed to reduce risk; and
• completion documentation.
4. Procurement and Authorization Documentation
Contractor shall cooperate with City documentation requirements related to emergency procurement, including:
• proposal and pricing information;
• scope clarification;
• negotiated pricing documentation;
• qualifications information;
• subcontractor information;
• written authorizations;
• Phase Authorizations;
• Task Orders;
• change directives; and
• approvals for additional Work.
5. Cost Eligibility Documentation
Contractor shall maintain records necessary to support review of project costs, including:
• labor;
• equipment;
• materials;
• subcontractors;
• consultants;
• rentals;
• invoices;
• purchase orders;
• receipts;
67 • delivery records;
• disposal records; and
• payment documentation.
6. Photographic and Video Documentation
Contractor shall provide photographs and video documentation showing:
• existing conditions;
• emergency conditions;
• Work progress;
• completed Work;
• concealed conditions before covering;
• environmental protection measures;
• safety measures; and
• restoration activities.
Photographs shall include sufficient information to identify:
• date;
• location;
• activity shown; and
• relationship to the authorized Work.
7. Daily Reports and Activity Records
Contractor shall maintain daily reports documenting:
• date;
• weather conditions;
• personnel present;
• equipment used;
• materials delivered;
• Work performed;
• inspections;
68 • visitors;
• delays;
• unusual conditions; and
• safety or environmental issues.
Daily reports shall be provided to the City upon request.
8. Change Documentation
Contractor shall provide documentation supporting changes to authorized Work, including:
• reason for change;
• emergency justification, if applicable;
• revised scope;
• cost impacts;
• schedule impacts;
• alternatives considered;
• authorization received; and
• completion documentation.
9. Environmental and Regulatory Documentation
Contractor shall maintain and provide documentation relating to:
• permits;
• agency approvals;
• environmental reviews;
• mitigation measures;
• monitoring;
• inspections;
• agency communications; and
• compliance actions.
10. Labor Compliance Documentation
Contractor shall maintain documentation necessary to demonstrate compliance with applicable labor requirements, including:
69 • certified payroll;
• labor classifications;
• wage information;
• apprenticeship records, where applicable;
• subcontractor labor records; and
• labor compliance certifications.
11. Insurance and Risk Documentation
Contractor shall maintain and provide:
• certificates of insurance;
• endorsements;
• notices of claims;
• incident reports;
• property damage reports;
• safety reports; and
• other risk-related documentation.
12. Inspection and Audit Cooperation
Contractor shall cooperate with inspections, audits, reviews, and inquiries conducted by:
• City representatives;
• Cal OES;
• FEMA;
• state or federal auditors;
• regulatory agencies; and
• authorized representatives.
Contractor shall provide access to:
• project records;
• personnel;
• subcontractors;
70 • work areas;
• equipment; and
• supporting documentation.
13. Duplication of Benefits
Contractor shall notify the City if Contractor becomes aware of any potential duplication of payment, reimbursement, grant funding, insurance recovery, or other compensation related to the authorized Work.
14. Segregation of Emergency Restoration Costs
In every cost proposal, guaranteed maximum price or not-to-exceed submission, and payment request, Contractor shall separately identify and segregate the costs associated with:
(a) Emergency Protective Measures, including:
• immediate stabilization;
• temporary protection;
• emergency access;
• prevention of further damage;
• public safety measures; and
(b) Permanent, Intermediate, or Betterment Work, including any permanent reconstruction, corrosion allowance, thicker or reinforced sections, protective coatings, corrosion sleeves, encasement, or other elements that extend beyond restoring the affected facility to its pre-event kind, quality, and function.
This segregation shall be maintained from the outset of the Work so that reimbursable emergency work and non-reimbursable permanent or betterment work can be tracked separately for the City's Cal OES/CDAA and insurance purposes. The City may withhold payment for costs that are not so segregated until the segregation is provided.
15. Record Retention
Contractor shall retain FEMA, Cal OES, and Project-related documentation for the period required by:
• applicable law;
• the Agreement;
• City requirements; and
• funding agency requirements.
71 Contractor shall not destroy project records without confirmation that the applicable retention period has expired.
16. Contractor Certification
Upon request by the City, Contractor shall certify that submitted documentation:
• is accurate;
• relates to authorized Work;
• is supported by available records;
• has not been knowingly misrepresented; and
• is provided in good faith.
17. No Guarantee of Funding Eligibility
Contractor acknowledges that the City, Cal OES, FEMA, and other funding agencies determine eligibility and reimbursement decisions. Nothing in this Exhibit guarantees reimbursement or funding approval. Contractor remains responsible for providing complete and accurate documentation supporting the City’s applications and reimbursement requests. 72 EXHIBIT F
EMERGENCY DIRECTIVE / CHANGE ORDER FORM
Emergency Investigation and Stabilization Services. Pacifica Pier, Beach Boulevard, and Utility Stabilization Project
1. General Information
Project:
Emergency Investigation, Stabilization of Pacifica Pier and Adjacent Public Infrastructure Agreement Date: _______________________
Contractor: ____________________________
Emergency Directive / Change Order No.: ___________________ Date Issued: ___________________________
Phase Authorization / Task Order No.: ___________________
2. Type of Authorization
This document constitutes:
☐ Emergency Directive – Immediate action required to protect life, safety, property, or critical public infrastructure
☐ Change Order – Modification to previously authorized Work ☐ Field Authorization – Direction pending formal change documentation ☐ Other:
3. Reason for Directive or Change
The City hereby authorizes or directs the following action:
The basis for this Directive or Change includes:
☐ Emergency condition
☐ Unforeseen site condition
☐ Regulatory requirement
73 ☐ Safety requirement
☐ Design clarification
☐ Changed field condition
☐ Public protection requirement
☐ Other:
4. Description of Authorized Additional or Modified Work Contractor shall perform the following Work:
The Contractor shall not perform additional Work beyond this authorization without further written approval, except as necessary for immediate protection of life, safety, or critical infrastructure.
5. Cost Adjustment
The adjustment to contract compensation is:
☐ Increase
☐ Decrease
☐ No cost adjustment
Amount:
$________________________
Revised Contract Amount:
$________________________
6. Pricing Basis
The cost adjustment is based upon:
☐ Existing contract unit prices
☐ Lump sum proposal
☐ Time and materials
☐ Negotiated cost
74 ☐ Other approved basis:
7. Required Cost Support
Contractor shall provide supporting documentation, including:
☐ Labor records
☐ Equipment records
☐ Material invoices
☐ Subcontractor costs
☐ Supplier documentation
☐ Photographs
☐ Daily reports
☐ Other:
8. Schedule Adjustment
The authorized schedule adjustment is:
☐ No change
☐ Extension of:
______ calendar days
☐ Other:
Revised completion date:
Contractor shall provide updated schedule information reflecting the impact of this Directive or Change.
9. Environmental and Regulatory Review
This Directive or Change:
☐ Does not affect environmental or regulatory requirements ☐ Requires additional agency coordination
75 ☐ Requires additional permits or approvals
☐ Requires environmental review or documentation
Required actions:
10. Funding Documentation
This Directive or Change shall be documented for potential reimbursement through:
☐ Cal OES
☐ FEMA
☐ Other funding source:
Contractor shall provide supporting documentation required by Exhibit E.
11. Contractor Acknowledgment
By signing below, Contractor acknowledges:
• receipt of this Directive or Change;
• understanding of the authorized Work;
• obligation to maintain required documentation;
• obligation to comply with all Agreement requirements; and • responsibility to identify impacts to cost, schedule, safety, and compliance.
Contractor’s signature does not waive any rights available under the Agreement or applicable law.
12. City Authorization
CITY OF PACIFICA
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
13. Contractor Acceptance
76 CONTRACTOR: Power Engineering Construction, Co.
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
14. Supporting Attachments
Attached:
☐ Cost proposal
☐ Revised schedule
☐ Drawings/sketches
☐ Photographs
☐ Technical memorandum
☐ Agency correspondence
☐ Other:
77 Exhibit G
FEMA FEDERAL FUNDING CONTRACT PROVISIONS
A. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with 78 procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
B. Contract Work Hours and Safety Standards Act
Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic 79 receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 C.F.R. § 5.5(b)(1), the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in 29 C.F.R. §
5.5(b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 C.F.R. § 5.5(b)(1). (3) Withholding for unpaid wages and liquidated damages. The City of Pacifica shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in 29 C.F.R. § 5.5(b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. § 5.5(b)(1)-(4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §
5.5(b)(1)-(4).
C. Clean Air Act and Federal Water Pollution Control Act i. Clean Air Act
1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. The contractor agrees to report each violation to the City of Pacifica and understands and agrees that the City of Pacifica will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. ii. Federal Water Pollution Control Act
1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
2. The contractor agrees to report each violation to the City of Pacifica and understands and agrees that the City of Pacifica will, in turn, report each violation as required to assure 80 notification to the Federal Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
D. Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. Part 180, subpart C and 2C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by City of Pacifica. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to City of Pacifica, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
E. Byrd Anti-Lobbying Amendment
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.
Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification:
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a 81 Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, _______________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. ________________________________________
Signature of Contractor’s Authorized Official
________________________________________
Name and Title of Contractor’s Authorized Official
_________________
Date
F. Procurement of Recovered Materials
i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
• Competitively within a timeframe providing for compliance with the contract performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
82 ii. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
G. Prohibition on Contracting for Covered Telecommunications Equipment or Services Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
83 (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:
Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
H. Domestic Preferences for Procurements
Domestic Preference for Procurements
As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
84 Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
I. Compliance with the Davis-Bacon Act
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 31413144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141- 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
c. Additionally, contractors are required to pay wages not less than once a week.
J. Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
K. Access to Records
The following access to records requirements apply to this contract:
(1) The Contractor agrees to provide the City of Pacifica, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly 85 pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(4) In compliance with the Disaster Recovery Act of 2018, the City of Pacifica and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
L. DHS SEAL, LOGO, AND FLAGS
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
M. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
N. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
P. PROHIBITED CONTRACT TYPES; TIME-AND-MATERIALS CEILING; COST
REASONABLENESS
Consistent with 2 C.F.R. § 200.324 and 41 U.S.C. § 3905(a), the cost-plus-a-percentage-of-cost and percentage-of-construction-cost methods of contracting shall not be used for any Work funded in whole or in part by a federal award, and the Contractor shall not enter into any costplus-a-percentage-of-cost subcontract. Where the City authorizes Work on a time-and-materials 86 basis, such authorization is permitted only where no other contract type is suitable, each such authorization shall include a ceiling price (not-to-exceed amount) that the Contractor exceeds at its own risk, and the City shall exercise a degree of oversight sufficient to ensure that the Contractor is using efficient methods and effective cost controls. The Contractor shall maintain records sufficient to demonstrate that all costs charged are necessary, reasonable, allocable, and adequately documented, and that procurement of subcontracted Work provided competition to the extent practicable under the circumstances of the emergency.
SWINERTON-POWER
a joint venture
1501 Viking Street, Suite 200 | Alameda, CA 94501 | tel: (510)337-3800 | fax: (510)337-3808 | www.PowerEngConstruction.com
EMERGENCY INVESTIGATION
AND STABILIZATION SERICES
PACIFICA PIER, BEACH BOULEVARD, AND UTILITY STABLIZATION JANUARY 29, 2026
CITY OF PACIFICA
PROPOSAL
SCHEDULE ONE- CONTRACTORS PROPOSAL
T 510-337-3800 E [email protected] W POWERENGCONSTRUCTION.COM 1501 VIKING STREET, SUITE 200, ALAMEDA, CA 94501 July 24, 2026
Melissa Tigbao, Public Works Director
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Subject: Proposal for Pacifica Pier, Beach Boulevard, and Utility Stabilization Project Dear Mrs. Tigbao,
Power Engineering Construction Co. is pleased to submit this proposal for the Pacifica Pier, Beach Boulevard, and Utility Stabilization Project. The City has identified emergency conditions affecting the pier, shoreline, Beach Boulevard, and adjacent utilities that require immediate investigation, engineering, and stabilization to protect critical public infrastructure and public safety. Our team offers a practical, cost-conscious approach focused on rapidly evaluating site conditions, developing constructible solutions, and safely executing the work in a phased manner consistent with the City’s objectives.
Since 1986, Power Engineering Construction has delivered complex marine and waterfront projects throughout California, including emergency response, shoreline stabilization, design-build delivery, and over-water construction.
Our experience includes rehabilitation work at Pacifica Pier, an emergency repair at Beach Boulevard, the recent emergency stabilization of Port of San Francisco Dry Dock No. 2, emergency wharf repairs at Capitola, and the Santa Cruz Wharf Reinforcement Project, all requiring rapid mobilization and construction in active coastal environments..
Based in Alameda, we bring a complete in-house workforce, a fleet of marine equipment, ADCI-certified commercial dive teams, and the resources to self-perform the critical marine and heavy civil construction elements of this project.
Our workforce of more than 140 craft professionals, engineers, managers, and estimators allows us to maintain direct control of safety, quality, schedule, and cost while responding quickly to changing site conditions.
The project team is built around long-standing partners with direct experience in marine construction, pier rehabilitation, shoreline stabilization, and emergency waterfront repairs. Power Engineering Construction will serve as the Prime Contractor, supported by Liftech Consultants for structural engineering and temporary works, ENGEO for geotechnical engineering, Coast & Harbor Engineering for offshore wave analysis, and Scott Holmes, former Pacifica City Engineer, as a consultant providing historical knowledge of the Pacifica Pier structure and prior repairs.
Thank you for considering Power Engineering Construction Co. for this important project. Our team is immediately available to mobilize and begin work upon authorization.
Very Truly Yours,
Power Engineering Construction Co.
David Mik
SCHEDULE ONE- CONTRACTORS PROPOSAL
TABLE OF
CONTENTS
TEAM ORGANIZATION AND QUALIFICATIONS
RELEVANT PROJECT EXPERIENCE
TECHNICAL APPROACH AND UNDERSTANDING OF PROJECT CHALLENGES
PRELIMINARY PROJECT SCHEDULE
KEY PERSONNEL AND PROJECT ROLES
PROJECT RISKS AND PROPOSED MITIGATION MEASURES
COST PROPOSAL
SCHEDULE OF RATES
CONTRACT EXCEPTIONS
PROPOSER CERTIFICATIONS AND REQUIRED DECLARATIONS
ADDITIONAL INFORMATION
SECTION
01 02
03 04
05 06
07 08
09 10
11 SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project Provide a description of the proposer’s organization, ownership, structure, relevant licenses, and qualifications of the firm and proposed project team. The proposer shall identify the entity that will serve as the prime contractor and identify all proposed sucontractors, consultants, and major suppliers anticipated to perform the work.
Power Engineering Construction Co. (Power) will serve as the Prime Contractor and will have overall responsibility for project management, engineering coordination, construction, quality control, safety, scheduling, commercial diving operations, and subcontractor management for the Pacifica Pier, Beach Boulevard, and Utility Stabilization Project.
Power is a California corporation headquartered in Alameda, California, specializing in marine and heavy civil construction since 1986. The firm holds California Contractor’s License A/B/HAZ No. 488215 and California DIR Registration No. 1000007181.
The proposed project team combines experienced marine construction personnel with specialty engineering consultants and subcontractors providing the structural, geotechnical, coastal, environmental, and construction services needed to investigate, design, and construct the emergency stabilization improvements. The firms and proposed individuals have worked together on waterfront and coastal infrastructure projects throughout California for decades.
CORE PROJECT TEAM
FIRM ROLE
Power Engineering Construction Co. Prime Contractor
Liftech Consultants, Inc. Structural Engineer
ENGEO Geotechnical Engineer
Coast & Harbor Engineering Coastal Engineer
Scott Holmes. PE, former Pacifica City Engineer Consultant with historical knowledge of location and structure
TEAM QUALIFICATIONS
Power Engineering Construction Co. Power bring 40 years as a marine and heavy civil contractor that specializes in emergency response, waterfront infrastructure, shoreline stabilization, commercial diving, pile driving, and complex public works projects throughout California. The firm’s organization integrates project management, field engineering, construction supervision, commercial diving, quality control, and safety under a single management structure to support rapid mobilization and execution of emergency work.
Liftech Consultants Inc. Founded in 1964, Liftech Consultants Inc. provides structural engineering for wharves, piers, ferry terminals, and other marine infrastructure. The firm’s expertise includes structural assessment, seismic evaluation, rehabilitation, heavy temporary loading, and design of new waterfront facilities. Liftech develops practical, constructible solutions for deteriorated marine structures, emergency stabilization, and complex waterfront construction projects.
4 4
SECTION 02 NARRATIVE OF APPROACH
01 SECTION
TEAM ORGANIZATION AND
QUALIFICATIONS
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project ENGEO Brings more than 50 years of experience in geotechnical, coastal, civil, and environmental engineering for piers, waterfront facilities, and critical public infrastructure. Its services include subsurface investigation, shoreline and bluff stabilization, scour and erosion assessment, emergency response, permitting support, foundation evaluation, construction-phase engineering, and development of practical stabilization measures for complex coastal and nearshore conditions.
Coast & Harbor Engineering (CHE) is a specialized coastal engineering firm with more than 23 years of experience in coastal processes analysis, beach morphology assessment, shoreline protection design, coastal engineering analysis supporting the design and repair of piers, wharves, seawalls, and bulkheads, and coastal restoration. CHE provides planning, physical and numerical modeling, design, and construction support for coastal and marine infrastructure, including wave and hydrodynamic analysis, shoreline and revetment design, and emergency storm damage response for ports, municipalities, and state agencies.
Scott Holmes, PE, former Pacifica City Engineer, will provide project-specific advisory support based on his direct knowledge of the Pacifica Pier, Beach Boulevard, and local infrastructure. His experience includes prior abutment repairs involving the soil-cement wall and exterior shotcrete, repairs and upgrades to the Mechanically Stabilized Earth (MSE) seawall along Beach Boulevard, and familiarity with active and abandoned utilities on the pier and within Beach Boulevard. He also brings an understanding of Pacifica’s coastal development requirements, permitting and regulatory oversight.
POTENTIAL SUBCONTRACTOR SCOPES
Sawcutting
Asphalt paving
Flatwork / concrete placement
Rebar installation
Environmental monitoring during construction
Special inspection
Photogrammatic Aerial Drone Survey
5 5
SECTION 02 NARRATIVE OF APPROACH
01 SECTION
TEAM ORGANIZATION AND
QUALIFICATIONS
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project 6 SECTION 02 RELEVANT PROJECT EXPERIENCE
PROJECT BRIEF DESCRIPTION ROLE COMPLETED RELEVANT EXPERIENCE Pacifica Fishing Pier
Rehabilitation
Customer: City of Pacifica
Location: Pacifica, CA
Cost: $500K
Power repaired deteriorated concrete on the underside of the more than 900-foot-long Pacifica Municipal Fishing Pier while working within an active, high-energy surf zone.
Because conventional access was not practical, Power developed specialized means and methods to safely reach and repair the underside of the pier under changing wave and tide conditions. Power also worked collaboratively with the City to evaluate existing conditions, refine repair priorities, and maximize the amount of work completed within the available funding.
The project provides direct familiarity with the Pacifica Pier, its coastal environment, restricted access, aggressive wave exposure, concrete deterioration, and the constructability challenges associated with performing work beneath an operating pier.
Power Engineering Construction
Prime Contractor
Self-Performed Marine Access and
Concrete Repairs
2002 9 Pacifica Pier Site Experience
9 Active Coastal and Surf-Zone
9 Concrete Pier Inspection and
Repair
9 Difficult Underside Access
9 Existing-Condition Evaluation
9 Constructability/Repair
Prioritization
9 Cost-Conscious Scope Development
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE Pacifica Beach Boulevard
Emergency Seawall Repair
Customer: City of Pacifica
Location: Pacifica, CA
Cost: $308K
Power performed emergency repairs to a failed seawall and sinkhole threatening Beach Boulevard and the public promenade following severe El Niño storm damage. The work included demolition of the damaged seawall, installation of temporary coastal protection, reconstruction of a 40-foot reinforced concrete seawall with new tiebacks, placement of shotcrete, reconstruction of the wave deflector, replacement of riprap, and restoration of the failed area.
The project required rapid mobilization, construction within the active tidal zone, implementation of temporary protection measures, and completion of emergency shoreline stabilization while preventing additional erosion and protecting adjacent public infrastructure Power Engineering Construction
Prime Contractor
Self-Performed Emergency Marine
and Shoreline Construction
2016 9 Emergency Response
9 Shoreline Stabilization
9 Seawall Reconstruction
9 Scour and Erosion Protection
9 Protection of Public Infrastructure
9 City of Pacifica Experience
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE Port of San Francisco Dry Dock
No. 2 Emergency Stabilization
Customer: Port of SF
Location: San Francisco, CA
Cost: $8,596,187
Power responded to an emergency condition after severe storms caused Dry Dock No. 2 to take on water and list, creating an imminent risk of structural failure. The team rapidly mobilized to stabilize the dry dock by controlling water intrusion, implementing temporary stabilization measures, and preventing further deterioration while planning for subsequent demolition and removal.
The project required immediate emergency response, evaluation of deteriorated marine infrastructure, development of practical stabilization measures, and execution of work in a complex waterfront environment under rapidly changing conditions.
Power Engineering Construction
Prime Contractor
100% Self-Performed
2026 (ongoing)9 Emergency Response
9 Marine Structure Stabilization
9 Storm Damage Response
9 Existing Condition Assessment
9 Rapid Mobilization
9 Protection of Critical Infrastructure
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE WETA Central Bay Operations
& Maintenance Terminal
Customer: Water Emergency
Transportation Authority
Location: Alameda, CA
Cost: $54,442,318
This project is an exampe of a collaborative design-build effort with the same proposed team as Pacifica Pier; Power Engineering Construction, Liftech Consultants, and ENGEO.
The WETA Operations & Maintenance Ferry Terminal was the Design-Build of a multi-story landside building together with a vast floating dock structure. In addition to accommodating day-to-day ferry operations, the facility can withstand a seismic event and function as an Emergency Operations Center.
The marine structure includes 14,000 square feet of concrete and steel floats. It provides berthing for 12 large vessels, each with hook ups to 10 different utilities (shore power, lighting, sewer, bilge water, potable water, compressed air, fire suppression, communications, fuel oil, lube oil, and waste oil). Additionally, the project encompasses a reinforced concrete pier, a gangway, and a concrete seawall.
Power Engineering Construction
Design-Build Prime Contractor
2021 9 Emergency Response
9 Wharf Stabilization
9 Temporary Shoring and Jacking
9 Structural Investigation and Repair
9 Public Access Maintenance
9 Agency Coordination
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE Subsea Cable Scour Repair
Customer: Confidential
Location: San Francisco Bay,
CA
Cost: $4,204,776
Power performed scour mitigation to protect an exposed subsea electrical transmission cable identified as a critical component of Northern California’s power grid. The work included diver installation of a cable protection system and articulated concrete mattresses over approximately 1,200 feet of exposed cable to prevent additional scour, erosion, and impact damage.
The project required specialized marine construction, surface-supplied diving operations, barge-supported construction, precise work within strong tidal currents and active shipping lanes, and coordination with regulatory agencies and vessel traffic control to protect critical utility infrastructure.
Power Engineering Construction
Prime Contractor
100% Self-Performed
2025 9 Scour Mitigation
9 Utility Infrastructure Protection
9 Strong Current Operations
9 Critical Infrastructure Protection
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project 7
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE Santa Cruz Wharf
Reinforcement
Customer: City of Santa Cruz
Location: Santa Cruz, CA
Cost: $1.09M
Power reinforced the existing timber pile-supported Santa Cruz Wharf to improve structural capacity and extend its service life. The work included driving twenty-six new 14-inch timber piles, replacing damaged timber piles, decking, stringers, and galvanized steel T-straps, installing under-deck tie rod connections, diver-supported pile removal, and construction of temporary over-water scaffolding to provide access beneath the wharf.
The project required specialized marine construction methods, pile driving, underdeck structural repairs, environmental monitoring, and coordination to maintain safe public access while completing work ahead of schedule.
Power Engineering Construction
Prime Contractor
100% Self-Performed
2023 9 Emergency Response
9 Existing Wharf Reinforcement
9 Underdeck Structural Repairs
9 Temporary Over-Water Access
9 Structural Rehabilitation
9 Environmental Compliance
9 Public Access Maintenance
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE Crissy Field Storm Drain
Outfall Repair
Customer: Caltrans
Location: San Francisco, CA
Cost: $2.42M
Power repaired and extended a damaged storm drain outfall at Crissy Field after coastal erosion exposed and compromised the existing pipeline. The work included replacing approximately 170 feet of an existing 42-inch HDPE outfall and extending the pipeline an additional 296 feet to discharge beyond the active erosion zone.
The project required marine construction within a dynamic shoreline environment, specialized access, protection of critical public infrastructure, and execution of work in tidal conditions while maintaining environmental compliance. Power self-performed the majority of the work as the prime contractor.
Power Engineering Construction
Prime Contractor
100% Self-Performed
2015 9 Emergency Coastal Repair
9 Shoreline Construction
9 Utility Protection and Repair
9 Public Infrastructure Protection
9 Environmental Compliance
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE McNears Beach Pier Repair
for Barge Damage and Seismic
Upgrade
Customer: County Marin
Location: Marin County, CA
Design Value: $250K
During a storm, a 100’ by 400’ barge broke its mooring and collided with the pier damaging about half of the pier structure including failure of many pile-to-pile cap connections. Work was performed as an emergency repair on an aggressive schedule.
Liftech was the responsible engineer for the work. We directed and participated in the damage review, developed repair concepts with the contractors (JV), and designed repairs including new piles, new pile caps and a new innovative flexible pile-to-cap connection that significantly improved earthquake performance.
Liftech Consultants Inc.
Structural Engineer
2010 9 Emergency Response
9 Pier Stabilization
9 Utilities Critical Infrastructure
9 Public Infrastructure Protection
9 Accelerated Schedule for
9 Emergency Conditions
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE Port of Oakland Wharf
Soffitt Condition Review and
Assessment
Customer: Port of Oakland
Location: Oakland, CA
Design Value: $60K
Liftech was retained under emergency conditions due to the severe corrosion damage to the wharf deck soffits at Berths 35-38 and 60-63, most of which were experiencing large container handling equipment loadings.
Liftech immediately reviewed the damage conditions from a boat, performed structural analysis and assessment by performing yield line analyses of the various wharf soffit locations and various damage conditions to determine acceptable deck load limits, and provided detailed recommendations to the Port on damage status and allowable deck load limits. Operations were able to continue without costly disruptions.
Deliverables: Report of soffit conditions including extent of damage and damage locations, analysis results, findings in the form of allowable deck loads, and recommendations regarding the load limits and corrosion repairs.
Liftech Consultants Inc.
Structural Engineer
2025 9 Emergency Response
9 Coastal/Marine/Pier Stabilization
9 Utilities Critical Infrastructure
9 Public Infrastructure Protection
9 Accelerated Schedule for
PROJECT BRIEF DESCRIPTION COMPLETED RELEVANT EXPERIENCE Emergency Infill of Cook’s
Crack Sea Cave
Customer: City of San Diego
Location: San Diego, CA
Contract Value: $336K
ENGEO was retained by the City of San Diego to evaluate and support emergency stabilization of Cook’s Crack Sea Cave beneath Coast Boulevard in La Jolla after extensive roadway cracking raised concerns about subsurface instability.
ENGEO reassessed the cave geometry and stability, identified erosion along the fault, loss of supporting soil above the cave, and changes indicating the potential for near-future failure of the sea cave’s rock roof and that piping of the sandy soil above the cave was occurring causing lost ground above the cave. ENGEO recommended that the City stabilize the Cook’s Crack sea cave by infilling the cave with an erodible concrete mix similar in strength to the surrounding formation rock. The City approved the emergency infilling of the Cook’s Crack sea cave with erodible cement-sand slurry.
ENGEO 2019 9 Emergency Response
9 Coastal/Marine/Pier Stabilization
9 Utilities Critical Infrastructure
9 Public Infrastructure Protection
9 Accelerated Schedule for
SECTION 02 RELEVANT PROJECT EXPERIENCE
SCHEDULE ONECONTINUEDCONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project Provide a description of the proposer’s understanding of the Project objectives, site constraints, anticipated risks, emergency conditions, regulatory requirements, and proposed approach to completing the Work.
The proposal should address: investigation approach; stabilization strategy; construction sequencing; public safety measures; utility coordination; environmental and permitting considerations; and approach to maintaining schedule.
SUMMARY
The scope of work consists of a phased approach of
emergency investigation and stabilization of Beach
Boulevard, surrounding utilities, and the Pacifica
Pier. Recent storm damage and long term structural
degradation have resulted in significant structural
distress of the pier and landside abutment presenting an immediate threat to public infrastructure and facilities.
Urgent stabilization efforts are necessary to prevent
additional damage and erosion.
To prepare this proposal Power Engineering has
thoroughly reviewed the project site field conditions, RFQ materials, original construction drawings and contractor methods, and photographs of current conditions. We
have gathered lessons from previous experience working
on the Pacifica Pier, Beach Boulevard’s Seawall, and
many other emergency civil and marine shoring projects
to evaluate a stabilization and repair approach. We
formed a Design/Build team with two trusted partners
with whom we have completed a number of design/
build projects; our team includes Power Engineering
Construction Company, Liftech Consultants Inc, and
Engeo, Inc. Combined, our team has decades of
experience in all aspects required of this project.
We understand City of Pacifica’s primary goal is
protection of the public, followed by preservation
of Beach Boulevard infrastructure. This includes
sewer, power, water, and other utilities that could be
compromised with further movement of the inshore
structure. We recognize the urgency of this project, but also the importance of fully evaluating the site to identify the most cost-effective solution for the City’s intended future use of the facility.
The primary focus of this project is stabilization, but we foresee opportunity for temporary stabilization structures to be integrated into a future permanent improvements
offering more value to the stabilization approach.
Although not in scope, we have included an example on
the last sheet of concept drawing set that permanently
incorporates our proposed Phase 1 stabilization and
Phase 2 shoring to produce a renewed access pier
access strategy. We anticipate forming a transparent
partnership with the City, and will remain flexible
progressing through site investigation, design, permitting, and construction of stabilization efforts.
From our site investigation we understand the current
inshore structure is significantly cracked and rotationally settling. We suspect the original constructed sheet pile wall from 1973 has deteriorated and in combination
with storm events reached a point of failure just below mudline. In combination, the 1993 retrofit reinforced
concrete wall and slurry gravity wall are failing or
globally rotating due to a lack of base support. This
movement has produced cracking seen on top surface
and sides of the abutment raising concern for soil
retention. The rotational settlement has lowered the
elevation of the supporting landside abutment for the
pier’s first span resulting in structural damage to the piles, pile cap closure pour, and handrails at Bent B.
The currently compromised structures present a hazard
for losing retention of soil at Beach Boulevard as well inducing a progressive collapse of the pier West of the first span. The City efficiently responded by closing the pier, demolishing the topside structure and restroom,
and installing temporary rip rap in efforts to restrain the inshore structure. Additional actions are needed to further stabilize Beach Boulevard and the first pier span. 8 8
SECTION 02 NARRATIVE OF APPROACH
03 SECTION TECHNICAL APPROACH
AND UNDERSTANDING OF
PROJECT CHALLENGES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project This site presents many challenges. First and foremost, Pacifica is on the Western exposed face of the Pacific
and subject to some of the harshest storm conditions
on the coast. The predicted impacts of a strong El Nino winter elevate concerns with larger than normal surf,
wave heights, and frequency of winter storms. The
current cracking and settling of the inshore structure
leave the area vulnerable to erosion, scour, and further structural compromise. Urgent stabilization is paramount for public safety and infrastructure. The location of
the pier is central to Pacifica’s downtown and will have significant effects on residents, businesses, and visitors.
Construction efforts are subject to approvals of multiple permit agencies, environmental compliance, and will
need to be done in coordination with multiple utility
providers. Financially the pier is a very large asset in a relatively small city - which we anticipate may strain the repair budget.
In partnership efforts, we recognize project funding
may be progressive and subject to FEMA and CalOES
validation of cost. We have performed work on multiple
FEMA and CalOES projects and understand the need to
produce iterative estimates, justify means and methods, separate estimates and billings between repairs of
specific items vs project improvements, etc. to assist the City in qualifying for maximum funding where applicable.
We look forward to the opportunity to be part of the
City’s solution to urgently stabilize Beach Boulevard
and Pacifica’s pier. We have assembled a very strong
and experienced team that can quickly navigate design
build construction, promptly evaluate temporary vs
permanent stabilization options with the City, work
within an established budget, assist with permitting and cost validation, and successfully execute challenging
construction projects to mitigate further risk to the City of Pacifica.
9 9
SECTION 03 TECHNICAL APPROACH AND UNDERSTANDING OF PROJECT CHALLENGES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project PHASE 1 - BEACH BOULEVARD AND UTILITY
INVESTIGATION AND STABILIZATION
INVESTIGATIVE APPROACH
Our investigation approach will incorporate multiple
avenues starting with existing data, shifting to current site investigation, and moving into a future exploration of subsurface conditions.
Existing Data: We will review all available
documentation including existing drawings, previous
retrofit, and condition reports and photos. We will
analyze the structures before visiting the site to estimate forces and moments due to pier span rotation and
translation and structural capacities to help understand what locations are of concern.
Site Observation: Our team will conduct a
comprehensive geotechnical study and geological
investigation to assess subsurface site conditions,
providing the baseline data needed to support emergency repairs for Phase 1 and Phase 2. We will work as a team to develop working concepts to mitigate movement
at Beach Boulevard and pier. The investigation will
include coastal and geotechnical basis-of-design reports alongside construction drawings (Phase 1) tailored to
stabilize the site for future work phases. The design effort leverages our team’s coastal expertise—evaluating wave
loading, erosion, and wave run-up—while offering crucial geotechnical design support for pile foundations, earth pressures and wall evaluations, and the stabilization of the failing abutment wall system. To ensure successful
implementation, we will also provide engineering support and special testing services throughout construction.
For structures, we will observe and have photos taken
of the entirety of the landside pier structure starting from the abutment through the first two bents. We will observe areas with binoculars and direct the drone
operator to take up close photos. From the drone footage we intend to use photogrammetry to compile a digital
model of the inshore structure and first supporting
pile Bent B. Key areas to review include the span for
bending damage, particularly at its pile cap connection, the severe pile bending damage including the pile
connection into the pile cap, and the engagement of the second span with its expansion joint support. We will
confirm that key measurements are taken to understand
damage and clearances for future work and designs,
e.g., installation clearances. While on site, we will review photos, line of site observations with binoculars, and
measured displacements and rotations and ensure that
areas of concern are documented adequately for future
repair engineering work including shoring design and
construction clearances.
Subsurface Conditions: Subsurface conditions
are paramount to understanding the site’s existing
challenges, evaluating construction means and methods,
as well as evaluating performance of our proposed
design. We will execute a targeted geotechnical field
investigation along Beach Boulevard near the abutment
approach. This exploration will evaluate subsurface soil conditions and identify suitable foundation strata for new stabilization elements and seawalls. The scope includes three borings drilled up to 75 feet deep using mudrotary methods, with soil samples collected at frequent vertical intervals for laboratory testing. Additionally, we plan to remove the AC & paving surrounding the pier
entrance, pothole for utilities, install two inclinometers, and establish utility monitoring points to monitor existing conditions and future settlement. During exploratory
excavation we’ll be monitoring for distressed areas,
identifying subsurface voids with intent to backfill with CDF as needed, inspecting the adjacent seawalls to the
inshore structure, inspecting for compromised utilities, and evaluating soil and retention systems for supporting anticipated construction loading.
STABILIZATION STRATEGY
We’d like to present two Beach Boulevard stabilization
strategies in this RFQ, Concept 1 and Concept 1A. Both
will stabilize Beach Boulevard, but they vary in cost,
risk, and the resultant useable footprint of the inshore structure. Concept 1 we anticipate to be the most cost
effective, lowest risk, and smallest footprint.
In the following sections we’d like to offer two distinct design variation options to Phase 1.
10 10
SECTION 03 TECHNICAL APPROACH AND UNDERSTANDING OF PROJECT CHALLENGES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project PHASE 1 - TWO DESIGN CONCEPTS
CONCEPT 1: Installation of King Pile COMBI Wall along Beach Boulevard (See Concept Drawings, page 2 of 8)
In Concept 1, we are proposing a linear King Pile COMBI wall aligned between the existing seawall to the North and South of the inshore structure. This solution creates a continuous seawall along Beach Street. We anticipate the wall composition to incorporate approximately 10 EA 3’ diameter king piles with interconnecting sheets approximately 70’ in length. At the interface between the existing MSE seawall to the North and South a structural reinforced concrete closure connection will be constructed to seal and support the transitions. King pile and sheet piles would be sized to function in cantilever against soil loading, seismic, and surcharge loading independent of tie backs or other support that would further impact Beach Blvd. This approach will provide good protection for Beach Blvd, minimizes the stabilization footprint, and keeps stabilization pile driving further from the supporting abutment of the first pier span. This option offers little protection for the existing inshore structure from further degradation which could also affect the remaining pier should it continue to settle prior to Phase 2.
CONCEPT 1A: Installation of King Pile COMBI Wall West from Beach Boulevard (See Concept Drawings, page 3 of 8)
In Concept 1A, we are proposing a King Pile COMBI
wall that extends West off Beach Boulevard offset on the exterior of the existing inshore structure, then turns North South just before the tapered section of the existing inshore structure. This approach stabilizes Beach Blvd and the
majority of the existing inshore structure. We anticipate a similar composition of king pile and connecting sheets, as well as a reinforced structural concrete closure connection at the existing MSE seawall to the North and South side of the inshore structure. This approach is complicated by existing and new rip rap, previous retrofit improved soil and reinforced walls, tie back layout, existing sheet pile crossings, and utility crossings that will require mitigation for wall placement and additional provisions to retain soil after install. Pile driving in this approach occurs in closer proximity to the critical first pier span abutment, so we are recommending consideration of Phase 2 to shore the first span in advance of driving the COMBI wall under this option. 11 11
SECTION 03 TECHNICAL APPROACH AND UNDERSTANDING OF PROJECT CHALLENGES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project PHASE 1 - BEACH BOULEVARD AND UTILITY
INVESTIGATION AND STABILIZATION
CONSTRUCTION SEQUENCING
Our project schedule outlines preconstruction steps
including design build concept development, 100%
drawing and calculation packages, permitting assistance, and long lead material acquisition.
Onsite work will commence with our site investigation
described above. Prior to ground disturbing work
including potholing and geotechnical borings, we’ll mark the site’s known utilities with assistance of Underground Service Alert and local municipality maps. We’ll mobilize equipment and materials to the available staging area
at 2212 Beach Boulevard. Traffic control measures will
be introduced and we’ll establish our 100’ pedestrian
exclusion zone. We intend to construct a barrier with a combination of K-rail and site fencing to provide both
pedestrian and vehicular protection. After removal of AC we’ll identify utilities that require re-route, cutting, and caping in concurrence with local municipalities. Other
utilities that are at risk of compromise will be shored prior to advancing to pile driving. Any structural voids uncovered during excavation efforts will be backfilled
with CDF. Permeation grouting needs will be evaluated
behind the seawall. On completion of subsurface
excavation, borings, and integration of inclinometers and utility monitoring points, we’ll backfill to subgrade level with rock and stabilize an area in preparation for crane mobilization. Inclinometers, utility monitoring points, and survey tracking points on the inshore structure will be tracked and reported regularly to the project team.
Our intent for the site investigation phase is to confirm and critique the current design approach concurrently
to rolling out the final design drawings and calculations.
This approach should expedite schedule and permitting
efforts to minimize duration between site investigation and Beach Boulevard stability improvements.
With the design finalized, permitting at final stage of issuance, and material imminent for arrival we’ll prepare to mobilize a large land-based crane and pile driving
hammer within the pedestrian exclusion zone on Beach
Blvd in preparation for installation of the King Pile Combi Wall. Improvements to the intended crane pad area will
be made to ensure adequate support is available for
worst case track loading conditions. Traffic control and community outreach will be an important aspect as we
mobilize what will be the most intrusive equipment to the site. Following the crane arrival, we’ll initiate deliveries of the King Pile and COMBI wall sheet pile. Excess material that will not fit within the pedestrian exclusion zone will be stockpiled in the available contractor staging area.
Prior to pile driving a detailed layout will be completed to ensure the wall and interlocks will be continuous, fully engaged, and aligned at ends for closure pours to the
existing MSE seawalls. We anticipate utilizing a shallow starter trench, survey controls, and templating to ensure pile positioning remains in tolerance. We’ll ensure
biological survey and monitoring are established, employ soft start techniques as required, and begin pile driving progressing linear along Beach Boulevard from one side
of the inshore structure to the other. Monitoring points on utilities, the inshore structure, and inclinometers will be closely observed during pile driving. After installation, pile refusal and cutoffs will be reported to the engineering team. Rip rap temporarily relocated for pile driving efforts will be restored. If Phase 2 is not intended to proceed the crane and pile driving hammer will be demobilized from
site.
Onsite activity will shift to the closure pours at the
North and South transitions from COMBI walls to MSE
walls. We anticipate this will require a shoring and
excavation for integration of a reinforced concrete
transition extending below waterside grade. To bolster
soil retention and Beach Boulevard stabilization we
may also incorporate soil permeation grouting in the
landside surrounding area of the COMBI wall to MSE wall transition. Concurrently retaining wall landside drainage provisions will be added as required by design analysis.
At this point in sequence, we anticipate Beach Boulevard stabilized. If Phase 2 does not immediately commence,
we will begin removal of remaining utility shoring in
preparation of backfill, compaction, and placement of AC and paving to re-establish the intersection of Beach Blvd. and Santa Rosa Ave. On completion, demobilization will
commence from Beach Boulevard and the contractor
staging area. We anticipate monitoring points,
12 12
SECTION 03 TECHNICAL APPROACH AND UNDERSTANDING OF PROJECT CHALLENGES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project PHASE 1 - BEACH BOULEVARD AND UTILITY
INVESTIGATION AND STABILIZATION
inclinometers, and utility monitoring points will remain onsite through future phases of improvement.
PUBLIC SAFETY MEASURES
Public safety is an important aspect of any construction project, but the heavy civil, marine, and structural aspects of this project with residences immediately across the
street make this project unique. There are many controls that need to be established to execute a safe project in these conditions.
Pre-Construction Community Outreach – The
importance of stabilization of Beach Boulevard and
its infrastructure needs to be clearly communicated
to the community for alignment of a common goal.
With reasonable notice of upcoming impacts from
traffic control, parking, noise, etc. we anticipate better community support as well as improved awareness for
safety concerns.
Establishment of the 100’ Exclusion Zone –
A hard division needs to be made between the public
and a heavy civil and marine construction project.
The construction methods utilized on this project
are uncommon to typical community residences. We
anticipate the nature of work will be interesting enough to draw a crowd at times that needs to be monitored
and controlled. For others, complacency with changing
conditions could put them at risk. Consideration for
waterside protection measures of beach pedestrians,
surfers, and swimmers also needs to be addressed with
adequate signage and barriers when appropriate. Within
this exclusion zone we’ll need to control noise, dust, UV light from welding, and many other variables.
Pre-Construction Surveys – For protection of the
City, Contractor, and Residents a preconstruction survey of existing conditions prior to start of construction is necessary. Construction equipment and pile driving
activities will induce vibrations to the surrounding area.
Crack monitoring and seismic monitoring techniques will be employed to quantify impacts.
Noise and Working Hour Restriction – We
anticipate working hours will be limited given the
expected noise generation and proximity of residents
to the site. Work planning efforts will also need to
coordinate with tides. Ambient sound monitoring shall
be utilized to ensure public safety. If limits exceed
thresholds, acoustic barriers will be employed.
Weather, Swells, and Tide Monitoring – Until
stabilization is complete weather, tide, and swell forecasts present a substantial threat to public and crews crew
safety in the worksite and surrounding areas. These
aspects must be closely monitored by the construction
team and hazards communicated clearly to stakeholders
providing notice to the public when reasonable.
UTILITY COORDINATION
Utility coordination will start in the early phases of our investigation approach. Studies of As-Built drawings
from local municipalities should identify approximate
location and function of major elements. We’ll utilize
Underground Service Alert to mark the site and compare
results to record drawings. Private subsurface utilities locators will be utilized for critical infrastructure that is unclear. Potholing through means of mechanical, hand,
and vacuum excavation methods will be utilized to safely expose utilities. Utilities will by systematically identified, tracked on RFI’s and recorded As Built Drawings. For
inconsistencies, clarifications, or re-route propositions we’ll alert the City and reach out local utility suppliers and municipalities to evaluate solutions that meet the
project’s schedule goals.
13 13
SECTION 03 TECHNICAL APPROACH AND UNDERSTANDING OF PROJECT CHALLENGES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project PHASE 1 - BEACH BOULEVARD AND UTILITY
INVESTIGATION AND STABILIZATION
ENVIRONMENTAL AND PERMITTING
CONSIDERATIONS
Environmental Considerations: Our experience
driving piling along the Pacific coast – particularly within tidal zones suggests marine mammal monitoring and a
nesting bird survey may be required for our proposed
scope. We have experienced consultants available to
assist with this process as required during permit review.
We understand there is no anticipated contamination at
the site. We will plan to develop a detailed site-specific storm water prevention plan incorporating deployment
of typical BMPs to prevent runoff, sediment transfer, or other construction induced transmission from ground
disturbing activities.
Noise monitoring and acoustic barriers shall be
implemented as needed to protect wildlife.
Permitting Considerations: We understand the City
will be the CEQA lead and will assist with all required permits. We have deep experience navigating the CEQA
process and will participate in this pursuit. Given the emergency nature of this project, we anticipate permitting may be expedited through exemptions but will likely
involve RWQB, CCC, CDFW, and USACE at some point
in the construction process. Early communication with
permit agencies is critical to maintaining an emergency response schedule.
APPROACH TO MAINTAINING SCHEDULE
The key to maintaining schedule on an emergency
project of this nature will be developing an accurate and reasonable CPM baseline schedule with concurrence
from all stakeholders, regularly monitoring progress
through updates, proactively managing constraints
and risk, and setting team milestones to facilitate
accountability. Concurrent process management
between design, permitting, and long lead material
acquisition must be seamless to maximize efficiency. In a fast-moving emergency project, transparency of cost,
schedule, and risk amongst the construction team and
client is essential. Presenting information early and often is key to this approach to avoid bottlenecks.
Safety can never be compromised, and a realistic project schedule must assume weather impact days for storm,
swell, or excessive tides until a reasonable level of
stabilization can be attained.
14 14
SECTION 03 TECHNICAL APPROACH AND UNDERSTANDING OF PROJECT CHALLENGES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project PHASE 2 - PIER FIRST SPAN INVESTIGATION AND
STABILIZATION
INVESTIGATION APPROACH
The investigation approach to Phase 2 will be completed during Phase 1 in effort to fully comprehend the needed stabilization effort. We also anticipate Phase 2 may
become integral to Phase 1 pending the selected
approach of stabilizing Beach Boulevard.
STABILIZATION STRATEGY
Currently the landside abutment of the first pier span is settling and rotating. As a result, Bent B has sustained structural damage to the supporting piles, cap, closure pour and handrails. A failure of this pier span could be detrimental to the stability of the remaining pier bents.
Our stabilization strategy to Phase 2 is to mitigate further settlement by installing a temporary pile supported bent immediately West of the inshore structure. The support
will be constructed from 2 EA 36” steel pipe piles, two wide flange beam cross members, and a jack and shoring
system to ensure the temporary support is adequately
loaded to relieve the structure. Further investigation of Bent B is required to determine; (1) If a sleeve repair to the compression spalling of the existing piles at Bent B is required for the stabilization phase, (2) If a cracking or deflection at the keyed joint over Bent B require the addition of a steel saddle support strap transfer load from the first span over Bent B, (3) If tensioned rods to increase the negative bending strength are required atop the first span.
CONSTRUCTION SEQUENCING
Our project schedule outlines preconstruction steps
including design build concept development, 100%
drawing and calculation packages, permitting assistance, and long lead material acquisition.
Assuming this work occurs during or immediately
after construction of Phase 1, the crane and pile driving hammer needed for this scope will already be onsite. All environmental provisions, utility monitoring, and public safety controls will already be in place.
To initiate work, we’ll survey and layout our new
temporary support location. Pile driving will commence
to attain the required tip elevation. Piles will be cut off as needed and fabrication will proceed to install
the supporting beams beneath the span. With the
supporting beams established we’ll install the 4 EA
hydraulic jacking elements and assume approximately
25% of the calculated dead load. With the system initially shored further investigation and strengthening work
may be required per the stabilization strategy including Bent B pile repair sleeves, a Bent B saddle support, or tensioned rods to facilitate negative moment transfer.
With the situation evaluated and required improvements
constructed we’ll proceed with increasing jacking
loads to 75% of estimated dead load. On completion,
shim brackets will be installed and the hydraulic jacks removed.
At this point in the work sequence, we anticipate the
Pier’s first span will be safely stabilized. Assuming this is the last activity on the project in the final construction sequence, demobilization efforts will ensure in kind to those described in Phase 1.
Public Safety Measures:
See Phase 1 Public Safety Measures.
Utility Coordination:
See Phase 1 Utility Coordination.
Environmental and Permitting Considerations:
See Phase 1 Environmental Permitting Considerations.
Approach to Maintaining Schedule:
See Phase 1 Approach to Maintaining Schedule.
15 15
SECTION 03 TECHNICAL APPROACH AND UNDERSTANDING OF PROJECT CHALLENGES
SCHEDULE ONE- CONTRACTORS PROPOSAL
A California Corporation All rights reserved Original border size 525 x 812 mm. 2 No. Revision Date By Approved Date Revision Approved of By Sheet No. Project No. 1 3 4 5 6 7 8
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SCHEDULE ONE- CONTRACTORS PROPOSAL
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Copyright c by Liftech Consultants Inc. a
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SCHEDULE ONE- CONTRACTORS PROPOSAL
A California Corporation All rights reserved Original border size 525 x 812 mm. 2 No. Revision Date By Approved Date Revision Approved of By Sheet No. Project No. 1 3 4 5 6 7 8
Copyright c by Liftech Consultants Inc. a
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344 - 20th STREET SUITE 360, Oakland, CA 94612, 510 832-5606 Checked Checked Oakland, Ca 94612 Ph: (510) 832-5606 2025 2024
SCHEDULE ONE- CONTRACTORS PROPOSAL
A California Corporation All rights reserved Original border size 525 x 812 mm. 2 No. Revision Date By Approved Date Revision Approved of By Sheet No. Project No. 1 3 4 5 6 7 8
Copyright c by Liftech Consultants Inc. a
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344 - 20th STREET SUITE 360, Oakland, CA 94612, 510 832-5606 Checked Checked Oakland, Ca 94612 Ph: (510) 832-5606 2025 2024
SCHEDULE ONE- CONTRACTORS PROPOSAL
A California Corporation All rights reserved Original border size 525 x 812 mm. 2 No. Revision Date By Approved Date Revision Approved of By Sheet No. Project No. 1 3 4 5 6 7 8
Copyright c by Liftech Consultants Inc. a
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344 - 20th STREET SUITE 360, Oakland, CA 94612, 510 832-5606 Checked Checked Oakland, Ca 94612 Ph: (510) 832-5606 2025 2024
SCHEDULE ONE- CONTRACTORS PROPOSAL
A California Corporation All rights reserved Original border size 525 x 812 mm. 2 No. Revision Date By Approved Date Revision Approved of By Sheet No. Project No. 1 3 4 5 6 7 8
Copyright c by Liftech Consultants Inc. a
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344 - 20th STREET SUITE 360, Oakland, CA 94612, 510 832-5606 Checked Checked Oakland, Ca 94612 Ph: (510) 832-5606 2025 2024
SCHEDULE ONE- CONTRACTORS PROPOSAL
A California Corporation All rights reserved Original border size 525 x 812 mm. 2 No. Revision Date By Approved Date Revision Approved of By Sheet No. Project No. 1 3 4 5 6 7 8
Copyright c by Liftech Consultants Inc. a
bcdefgh
344 - 20th STREET SUITE 360, Oakland, CA 94612, 510 832-5606 Checked Checked Oakland, Ca 94612 Ph: (510) 832-5606 2025 2024
SCHEDULE ONE- CONTRACTORS PROPOSAL
A California Corporation All rights reserved Original border size 525 x 812 mm. 2 No. Revision Date By Approved Date Revision Approved of By Sheet No. Project No. 1 3 4 5 6 7 8
Copyright c by Liftech Consultants Inc. a
bcdefgh
344 - 20th STREET SUITE 360, Oakland, CA 94612, 510 832-5606 Checked Checked Oakland, Ca 94612 Ph: (510) 832-5606 2025 2024
SCHEDULE ONE- CONTRACTORS PROPOSAL
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project 17 SECTION 04 PRELIMINARY PROJECT SCHEDULE
ID Task
Mode
Task Name Duration Start Finish Predecessors
1 Proposal Schedule: Investigation and Stabilization of Pacifica Pier 117 days Wed 7/29/26 Fri 1/15/27 2 Proposal Due Date 0 days Wed 7/29/26 Wed 7/29/26
3 Notice of Intent to Award 5 days Wed 7/29/26 Tue 8/4/26 2 4 NTP for Investigation 10 days Wed 8/5/26 Tue 8/18/26 3 5 Site Investigation and Site Security 10 days Wed 8/19/26 Tue 9/1/26 6 Mobilize and Secure Project Site 5 days Wed 8/19/26 Tue 8/25/26 4 7 Utility Investigation and Pier Utility Capping 5 days Wed 8/26/26 Tue 9/1/26 6 8 Geotechnical Investigation (borings and pot-hole investigation) 5 days Wed 8/26/26 Tue 9/1/26 6 9 Aerial Photogrammetric Survey 2 days Wed 8/26/26 Thu 8/27/26 6 10 Phase 1 Design 30 days Wed 8/19/26 Wed 9/30/26
11 Phase 1 Concept Design Submission 5 days Wed 8/19/26 Tue 8/25/26 4 12 Phase 1 Concept Review 3 days Wed 8/26/26 Fri 8/28/26 11 13 Phase 1: 100% Design Submission 10 days Wed 9/2/26 Wed 9/16/26 7,8,9,12 14 Design Review & Approval 10 days Thu 9/17/26 Wed 9/30/26 13 15 Regulatory Review & Approval 10 days Thu 9/17/26 Wed 9/30/26 13 16 Phase 1 Construction 41 days Thu 10/1/26 Mon 11/30/26 17 Demolish Existing AC and Concrete near Pier 3 days Thu 10/1/26 Mon 10/5/26 15,14 18 Install & Grade Rock Base in Construction Area 2 days Tue 10/6/26 Wed 10/7/26 17 19 Build First Crane Pad and Mobilize Crane 3 days Thu 10/8/26 Mon 10/12/26 18 20 Backfill Voids & Permeation Grout near MSE Wall 2 days Tue 10/13/26 Wed 10/14/26 19 21 Augment Existing Rock Revetment if required 4 days Thu 10/15/26 Tue 10/20/26 20 22 Furnish & Install O-Pile or Combi-Wall 12 days Wed 10/21/26 Thu 11/5/26 21 23 Closer Pour - Connection of O-Pile Wall to Existing MSE Wall 6 days Fri 11/6/26 Fri 11/13/26 22 24 Regrade Site and Move Crane Pad Closer to Pier 6 days Mon 11/16/26 Mon 11/23/26 23 25 Install Winter SWPPP Measures & Secure Site 3 days Tue 11/24/26 Mon 11/30/26 24 26 Phase 1 Complete 0 days Mon 11/30/26 Mon 11/30/26 25 27 Phase 2 Design 45 days Wed 9/2/26 Wed 11/4/26
28 Phase 2 Concept Design Submission 10 days Wed 9/2/26 Wed 9/16/26 4,7,8,9 29 Phase 2: 100% Design Submission 15 days Thu 9/17/26 Wed 10/7/26 28 30 Design Review & Approval 10 days Thu 10/8/26 Wed 10/21/26 29 31 Regulatory Review & Approval 10 days Thu 10/22/26 Wed 11/4/26 30 32 Phase 2 Construction 47 days Thu 11/5/26 Fri 1/15/27 33 Furnish & Install Two 36" Shoring Piles 10 days Thu 11/5/26 Wed 11/18/26 31 34 Furnish & Install Shoring Beam & Jacking System 11 days Thu 11/19/26 Mon 12/7/26 33 35 Jack Shoring to 25% of Dead Load 1 day Tue 12/8/26 Tue 12/8/26 34 36 Install Scaffolding System at Pier 1 5 days Wed 12/9/26 Tue 12/15/26 35 37 Install Reinforced Pile Sleeves around Piles at Bent 1 10 days Wed 12/16/26 Thu 12/31/26 36 38 Install Bent 1 Bracing System 10 days Wed 12/23/26 Fri 1/8/27 37SS+5 days 39 Jack Shoring to 75% of Dead Load, Lock Off and Shim 1 day Mon 1/11/27 Mon 1/11/27 38 40 Remove Scaffolding at Bent 1 4 days Tue 1/12/27 Fri 1/15/27 39 41 Remove Jacking System 1 day Tue 1/12/27 Tue 1/12/27 39 42 Phase 2 Complete 0 days Fri 1/15/27 Fri 1/15/27 41,40,37 43 Initial Stabilization Project Complete 0 days Fri 1/15/27 Fri 1/15/27 26,42 7/29 Proposal Due Date
Site Investigation and Site Security
Phase 1 Design
Phase 1 Construction
Phase 1 Complete 11/30
Phase 2 Design
Phase 2 Construction
Phase 2 Complete 1/15
Initial Stabilization Project Complete 1/15
7/12 7/19 7/26 8/2 8/9 8/16 8/23 8/30 9/6 9/13 9/20 9/27 10/4 10/11 10/18 10/25 11/1 11/8 11/15 11/22 11/29 12/6 12/13 12/20 12/27 1/3 1/10 1/17 1/24 August September October November December January
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress
Project: Pacifica Pier Investigati
Date: Wed 7/29/26
SCHEDULE ONE- CONTRACTORS PROPOSAL
ID Task
Mode
Task Name Duration Start Finish Predecessors
1 Proposal Schedule: Investigation and Stabilization of Pacifica Pier 125 days Wed 7/29/26 Thu 1/28/27 2 Proposal Due Date 0 days Wed 7/29/26 Wed 7/29/26
3 Notice of Intent to Award 18 days Wed 7/29/26 Fri 8/21/26 2 4 Issue NTP for Investigation 5 days Mon 8/24/26 Fri 8/28/26 3 5 Notice to Proceed 0 days Fri 8/28/26 Fri 8/28/26 4
6 Site Investigation and Site Security 10 days Mon 8/31/26 Mon 9/14/26 7 Mobilize and Secure Project Site 5 days Mon 8/31/26 Fri 9/4/26 5 8 Utility Investigation and Pier Utility Capping 5 days Tue 9/8/26 Mon 9/14/26 7 9 Geotechnical Investigation (borings and pot-hole investigation) 5 days Tue 9/8/26 Mon 9/14/26 7 10 Aerial Photogrammetric Survey 2 days Tue 9/8/26 Wed 9/9/26 7 11 Phase 1 Design 35 days Mon 8/31/26 Mon 10/19/26
12 Phase 1 Concept Design Submission 5 days Mon 8/31/26 Fri 9/4/26 5 13 Phase 1 Concept Review 5 days Tue 9/8/26 Mon 9/14/26 12 14 Phase 1: 100% Design Submission 15 days Tue 9/15/26 Mon 10/5/26 8,9,10,13 15 Design Review & Approval 10 days Tue 10/6/26 Mon 10/19/26 14 16 Regulatory Review & Approval 10 days Tue 10/6/26 Mon 10/19/26 14 17 Phase 1 Construction 57 days Tue 10/20/26 Wed 1/13/27 18 Demolish Existing AC and Concrete near Pier 3 days Tue 10/20/26 Thu 10/22/26 16,15 19 Install & Grade Rock Base in Construction Area 2 days Fri 10/23/26 Mon 10/26/26 18 20 Build First Crane Pad and Mobilize Crane 3 days Tue 10/27/26 Thu 10/29/26 19 21 Backfill Voids & Permeation Grout near MSE Wall 2 days Fri 10/30/26 Mon 11/2/26 20 22 Augment Existing Rock Revetment if required 4 days Tue 11/3/26 Fri 11/6/26 21 23 Furnish & Install O-Pile or Combi-Wall 12 days Thu 12/3/26 Fri 12/18/26 22,36 24 Closer Pour - Connection of O-Pile Wall to Existing MSE Wall 6 days Mon 12/21/26 Wed 12/30/26 23 25 Regrade Site and Move Crane Pad Closer to Pier 6 days Thu 12/31/26 Fri 1/8/27 24 26 Install Winter SWPPP Measures & Secure Site 3 days Mon 1/11/27 Wed 1/13/27 25 27 Phase 1 Complete 0 days Wed 1/13/27 Wed 1/13/27 26
28 Phase 2 Design 35 days Mon 8/31/26 Mon 10/19/26
29 Phase 2 Concept Design Submission 10 days Mon 8/31/26 Mon 9/14/26 5 30 Phase 2: 100% Design Submission 15 days Tue 9/15/26 Mon 10/5/26 29,7,8,9 31 Design Review & Approval 10 days Tue 10/6/26 Mon 10/19/26 30 32 Regulatory Review & Approval 10 days Tue 10/6/26 Mon 10/19/26 30 33 Phase 2 Construction 59 days Fri 10/30/26 Thu 1/28/27 34 Furnish & Install Two 36" Shoring Piles 10 days Fri 10/30/26 Thu 11/12/26 32,31,20 35 Furnish & Install Shoring Beam & Jacking System 11 days Fri 11/13/26 Tue 12/1/26 34 36 Jack Shoring to 25% of Dead Load 1 day Wed 12/2/26 Wed 12/2/26 35 37 Install Scaffolding System at Pier 1 5 days Mon 12/21/26 Tue 12/29/26 36,23 38 Install Reinforced Pile Sleeves around Piles at Bent 1 10 days Wed 12/30/26 Wed 1/13/27 37 39 Install Bent 1 Bracing System 10 days Thu 1/7/27 Thu 1/21/27 38SS+5 days 40 Jack Shoring to 75% of Dead Load, Lock Off and Shim 1 day Fri 1/22/27 Fri 1/22/27 39 41 Remove Scaffolding at Bent 1 4 days Mon 1/25/27 Thu 1/28/27 40 42 Remove Jacking System 1 day Mon 1/25/27 Mon 1/25/27 40 43 Phase 2 Complete 0 days Thu 1/28/27 Thu 1/28/27 42,41,38 44 Initial Stabilization Project Complete 0 days Thu 1/28/27 Thu 1/28/27 27,43 7/29 Proposal Due Date
Notice to Proceed 8/28
Site Investigation and Site Security
Phase 1 Design
Phase 1 Construction
Phase 1 Complete 1/13
Phase 2 Design
Phase 2 Construction
Phase 2 Complete 1/28
Initial Stabilization Project Complete 1/28
7/12 7/19 7/26 8/2 8/9 8/16 8/23 8/30 9/6 9/13 9/20 9/27 10/4 10/11 10/18 10/25 11/1 11/8 11/15 11/22 11/29 12/6 12/13 12/20 12/27 1/3 1/10 1/17 1/24 1/31 2/7 August September October November December January February Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress
Project: Pacifica Pier Investigati
Date: Fri 8/14/26
SCHEDULE ONE- CONTRACTORS PROPOSAL- ALTERNATE SCHEDULE
Pacifica Pier, Beach Boulevard, and Utility Stablization Project Provide dentification of key personnel proposed for the Project, including: Project Manager; Construction Manager; Superintendent; Professional Engineer(s); Safety personnel; Major subcontractors; and other critical team members.
The proposer shall identify the experience and availability of each key individual.
Power Engineering Construction has assembled a core team with direct experience delivering emergency stabilization and marine/heavy-civil repair work under compressed schedules. Subcontractors are identified in Section 1 (Team Organization and Qualifications); this section focuses on the personnel who will lead execution of the Work.
Name - Firm -
Education
Professional
License Role on this Project Availability Experience (Relevant Projects) Wayne Stonecipher
Power Engineering
Construction
BS Civil Engineering, Cal
Polytechnic University, 2008
CA PE #85459 Project Manager
Construction Manager
Immediately available
upon NTP
Beach Boulevard Seawall Breach 2016
Capitola Wharf Resiliency
Santa Cruz Wharf Reinforcement
Crissy Field Storm Drain Outfall
Subsea Cable Scour Repair
Bennett Clegg
Power Engineering
Construction
Apprenticeship, 4-year
Pile Drivers Local 34
Superintendent Immediately available
upon NTP
Pier 68 Dry Dock #2 Emergency Repairs
Capitola Wharf Resiliency
Crissy Field Storm Drain Outfall
Subsea Cable Scour Repair
Chevron Long Wharf Upgrades
USACE Debris Wharf Replacement
Ethan Healy
Power Engineering
Construction
BS Civil Engineering
Cal Polytechnic University,
2023
Project Engineert Immediately available
upon NTP
Corteva Agriscience Wharf Repairs
Pier 68 Dry Dock #2 Emergency Repairs
Capitola Wharf Resiliency
Subsea Cable Scour Repair
MOTCO Bridge T4 and T7 Repairs
Jason Kochel
Power Engineering
Construction
BS Organizational
Communication
Cal State University,
Long Beach 2011
Safety Officer Immediately available
upon NTP
Pier 68 Dry Dock #2 Emergency Repairs
Capitola Wharf Resiliency
Subsea Cable Scour Repair
Chevron Long Wharf Upgrades
USACE Debris Wharf Replacement
MOTCO Bridge T4 and T7 Repairs
Erik Soderberg
Liftech Consultants Inc.
MS Civil Engineering
University of Texas, 1994
BS Civil Engineering
Virginia Tech, 1992
CA PE #C56137
SE #S4426
Structural Engineer Immediately available
upon NTP
Pier 68 Dry Dock #2 Emergency Repairs
Port of Oakland Outer Harbor Wharf Modernization
Marin County McNears Beach Fishing Pier Repair
IMTT, Marine Oil Terminal, Wharf Replacement
18 18
SECTION 02 NARRATIVE OF APPROACH SECTION 06 TECHNICAL APPROACH & PRICING 05 SECTION
KEY PERSONNEL AND
PROJECT ROLES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project Leah Olson
Liftech Consultants Inc.
MS Civil Engineering
University of California,
Berkeley 2010
BS Civil Engineering
University of Minnesota, Twin
Cities
2009
CA PE #C79429 Structural Engineer Project
Manager
Immediately available
upon NTP
Pier 68 Dry Dock #2 Emergency Repairs
Port of Oakland Outer Harbor Wharf Modernization
Paradise Beach Pier Repair and Renovations
IMTT, Marine Oil Terminal, Wharf Replacement
Derrick Lind
Liftech Consultants Inc.
BS Civil Engineering
San Jose State University
1996
CA PE #C60935
SE S4719
Structural Engineer Immediately available
upon NTP
Marin County McNears Beach Fishing Pier Repair
Paradise Beach Pier Repair and Renovations
IMTT, Marine Oil Terminal, Wharf Replacement
Jeff Fippin, PE, GE, QSD
ENGEO
MS Civil Engineering,
Specializing in Geotechnical
Engineering University of
Texas at Austin 1997
BS Civil and Environmental
Engineering University of
California at Davis 1995
Geotechnical
Engineer, CA-GE
2631
Civil Engineer, CACE 58935
CASQA QSD
Certified, CA 83551
Lead Geotechnical Engineer Immediately available
upon NTP
Wharf J9 Replacement Project —San Francisco, CA
The Pier 24½ to 28½ Seawall Earthquake Safety
South Basin Downtown Ferry Terminal ExpansionPort
of Oakland Berth 20-21 Aggregate Operation
Port of Richmond Point Potrero Marine Terminal
Assessment—Richmond, CA
Potrero Power Station—San Francisco, CA
WETA Central Bay Operations and Maintenance Port of
Richmond Terminal 4—Richmond, CA
Greg Spaulding, PG, CEG, CHG
ENGEO
BS, Geology, Minor in
Geography San Diego State
University, 1987
Professional
Geologist, CA 5892
Certified
Engineering
Geologist,
CA 1863
Certified
Hydrogeologist,
CA 351
Lead Coastal Geotechnical
Engineering Geologist
Immediately available
upon NTP
Coast Boulevard Stabilization by Emergency Infilling of Cook’s Crack Sea Cave—La Jolla Area of San Diego, CA
NOTS Pier Phase II—NALF San Clemente Island, CA
Imperial Beach Pier Enhancement—Imperial Beach, CA
EMCON P326 Replacement Pier, US Naval Base San
Diego–San Diego, CA
Port Hueneme Wharfs 3 and 4, US Naval Base Ventura
County—Oxnard, CA
Chollas Creek Quay Wall Replacement, US Naval Base
San Diego–San Diego, CA
Wilson Floating Dock, US Naval Auxiliary Landing Field, San Clemente Island-San Clemente Island, CA
Scott W. Fenical, PE, BC.CE,
BC.PE
Coast & Harbor Engineering
BS Mechanical Engineering
UC Santa Barbara, 1994
MS Ocean Engineering
Texas A&M University, 1996
CA PE #59466
(since 1999)
Also licensed: WA,
TX, FL, NY, OR
Coastal Engineer
Offshore wave/storm analysis
and shoreline protection
and pier stabilization design
support
Immediately available
upon NTP
Diablo Canyon Power Plant Shoreline Protection
Repair, Avila, CA, PG&E
Hyde St. Pier and Utilities Repair and Rehabilitation,
San Francisco, CA, National Park Service
Mission Bay Shoreline Protection, San Francisco, CA,
Port of San Francisco
Pillar Point Harbor Shoreline Protection, Half Moon Bay, CA, San Mateo County Harbor District
*Resumes for the above individuals can be found in the Appendix 19 19
SECTION 05 KEY PERSONNEL AND PROJECT ROLES (CONTINUED)
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project Provide identification of significant project risks and proposed mitigation measures, including: coastal conditions; weather impacts; utility conflicts; public access constraints; environmental permitting; construction access; material availability; and safety concerns.
COASTAL CONDITIONS:
Risk: Pacifica is on the Western exposed face of the
Pacific Ocean and subject to harsh coastal conditions.
The predicted impacts of a strong El Nino winter elevate concerns for larger than normal surf, wave heights, and frequency of winter storms. The site is subject to violent winter storms that can result in waves overtopping the
pier. Typical tidal variation is 6’ with king tides regularly in November and December. Sand is regularly scoured
and deposited throughout the year leaving variable
seafloor elevations. Crashing waves and rip currents
at the seawall are a hazard to crew, soil retention, and stabilization efforts.
Mitigation Measure: Coastal conditions cannot be
controlled, so monitoring and mitigation are key to
maintaining a safe site. Wind, wave, swell direction, and tide forecasts will be closely monitored in the planning phase of all weekly and daily construction activities. If significant coastal conditions are anticipated work scope will be modified to avoid any unnecessary exposure to
crew, public, or site hazards. The site will be provided with emergency communication and rescue devices for
personnel. SWPPP provisions will be inspected daily to
ensure coastal conditions do not introduce un-needed
turbidity, surface runoff, or other pollution.
WEATHER IMPACTS:
Risk: Pacifica’s summer weather regularly incurs heavy
winds and fog resulting in regular moist conditions.
Moving into fall and winter the expected storm frequency increases and coastal communities regularly face issues with flooding from heavy downpours in combination with
king tide events.
Mitigation Measure: Similar to coastal condition
provisions, close monitoring of weather conditions weekly and daily are the best form of mitigation. Heavy winds
may impact crane operations and require adjustment of
working hours to limit downtime. Good SWPPP practices
and surface preparation will help maintain a functional dry site.
UTILITY CONFLICTS:
Risk: Encountering unforeseen utilities is a cost, safety, and schedule risk that could affect overall design
and permitting efforts. Stakeholder identification and
coordination is challenging with aging infrastructure.
Mitigation: Utility coordination risks are handled by
thorough investigation of site conditions. (See technical approach for more information) We are incorporating a
previous City engineer, Scott Holmes, PE, on a consultant basis to share his extensive knowledge of Beach
Boulevard development, previous inshore structure
retrofit, and sewer improvements that we anticipate
can provide, mitigate and clarify utilities in the site investigation phase of the project.
PUBLIC ACCESS CONSTRAINTS:
Risk: The site is very compact for the equipment and
materials that must be mobilized. Maintaining any public or pedestrian right of way on Beach Boulevard will be a challenge during crane and pile driving activities. Traffic, parking, and detours will likely cause a negative public response. Trucking for deliveries and onsite transfer of materials from the contractor staging area to the pier
head will further constrain public access.
Mitigation: Early information sharing to gain public
alignment and project support is key to project execution.
Similarly, continued early communication of changing site 20 20
SECTION 02 NARRATIVE OF APPROACH SECTION 06 TECHNICAL APPROACH & PRICING 06 SECTION PROJECT RISKS AND
PROPOSED MITIGATION
MEASURES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project conditions and access limitations will keep them engaged and feel inclusive from project planning to completion.
Public access should constantly be re-evaluated in
each job phase, constraining access where needed and
improving access where possible while maintaining a
safe working environment. Best practices of just in time deliveries will be employed and efficient use and transfer of material from the contractor staging area will further alleviate public access constraints. See Public Safety
Measures section of the technical proposal for additional information.
ENVIRONMENTAL PERMITTING:
Risk: Environmental permitting may result in additional scope, cost, and schedule impacts. The most concerning
permit impact on this project is a time delay - particularly considering the urgent need to improve site stabilization.
Mitigation: Permit consultation with City staff and permit agencies will be one of the first activities following
project award. This project may allow permit expediting through exemption, but we’ll need to know what will
be required to proceed as soon as possible to avoid
delays. Environmental permits can often be obtained
with reasonable progress level drawings, so early
communication with agencies will be key to the overall
project’s success.
CONSTRUCTION ACCESS:
Risk: This site is very compact and requires large
equipment and materials operating near residential and
commercial buildings. Logistically navigating deliveries and operating equipment near residential buildings
are project risks. Proximity to the community is a risk for vibration, dust, health, and other perceived public damage. For the City and contractor, mobilizing the
equipment and material is a risk for damaged to public
roads, sidewalks, and other supporting surfaces in
addition to the currently failing inshore structure and first pier span.
Mitigation: Public outreach, good signage, well
maintained equipment, and well executed traffic plans
will be essential to establishing construction access.
Preconstruction surveys, sound monitoring, and vibration monitoring should protect both the public and contractor.
A well-thought-out approach to material and equipment
access will be established to limit further risk during the stabilization effort.
MATERIAL AVAILABILITY:
Risk: Material availability may produce cost and schedule impacts. Material availability is typically a function of design, submittal, submittal review, and procurement
which all carry individual impacts on the final product installation.
Mitigation: Team coordination on the design and review
side of critical components will occur through conference and discussion, followed by formal submittal with the
intent to mitigate any initial objections and efficiently steer the design. The critical component for our Phase 1 approach is the King Pile and COMBI wall system. Early
submittal, approval, and procurement are critical to
schedule. Currently our supplier is quoting delivery in October.
As a side note: In effort to improve stability of the
remaining pier/abutment/in shore structure system,
we recommend consideration of completing Phase 2 in
advance of Phase 1.
SAFETY CONCERNS:
Risk: There are many safety risks on this project
ranging from the most common slips and trips in wet
conditions to the most extreme of working around pile
driving equipment on a failing structure in heavy coastal conditions.
Mitigation: Risk is always present in construction, but we believe the best practice is to engineer risk out of a project to the greatest extent possible. Our approach
starts with a well-thought-out design and a detailed crew Work Plan. We then develop a project-specific Health
and Safety Plan that both reflects the Work Plan and
remains dynamic to changing job-site conditions. The
21 21
SECTION 06 PROJECT RISKS AND PROPOSED MITIGATION MEASURES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project HASP document requires continued maintenance and
action to remain relevant. Daily crew safety meetings
and JHA’s are completed to evaluate specific risk and
mitigation measures of the day. Daily risks will be heavily dependent on external changes in weather, costal
conditions, and the status of the failing inshore structure and pier, in addition to planned work activities we can control. Our company utilizes third party site observation reports by our in-house safety officers and managers
to provide independent feedback on recommended
corrective actions.
This project will also incorporate field inspections by both Liftech Consultants, Inc and Engeo, Inc for continued
evaluation of changing conditions. Our design partner’s observations will be informed by the results of the initial site investigation, site data recorders (inclinometers, drone photogrammetry, etc.) and subsequent site visits.
Safety for crew and the public is the responsibility of all parties on our team and corrective action will be
implemented immediately on discovery.
Pacifica Pier Repair, 2002
22 22
SECTION 06 PROJECT RISKS AND PROPOSED MITIGATION MEASURES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project 23 SECTION 07 COST PROPOSAL
Pacifica Pier: Phase 1 & 2 Budget
Pacifica, California
Pacifica Pier, Beach Boulevard and Utility Investigation and Stabilization Budget Date: July 29, 2026
Description Quantity Units $/Unit Total Comments Working Days Phase 1 Budget
1 Mobilize/Demobilize 1 LS $ 675,515 $ 675,515 Mobilize equipment, material, and labor to the project site. Establish suvrey control, develop work and safety plans, establish project layout. Upon completion, clean up and punch list jobsite and demobilize all equipment, labor, and debris. 17 2 Utility Investigations 1 LS $ 122,911 $ 122,911 Investigate and USA work area to identify Beach Blvd. and Pier Utilities. Pothole utility locations and cut & cap utilities running toward the pier. 15 3 Geotechnical Investigations 1 LS $ 126,011 $ 126,011 Complete soil borings and pot-hole investigation of the project site, including excavating the near MSE wall areas. Identify possible sink holes and other weakness in the pier area. Install two inclinometers somewhere on or near the Inshore Structure (sheetpile abutment) to monitor movement. 6 4 Design and Preconstruction 1 LS $ 610,910 $ 610,910
Design budget for Phase 1. Scope includes site investigation, concept level design, 100% design, permit support and construction support. This phase also includes two rounds of aerial drone Photogrammetry surveying to establish and monitor the condition of the offshore pile bent and associated pier sections.
20 5 Temporary Traffic Control 1 LS $ 115,940 $ 115,940 Develop traffic signage indicated closed streets and side walks. Install appropriate traffic signage. Provide traffic flaggers for all major equipment deliveries to the project site. 6
6 Install Public Safety Measures - 100' in Each Direction (K Rail & Fencing) 1 LS $ 52,894 $ 52,894 Purchase and install K-Rail barriers and 8' high construction fencing to create a 100' barrier around the project jobsite. 2 7 Install O-Pile Wall to Protect Beach Blvd (Option 1). 80 LF $ 23,207 $ 1,856,560 Furnish and install either an O-Pile or Combi-Wall system across the area where the Pacifica Pier joins Beach Blvd. 14 8 Ground Improvement Measures near Existing Seawall 1 LS $ 216,506 $ 216,506 Remove existing AC and Concrete in the work area around the pier. Identify and backfill voids, including fill with CDF and jet grouting of soils. Grade and backfill grade with crushed rock. Install SWPPP controls around jobsite. 17 9 Scour Protection and Shoreline Stabilization - Allowance for Additional Rock & MSE Wall Interface Upgrades 1 AL $ 294,101 $ 294,101 Excavate, construct, and backfill new connections between O-Pile Wall and existing MSE walls. Furnish and install additional rock as required (up to 300 tons) to improve the existing revetment in the area of the pier. 10 10 Construction of Temporary Work Platform 2 EA $ 111,358 $ 222,716 Construct two temporar crane work platforms. Platform 1 will support the installation of the O-Pile/Combi-Wall and Platform 2 (closer to the water) will support installation of the Phase 2 shoring of the pier bent. 7 Total Phase 1 Budget: $ 4,294,064 114
Phase 2 Budget
11 Phase 2 Design and Preconstruction 1 LS $ 396,541 $ 396,541 Design budget for Phase 2. Scope includes site investigation, concept level design, 100% design, permit support and construction support. This phase also includes four rounds of aerial drone Photogrammetry surveying to establish and monitor the condition of the offshore pile bent and associated pier sections.
20 12 Furnish & Install Phase 2 Pier Bent Shoring System 1 LS $ 2,029,951 $ 2,029,951 Furnish and install the Phase 2 Pile Supported Bent 1 shoring system, including all details shown (cross beams, hydraulic jacks, 1.75" high strength rods, Bent 1 pile jackets, Bent 1 HSS steel bracing, etc. Pier section will be jacked to 75% of DL and shimmed off. 57 Total Phase 2 Budget: $ 2,426,492 77
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project 24 SECTION 07 COST PROPOSAL
Description Quantity Units $/Unit Total Comments Working Days Alternate Budget Option
13 Phase 1A Shoring (to replace Bid Item 7 above) 1 LS $ 3,030,420 $ 3,030,420 Furnish and install either an O-Pile or Combi-Wall system around the exterior of the Inshore Structure and then through the mid-span - extending and retaining a portion of the existing Inshore Structure (probably in-board of the current structure's failure line). 29 Total Alternate Budget: $ 3,332,680 29
Project Assumptions Design Assumptions
1 Payment & Performance Bonds are required (and included within our proposal) 1 Design concepts for Phase 1, Phase 2, and alternate Phase 1A are included with our proposal. 2 A working day is defined as an 8-hour weekday between the hours of 6 AM - 5 PM. 3 The working days do not include fabrication times for materials. Proposal Exclusions 4 Only one mobilization is assumed, with continuous work until project completion. 1 Builders Risk Insurance (can be provided on a per-project basis) 5 No contingency is included in this budget. 2 Permits and Permit Fees - we will work with City Staff on obtaining necessary permits 3 Engineering or Design not listed above
Schedule Milestones 4 Utility Relocation unless listed above 1 Phase 1, including both design & construction, is anticipated to take 71 working days. 5 Site Survey, Lines, Grade 2 Phase 2, including both design & construction, is anticipated to take 92 working days. 6 Hazardous Materials Handling/Abatement/Removal 7 Special Inspection or Testing Fees
Subcontractors 8 Vibration or Damage Monitoring
1 Liftech Consultants, Inc. - Structural Engineering and overall EOR. 9 Any Repairs to the Existing Structures, Interior or Exterior, either prior to, during, or after Construction 2 Engeo, Inc. - Geotechnical Engineering 10 Temporary Power & Lighting Install and Supply 3 Coast & Harbor Engineering - Coastal Engineering 11 Industrial Hygienist or Inspection Services 12 Silt Curtain, Bubble Curtain, or other regulatory requirements not normally encountered.
SCHEDULE ONE- CONTRACTORS PROPOSAL
SECTION
08 SCHEDULE OF RATES
Professional Positions
Principal $318.00
Project Manager $245.00
Superintendent $235.00
Project Engineer $144.00
Safety Manager $144.00
Project Coordinator $130.00
Craft Positions Straight Time Overtime (Over 8 hrs.) Double Time (Over 10 hrs.) Dive Supervisor $252.00 $320.00 $388.00
Diver $249.00 $317.00 $384.00
Standby Diver $182.00 $226.00 $270.00
Tender $180.00 $223.00 $267.00
Laborer $106.00 $129.00 $153.00
Operator G3 $152.00 $190.00 $228.00
Operator G1 $156.00 $196.00 $236.00
Carpenter $160.00 $200.00 $240.00
Pile Driver $163.00 $203.00 $242.00
Pile Driver Foreman $185.00 $230.00 $274.00
Operator Foreman $185.00 $233.00 $281.00
Owned Equipment: Per equipment rate schedule attached
Payment: Payments are due 30 days from date of invoice. Payments not received within 45 days shall accrue an accounting charge on the amounts due at the rate of 1-1/2% per month Power Engineering Construction is a Union Contractor
Time & Materials Rate Sheet
Marine – US L&H
July 1, 2026 – June 30, 2027
Subcontractors, Materials, Incidentals, Rented Equipment: Invoice Cost + 10% OH & 5% Profit Power Engineering Construction is a Union Contractor
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project Power Engineering Construction Co.
Equipment Rate Sheet - Heavy Equipment
July 1, 2025 - June 30, 2026
PEC Equipment Qty Description Unit Rate
Marine 1 Equipment available upon request
Cranes 1 Manitowoc 4000W Ringer - 175 Ton Lattice Boom Crane $350 2 Kobelco CK1100G-II - 110 Ton Crawler Crane $194
1 Grove RT745 - 45 Ton All Terrain Crane $104
1 Maeda MC405 CRME Mini Crawler (54" width x 67' 11" reach x 8,480 lb. capacity) $104 1 P&H - 28 Ton All Terrain Crane $76
1 Lorain - 25 Ton Crawler Crane $69
2 Maeda MC285 CRM Mini Crawler (30" width x 31' 10" reach x 6,210 lb. capacity) $63 1 Grove 12 Ton Carrydeck Crane $47
1 Grove 9 Ton Carrydeck Crane $42
1 National Model 571E2 Boom 20 Ton F750 Boom Truck $49
1 Manitex Model 1770C 17 Ton F750 Boom Truck $49
Excavator/Backhoe 1 Komatsu PC400LC - 100K Excavator with Thumb $199 1 Kobelco SK230 SRLC 3 - 56K Excavator $130
1 Kobelco SK86CS - Excavator 20k Excavator $84
1 Case CX80 - 18K Excavator with Thumb $71
1 Kobelco SK35SR-6E - 8.5K Excavator $34
2 Case Zero Tailswing CX36B 7.5K Excavator with Thumb $34 Loaders 1 Komatsu WA380-8 - 4 Yard Wheel Loader $75
1 Cat 938 - 3 Yard Wheel Loader $75
1 Mustang 1750RT Track Skid Steer Loader $56
2 Case 440CT Compact Track Skid Steer Loader $56
1 Cat 257B LGP Track Skid Steer Loader w/ 4:1 Bucket $56 1 Case SR270 Wheel Skid Steer Loader $47
2 Case 440 Wheel Skid Steer Loader $47
Electrical 2 Generator 60 KW $34
2 Generator 40 KW $31
2 Generator 25 KW $28
5 Welder/Generator 5KW $16
1 Welder 500 amp $24
1 Welder 400 amp, trailer mounted $24
3 Welder 300 amp $20
2 Welder 200 amp $16
2 Towable Light Tower $9
4 Lincoln LN-25 Innershield Wire Feed Gun Assembly $5
PEC Equipment Qty Description Unit Rate
Trucks & Trailers 1 Dump truck 3 axle $47
1 Dump truck 2 axle $33
1 Mack 2000 gallon Water Truck $35
2 Flatbed 13 Ton $33
3 Flatbed 6 Ton $20
1 Pick-up F-550 Flatbed $16
12 Pick-up F-250 w/tools $15
5 Pick-up F-150 $14
1 Trailer 40k $13
2 Trailer 12k $12
4 Water trailer 500gal $18
3 500 Gallon Dual Wall Fuel Cell w/ Pump $11
2 250 Gallon Dual Wall Fuel Cell w/ Pump $10
Compressor &Tools 15 Compressor 160-210 cfm $27
3 Sandblaster 300 LB. $10
11 Jackhammer. $5
22 Rotohammer - Air $5
Attachments 1 110' of 26" Heavy Pile Driving Leads w/ Attachements $16 1 60' of Light Pile Driving Leads w/ Attachments $9
1 APE Hydraulic Spotter $8
1 Hydraulic Breaker $53
1 Hydraulic Rock Grapple $28
1 Auger $13
Compaction 4 Wacker 220lb $16
3 Wacker 100lb $13
SECTION 08 SCHEDULE OF RATES (CONTINUED)
EQUIPMENT RATE SHEET
26 26
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project Specialized 2 Caterpillar TH 560B 11,000lb Telescopic Handler $117 1 Kalmar DCG160 40,000LB Forklift $96
1 Kalmar DCG160 36,000LB Forklift $75
1 HPSI 65E Excavator Style Vibratory Hammer $67
1 Gigant Hydraulic Pile Hammer w/ Sheet Adapter $60
1 Hydraulic Power Pack w/ Tools $16
1 Hytorc Power Pack and Torque Tool $26
1 Vermeer Wood Chipper, Tow Behind, 6", 23 HP $39
1 GD Air Trac w/ 290# Drifter Drill $17
2 Walk Behind Saw $13
2 Reed Concrete Pump $43
2 Ferroscan Rebar Locator $24
1 Baker Corp 6x6 Jet Pump $31
2 Chem-Grout Pump $29
1 Chemical Injection Metering Pump (Lilly Injection Pump) $27 1 RDA CR60 Ton Pipe Roller/Idler Set $124
1 Rice Hydrostatic Test Pump $18
Underwater Dive Gear 7 Dive Gear Setup - Shallow Water Spread (air compressor, diver umbilical, radio, manifold) $875 per day 1 Nuvair R30-R15 LP-LP Nitrox System $765 per day
1 54" Double Lock Decompression Chamber with 5120 Compressor Package $375 per day 2 Outland UWS-3510/D Underwater HD Video Camera w/ Remote Feed $250 per day 1 Cyngus Dive Underwater Wrist Mountable Thickness Gauge (UT) $250 per day 1 NLB High Pressure Water Blaster (15,000 PSI) $450 per day 1 Keene 1,500 GPM Jet Pump w/ 5" Dredge Attachment $280 per day 4 Foster Hydraulic Unit (3,000 psi/15 GPM) with Hydraulic Tooling (power pack, saws, impact wrench, etc.) $200 per day 4 Landa Commerical Diving Hot Water Heater $200 per day 4 2000lb Lift Bag with Rigging $150 per day
1 Quincy 5120 Dive Compressor $125 per day
Survey Equipment 3 Leica 705R Total Station $15
12 Laser Level 945Uw/ Tripod and Accessories $10
2 Ferroscan Rebar Locator $8
12 Builder's Level w/ Tripod & Target $3
Miscellaneous 8 Container, 20 Foot Storage $2
1 Office Trailer (12'x44') $6
1 Office Trailer (10'x32') $5
1 Office Trailer (10'x22') $3
1 Office Conex (8'x40') $7
1 CAT R80 Forklift $23
1 Cat 10 Ton Forklift $40
2 Dresser 4 Ton Forklift $18
8 Concrete Vibrator $8
SECTION 08 SCHEDULE OF RATES (CONTINUED)
EQUIPMENT RATE SHEET
27 27
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project Identify any requested exceptions, modifications, or proposed revisions to the Draft Emergency Public Works Agreement (Attachment G), or other solicitation requirements.
DRAFT EMERGENCY PW AGREEMENT – Comments
Section 3.7 – please insert “applicable to the current emergency condition of the pier and adjacent public infrastructure” after “applicable industry standards”
Section 3.8 – given the existing pier’s age (that is not subject to repairs), if any part of Power Engineering Construction’s work fails, and that failure triggers damage to the existing pier, then this section is sufficient for the City to demand repair (more likely replace) that portion of the existing pier that was damaged. We would like to amend this clause to reflect the damaged nature of the pier and abutment, so the risk of failure is not borne by Power Engineering Construction Co.
Section 5.3 – with design will come significant exposure to the total failure of the pier (in addition to the warranty provision). We would like to discuss more even sharing of risk considering the age and condition of the pier.
Section 5.6 – the City, not Power Engineering Construction Co. should be responsible for obtaining the necessary permits
Section 5.15 (E) - the obligation to leave the site clean (including “marks” which can be interpreted to mean graffiti should be limited to that portion of the pier that is rebuilt by Power Engineering Construction Co. and definitely not the surrounding areas
Section 10.2 - The City shall be responsible for obtaining the permits from each of the agencies with authority over the coastline starting with the Coastal Commission
28 28
SECTION 02 NARRATIVE OF APPROACH SECTION 06 TECHNICAL APPROACH & PRICING 09 SECTION
CONTRACT EXCEPTIONS
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project 29 29
SECTION 02 NARRATIVE OF APPROACH SECTION 06 TECHNICAL APPROACH & PRICING 10 SECTION PROPOSER
CERTIFICATIONS
ATTACHMENT H
SCHEDULE ONE- CONTRACTORS PROPOSAL
SCHEDULE ONE- CONTRACTORS PROPOSAL
SCHEDULE ONE- CONTRACTORS PROPOSAL
SCHEDULE ONE- CONTRACTORS PROPOSAL
SCHEDULE ONE- CONTRACTORS PROPOSAL
SCHEDULE ONE- CONTRACTORS PROPOSAL
SCHEDULE ONE- CONTRACTORS PROPOSAL
Pacifica Pier, Beach Boulevard, and Utility Stablization Project No additional information is provided at this time. Power Engineering Construction Co. will promptly provide any additional information, clarifications, interviews, or presentations requested by the City during its evaluation process. 36 36
SECTION 02 NARRATIVE OF APPROACH SECTION 06 TECHNICAL APPROACH & PRICING 11 SECTION
ADDITIONAL INFORMATION
SCHEDULE ONE- CONTRACTORS PROPOSAL
APPENDIX
• CORE TEAM RESUMES
SCHEDULE ONE- CONTRACTORS PROPOSAL
Wayne Stonecipher
Project Executive I 18 Years Experience I 18 Years with Power Santa Cruz Wharf Reinforcement Project, Santa Cruz, CA ($1.1M) Provided executive leadership for structural reinforcement and emergency repairs to the Santa Cruz Municipal Wharf.
Supported constructability reviews, marine operations planning, and coordination of heavy marine equipment, pile driving, and over-water construction activities. Guided field teams through complex work performed under active public use and challenging coastal conditions.
Capitola Wharf Resiliency and Public Access Improvements, Capitola, CA ($700K) Provided executive oversight from preconstruction through completion of this emergency waterfront project following severe storm damage to Capitola Wharf. Supported project planning, construction sequencing, equipment selection, and field operations while coordinating marine construction activities in a constrained coastal environment. Worked closely with the project team to deliver emergency repairs while maintaining public safety, environmental compliance, and schedule.
Chevron Long Wharf MOTEM Upgrades & Maintenance, Richmond, CA ($60M) The work completed during a 5-year Master Service Agreement for the Chevron Richmond Long Wharf has seismically upgraded the wharf, bringing it into full compliance with Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) standards, and increased the wharf’s vessel size capacity. The upgrade work and seismic retrofit work involved concrete beam and soffit repair, underwater pile repair, replacement of over 100 piles, cast-in-place seismic concrete caps, replacement and repair of the fendering systems, electrical and mechanical upgrades, mooring hooks and bollard installation, and cluster dolphin installation.
Crissy Field Storm Drain Outfall Project, San Francisco, CA ($2.6M) This project, located at Crissy Beach in San Francisco, involved the installation of a 54” diameter outfall pipe running off-shore in an extremely sensitive marine environment with a highly constrained schedule. The existing storm drain outfall needed to be replaced, enlarged, and extended in order to alleviate on-going flooding. In addition to controlling costs on the project Wayne was in charge of coordinating layout and operation of floating equipment, which included Power’s entire fleet of derrick and material barges and an extensive underwater dive work. The project was completed nearly 2 ½ months ahead of schedule.
Treasure Island Ferry Terminal and Breakwater, San Francisco, CA ($33M) Design-Build Breakwater and Ferry Terminal; a critical component of expansive residential development on Treasure Island. The terminal is married up to a land-based transportation hub at the entrance to Treasure Island. The ferry terminal is a fixed concrete pier, a gangway, and a steel float; the terminal will support both regional ferries and water taxis. A second component of the project was a large concrete breakwater designed to protect the ferry terminal from substantial swell and wind conditions inherent on the San Francisco side of Treasure Island.
As Vice President of Field Operations, Wayne manages some of Power's most complex projects and fleet of equipment. He gives hands-on field support from design development through construction and also provides value-engineering consultation with project owners. A majority of Wayne’s projects have been time and budget sensitive and range from full spectrum marine construction to complex heavy civil underground utility works; both large and small.
He has successfully managed a variety of complex marine construction projects involving the construction or upgrade of piers, wharves and marinas throughout the SF Bay Area as well as diving and salvage work; each under strict environmental and safety guidelines. Below are some highlighted projects:
Education:
BS Civil Engineering
Cal Polytechnic
University
2008
Project Experience:
SCHEDULE ONE- CONTRACTORS PROPOSAL
Bennett Clegg
Superintendent I 29 Years Experience I 20 Years with Power Port of San Francisco Dry Dock No. 2 Emergency Stabilization, San Francisco, CA ($8.6M) Emergency stabilization of Dry Dock No. 2 following severe storm damage that resulted in flooding and structural instability. Supports project planning, constructability reviews, rapid mobilization, construction sequencing, and marine operations to stabilize the structure and protect adjacent waterfront infrastructure. Coordinates field operations, temporary stabilization measures, and emergency response activities while assisting the project team in developing practical means and methods to safely execute work in a complex marine environment under accelerated conditions.
Capitola Wharf Resiliency and Public Access Improvements, Capitola, CA ($700K) Provided executive oversight from preconstruction through completion of this emergency waterfront project following severe storm damage to Capitola Wharf. Supported project planning, construction sequencing, equipment selection, and field operations while coordinating marine construction activities in a constrained coastal environment. Worked closely with the project team to deliver emergency repairs while maintaining public safety, environmental compliance, and schedule.
Chevron Long Wharf MOTEM Upgrades & Maintenance, Richmond, CA ($60M) The work completed during a 5-year Master Service Agreement for the Chevron Richmond Long Wharf has seismically upgraded the wharf, bringing it into full compliance with Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) standards, and increased the wharf’s vessel size capacity. The upgrade work and seismic retrofit work involved concrete beam and soffit repair, underwater pile repair, replacement of over 100 piles, cast-in-place seismic concrete caps, replacement and repair of the fendering systems, electrical and mechanical upgrades, mooring hooks and bollard installation, and cluster dolphin installation.
Crissy Field Storm Drain Outfall Project, San Francisco, CA ($2.6M) This project, located at Crissy Beach in San Francisco, involved the installation of a 54” diameter outfall pipe running off-shore in an extremely sensitive marine environment with a highly constrained schedule. The existing storm drain outfall needed to be replaced, enlarged, and extended in order to alleviate on-going flooding. In addition to controlling costs on the project Wayne was in charge of coordinating layout and operation of floating equipment, which included Power’s entire fleet of derrick and material barges and an extensive underwater dive work. The project was completed nearly 2 ½ months ahead of schedule.
USACE Debris Wharf Replacement, Sausalito, CA ($2M)
This project involved the demolition and reconstruction of the USACE concrete debris wharf, which was decommissioned due to structural damage. The work included removing the existing dock and constructing a new concrete structure with driven piles, cast-in-place concrete elements, and a timber fender system. Effective coordination with multiple contractors ensured timely completion within environmental constraints and project specifications.
Bennett is a highly experienced construction superintendent with a proven track record in managing marine construction projects at active terminals. He began his career as a production welder, working under the strict quality control requirements of the new Oakland-San Francisco Bay Bridge project. Over the years, he has advanced through the ranks to supervise marine construction projects focused on seismic upgrades, repairs, and expansion of marine structures. His project expertise includes concrete work, pile driving, and steel installation, along with the integration of mechanical and electrical components required for comprehensive project delivery.
Below are some highlighted projects:
Education/Training:
APPRENTICESHIP, 4-YEAR
PILE DRIVERS LOCAL 34
Project Experience:
SCHEDULE ONE- CONTRACTORS PROPOSAL
Ethan Healy
Project Engineer I 3 Years Experience I 3 Years with Power Project Experience:
Port of San Francisco Dry Dock No. 2 Emergency Stabilization, San Francisco, CA ($8.6M) Emergency stabilization of Dry Dock No. 2 following severe storm damage that resulted in flooding and structural instability. Supports project planning, constructability reviews, rapid mobilization, construction sequencing, and marine operations to stabilize the structure and protect adjacent waterfront infrastructure. Coordinates field operations, temporary stabilization measures, and emergency response activities while assisting the project team in developing practical means and methods to safely execute work in a complex marine environment under accelerated conditions.
USACE Debris Wharf Replacement, Sausalito, CA ($2M)
This project involved the demolition and reconstruction of the USACE concrete debris wharf, which was decommissioned due to structural damage. The work included removing the existing dock and constructing a new concrete structure with driven piles, cast-in-place concrete elements, and a timber fender system. Effective coordination with multiple contractors ensured timely completion within environmental constraints and project specifications.
Jack London Square Boardwalk Improvements, Oakland, CA ($4.6M) This project was the repair of boardwalk structures 7 and 8 in Jack London Square involved specific tasks for each structure. Structure 7, a timber boardwalk supported by concrete piles and pile caps, underwent a complete demolition of existing timber framing followed by the installation of new timber framing. Additionally, concrete crack repairs were conducted for the piles and pile caps. On the other hand, Structure 8, also a timber boardwalk, relied on steel beams cantilevered from the concrete deck beneath an operational restaurant. New beams were installed to replace failing ones and support the structure, while concrete spall repair was also undertaken on the concrete deck to ensure structural integrity.
MOTCO Bridge T4 and T7 Repairs ($3.8M)
This project consisted of repairs to two timber vehicle bridges at an active DOW installation. Power Engineering was employed to replace timber bridge pilings in moderate-to-severe damage conditions and structural timber bracing to restore the bridge to operational load capacity. The bridges spanned over tidal sloughs in environmentally sensitive and protected wetlands. Installation of shoring elements and meticulous planning for pile removal and replacement allowed for an operable lane to remain open throughout construction.
Corteva Agriscience Wharf Repairs ($4.6M)
This project involved the restoration of a concrete wharf used for ship berthing for the chemical plant to receive salt deliveries. Years of offloading salt in an already brackish environment led to severe deterioration of the reinforced concrete wharf. Repairs consisted of installation of scaffold platforms under and around the entire structure for safe working access and debris containment, demolition of unsound concrete and corroded steel reinforcement, installation of new steel reinforcement, and final concrete placement for the structural beams and deck.
Total concrete placed was over 100 CY using a combination of boom and line pumps to reach the wharf sections from shore.
As Project Engineer, Ethan provides engineering insight into repair methods and assistance with project elements such as load calculations and design of temporary working platforms. He works closesly with subcontractors to understand construction methods and addresses difficulties before they arise. His work ethic is extremely steadfast which allow his teams to depend on him. They rely on his technical expertise and organizational skills to make sure all is done to fit the project’s budget and schedule.
Education:
BS Civil Engineering
Cal Polytechnic University, 2023
SCHEDULE ONE- CONTRACTORS PROPOSAL
Jason Kochel
Safety Manager I 12 Years Experience I 8 Years with Power Jason is responsible for team awareness and execution of safety programs throughout the projects he’s assigned to. He initiates new employees and subcontractors on the safety and environmental concerns of the project. He inspects jobsites and submits reports and recommendations regarding the conditions of the site. Coordinating appropriate training and certification for all employees is also his responsibility. Tim works with various government agencies to fulfill reporting requirements for health, safety and environmental concerns. His involvement increases quality of work and provides a safe environment that provides security for all involved from owner to craftsmen.
Education:
BS Organizational Communication
Cal State University, Long Beach
2011
Current Relevant Project Experience:
WETA Downtown San Francisco Ferry Terminal ($79M) | San Francisco, CA Jason oversaw safety during construction of the WETA Downtown San Francisco Ferry Terminal expansion, which included 35,000 sq. ft. of overwater concrete, a pedestrian bridge, three gangways, and three floats. The work was performed at an active public ferry terminal with ferry operations continuing nearby.
He coordinated with supervisors and subcontractors to address changing pedestrian, vessel, tide, and overwater hazards. His responsibilities included safety orientations, daily hazard planning, field inspections, safety observations, corrective action tracking, and maintaining separation between construction activities, ferry operations, and public access.
Safety Manager — Chevron Long Wharf WMEP ($55M) | Richmond, CA Jason served as Safety Manager for this multi-year seismic retrofit and rehabilitation program at Chevron’s active Richmond Long Wharf. He led implementation of the project safety program, including site-specific safety planning, employee orientations, field inspections, safety observations, hazard identification, incident reporting, subcontractor oversight, and regulatory compliance.
He worked closely with Chevron, project management, supervisors, and subcontractors to maintain safe operations while construction activities were performed around active vessel traffic, fuel transfer operations, commercial diving, heavy lifting, crane and rigging operations, and other high-risk marine work.
Safety Manager — Port of San Francisco Dry Dock 2 Emergency Repairs ($8.5M) | San Francisco, CA Jason served as Safety Manager and Competent Person for marine and shipyard operations during the emergency stabilization of an abandoned dry dock in San Francisco Bay. His oversight included daily inspection of barges, gangways, ladders, access points, crane and rigging operations, fall protection systems, personal flotation devices, rescue equipment, and overwater work areas.
He coordinated with project management and field supervision to identify changing hazards, maintain safe access between shore, barges, vessels, and work platforms, and stop work when unsafe conditions required correction. His role helped maintain safe work conditions during marine construction activities with changing access, tide, and overwater exposure.
Safety Manager — Chevron Point Orient Wharf Removal ($7.9M) | San Pablo Bay, CA Jason oversaw safety for marine demolition and debris removal work at an active refinery waterfront facility. His responsibilities included developing and enforcing site-specific safety plans, conducting hazard assessments, verifying required mitigations, and supporting safe execution of pier demolition, diving support, barge operations, crane picks, rigging, and work over water.
He performed routine jobsite inspections, documented corrective actions, verified employee training and certifications, supported incident and near-miss investigations, and maintained safety records required for owner and regulatory compliance.
Safety Manager — Substructure Repairs to Piers 29, 31.5, and 33 ($10M) | San Francisco, CA Jason provided safety oversight for under-pier structural repair work in tidal, overwater, and restricted-access environments. He helped develop site-specific procedures for confined space operations, hazard communication, access and egress, fall protection, PFD use, and work beneath existing pier structures.
He performed routine inspections, verified daily hazard analyses, tracked corrective actions, and coordinated with field teams to maintain safe work conditions during changing tide, access, lighting, and marine conditions.
SCHEDULE ONE- CONTRACTORS PROPOSAL
Erik G. Soderberg, CE, D.PE, SE
President, Senior Structural Engineer
Liftech Consultants Inc.
\\pe-az-app01.pec.local\estimating\Estimates - Current\p26-103 Pacifica Pier Emergency Repairs\05 - Pacifica Pier Technical Proposal\Section 05 Key Personnel\Liftech Resumes\Resume_Erik Soderberg_Liftech.docx
A California Corporation 1901 Harrison St., Suite 1200, Oakland, CA 94612-3574 1-510-832-5606 [email protected] www.Liftech.net Education
MS, Civil Engineering
University of Texas, 1994
BS, Civil Engineering
Virginia Tech, 1992
Employment History
Liftech Consultants Inc., 1994–Present
Professional Affiliations
American Association of Port Authorities
American Institute of Steel Construction
American Society of Civil Engineers
Earthquake Engineering Research Institute
Structural Engineers Association of
Northern California
Professional Registrations
California S4426
California C56137
Also registered in Alabama, Florida,
Georgia, Hawaii, Louisiana, Maryland,
Mississippi, New Jersey, New York,
Pennsylvania, South Carolina, Texas, US
Virgin Islands, Virginia, and Washington
Papers, Presentations, and Articles
“Port Infrastructure Modernization,”
coauthor Steven Martinez, Presented APP
2024 Winter Conference
“PED Crane and Infrastructure Upgrade
Project: Overview and Lessons Learned,”
coauthors Arun Bhimani, Sugiarto Loni,
and Claude Gentil, Presented and
Published ASCE COPRI Ports 2022
“Justify Larger Crane Girder Capacity,”
coauthor Arun Bhimani, Presented PEMA
2020 Technical Webinar titled “Views and
Technical Challenges for the New
Generation of Ship-to-Shore and Yard
Cranes”
“Seawall Movement and Piling Design at
the San Francisco Waterfront,” coauthor
Di Liu, Presented and Published ASCE
COPRI Ports 2019
Professional Experience
As Liftech’s president, Mr. Soderberg oversees the technical and contractual aspects of Liftech's projects in addition to his design work. He is experienced in the design, review, repair, and modification of a variety of structural systems including over 50 wharves and crane girders, over 20 concrete and steel floats, hundreds of container cranes, and over a dozen bulk loader structures. Other structures include crane lift and transfer systems and heavy lift systems.
Wharf Design and Review: Designed wharf upgrade concepts for Berths 22–38 at the Port of Oakland for larger vessels and STS cranes, including strengthening of landside and waterside crane girders, fender and bollard upgrades, bus bar to cable power conversion, and crane stop and stowage socket upgrades. Designed 432-foot Port of Redwood City wharf for Manson Construction. Designed 550- foot wharf for cement unloading facility in West Sacramento for Manson Construction. Designed 3,600-foot container wharf for Port of Oakland Berths 57–59. Designed extension of Port of Oakland Berth 30 and modifications to Berths 32 and 33. Designed Port of Oakland Berths 23–25 upgrades, including dolphin and fender retrofit and replacement. Reviewed dozens of wharf structures for heavy deck loads. Reviewed dozens of crane girder systems to justify larger capacity.
Float Design and Review: Designed the following float projects for Water Emergency Transportation Authority (WETA) in San Francisco, California: SSF Ferry Terminal float and gangway, SF Pier 9 ferry layover berths, Clay Street Oakland replacement float, Downtown SF Ferry Terminal floats and gangways, Alameda Central Bay Operations and Maintenance Facility (pier, float, and gangway review). Also participated in the design of the Alameda Seaplane Lagoon float, the Treasure Island float, and the San Francisco Fire Department 35 floating fire station.
Container Crane Procurement: Managed structural design review services for over a hundred container cranes for locations around the world including Hong Kong, China, and the United States.
Container Crane Modification: Reviewed designs and designed crane modifications including lift height increases, boom extensions, and gage changes.
Designed tie-down hardware and truck articulation for cranes at the Ports of Guam and Virginia.
Curved Rail Geometry and Switch Design: Designed curved rails for over two dozen locations including four with switches. Reviewed the associated crane gantry system component articulation design on around a dozen cranes.
Other Structures: Participated in design of a 4,000-t land-based crane used for the construction of nuclear power plants. Designed hangar structure repairs and shoring and access systems in California.
Heavy Lift and Shoring: Worked on dozens of heavy lift and shoring projects including many custom systems.
SCHEDULE ONE- CONTRACTORS PROPOSAL
Leah M. Olson, PE
Principal, Senior Engineer
Liftech Consultants Inc.
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A California Corporation 1901 Harrison St., Suite 1200, Oakland, CA 94612-3574 1-510-832-5606 [email protected] www.Liftech.net Education
MS, Civil Engineering
University of California, Berkeley, 2010
BS, Civil Engineering
University of Minnesota, Twin Cities,
2009
Employment History
Liftech Consultants Inc., 2010–Present
Professional Affiliations
American Council of Engineering
Companies
American Society of Civil Engineers
Structural Engineers Association of
Northern California
Professional Registrations
California C79429
Papers, Presentations, and Articles
“San Francisco Floating Fire Station 35:
Overview and Lessons Learned,” coauthors Erik Soderberg and Di Liu, Published ASCE COPRI Ports 2022
“Seismic Response of Large Pile Moored
Floating Structures,” co-authors Erik
Soderberg and Michael Jordan, Published
ASCE COPRI Ports 2019
“Crane Loads—Triple E Class and
Beyond,” co-authors Erik Soderberg and
Jonathan Hsieh, Published ASCE COPRI
Ports 2016
Professional Experience
Ms. Olson has managed multiple float, wharf, and crane projects, and has participated in the design, analysis, and modification of float and wharf structures, steel barges, container cranes, and other rigging structures. Her work includes project management, structural analysis and design, and on-site review and reporting.
Float and Gangway Design: Worked with Power Engineering Construction Company on the following projects:
Principal for a dock replacement project for the San Francisco Police Department and for structural design of the San Francisco Treasure Island float. Project manager for structural design of the Alameda Seaplane Lagoon float; San Francisco Fire Department 35 floating fire station including piling, a steel pier, a steel access ramp, and a steel float; WETA Downtown San Francisco Ferry Terminal Phase 2 Expansion project including new and refurbished floats and new gangways; and WETA Central Bay Operations and Maintenance Facility in Alameda.
Project manager for structural design of the WETA Clay Street Oakland replacement float. Worked with Manson Construction Company to provide a design that accommodated an accelerated schedule to remove the previous float and install the new float in a single weekend.
Project manager for structural design of the WETA San Francisco Pier 9 layover berths that included two steel floats for ferry vessels, working with Manson.
Participated in the structural design of the WETA SSF Ferry Terminal prestressed, reinforced concrete float, including the finite element analysis of the float structure and warping calculations.
Wharf Design, Modification, and Review: Assisted in the design of wharf modifications to accommodate shore power vaults for nine Port of Oakland berths, including review of existing wharf capacity. Project manager for review of wharf capacity projects in Canada and the United States.
Container Crane Analysis, Design, and Review: Provided analysis, design, and review assistance for container cranes for various ports around the world including Colombia, Spain, and the United States.
Container Crane Procurement: Managed and performed structural review services for container cranes for various ports around the world including the United Arab Emirates and the United States.
Damage Investigation: Developed and analyzed FEA models of main and equalizer beams in container cranes and rubber tire gantry cranes at Algeciras, Tangier, and Suez Canal Container Terminal to determine the cause of fatigue cracking and to suggest improvement modifications. Developed and analyzed an FEA model of a coal stacker in Brazil to check the stability and stresses in the structure with a new boom after the original boom was damaged.
Miscellaneous: Project manager and structural design review and analysis for hangar structure repairs for a confidential client in California.
SCHEDULE ONE- CONTRACTORS PROPOSAL
Derrick J. Lind, CE, SE
Principal, Senior Structural Engineer
Liftech Consultants Inc.
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A California Corporation 1901 Harrison St., Suite 1200, Oakland, CA 94612-3574 1-510-832-5606 [email protected] www.Liftech.net Education
BS, Civil Engineering
San Jose State University, 1996
Chabot College, 1992
Employment History
Liftech Consultants Inc., 2000–Present
Other, 1996–2000
Professional Affiliations
Structural Engineers Association of
Northern California
Professional Registrations
California S4719
California C60935
Alaska CE-222994
Hawaii PE (Structural) 18322-S
Papers, Presentations, and Articles
“Innovative Wharf Details: Elastomeric
Bearing Pile-Deck Connection and Finned
Monopile,” co-authors Erik Soderberg
and Sugi Loni, Published ASCE COPRI
Ports 2013
“Extreme Crane Upgrades,” coauthor
Jonathan Hsieh, Published Port
Technology International, 53rd Edition,
Spring 2012
“The New Panamax and jumbo ships are
coming!” coauthor Erik Soderberg,
Published Port Technology International,
52nd Edition, Winter 2011
“Container Crane Recycling: Upgrade and
Relocation,” coauthors Arun Bhimani and
Catherine Morris, Published ASCE Ports
2010
“Common Quay Crane Modifications,”
Published Port Technology International,
41st Edition, Spring 2009
Professional Experience
Mr. Lind is experienced with project management, design, review, analysis, and modification of many types of structures including container cranes, unique industrial equipment, buildings, wharves, and bridges. He specializes in all facets of crane modification including crane raises, boom extensions, capacity upgrades, and wheel load feasibility studies. His work has included crane procurement, structural analysis and design, developing construction documents, managing design teams and project budgets and schedules, and project support during construction.
Wharf Renovation: Project manager and structural design for the renovation of an existing marine terminal that handles petroleum products in Richmond.
Renovation included replacement of an existing wood wharf with two steelframed concrete product transfer platforms and 11 mooring/berthing dolphins.
Wharf Analysis: Evaluation of an existing wharf for seismic readiness and development of conceptual repair alternatives for the Port of Oakland.
Container Crane Procurement: Managed structural review services for four cranes for APL in Taiwan; 17 cranes for YICT in China; 28 cranes for Port of Singapore Authority; and 20 DHT40 cranes for the Shenzhen Dachan Bay Modern Port Development Company in China.
Container Crane Raise: Performed structural analysis and design related to the modification of ten existing STS cranes at the Port of Long Beach.
Modifications included increasing the lift height by 24 ft and strengthening the structure for seismic loads. Wheel load limitations and POLB’s crane-wharf interface were significant considerations for the design work.
Goliath Crane Evaluation: Project manager and structural analysis and review of an existing 310 T goliath crane operating at an East Coast shipyard. The purpose of the evaluation, including condition assessment and design review, was to assist the owner ensure that the crane was adequate to perform a series of upcoming critical lifts and evaluate renovation and replacement options.
Container Crane Modification and Transport: Managed structural services related to the procurement, modification, and transport of two low profile container cranes purchased by Massachusetts Port Authority from the Port of Oakland. Modifications included strengthening the crane structure for higher storm winds, installation of a boom latch, installation of a riser at the landside equalizer system, and modification of the gantry stowage hardware.
Building Structures: Designed various steel-framed buildings, masonry buildings, and site structures for a 37-acre park and Berths 57–59 at the Port of Oakland. Structural design of commercial one- and two-story, tilt-up, concrete buildings in California. Modification design of aircraft maintenance hangars, aircraft and truck canopies, and existing commercial buildings at various locations.
SCHEDULE ONE- CONTRACTORS PROPOSAL
EDUCATION
MS Civil Engineering,
Specializing in Geotechnical
Engineering, University of Texas
at Austin, 1997
BS Civil and Environmental
Engineering, University of
California at Davis, 1995
EXPERIENCE
Years with ENGEO: 24
Total Years of Experience: 30
REGISTRATIONS &
CERTIFICATIONS
Geotechnical Engineer,
CA-GE 2631
Civil Engineer, CA-CE 58935
Professional Engineer, NV 17701
Professional Engineer,
WA 24000815
Professional Engineer NMI 592
CASQA Qualified SWPPP
Developer (QSD) and Qualified
SWPPP Practitioner (QSP)
Certified, CA 83551
SPECIALIZATIONS
• Compressible Soils Deep
Foundations
• Earth Dam Design and
Safety Evaluation Earth
Retaining Structures
• Excavation and Shoring
Jeffrey A. Fippin, PE, GE, QSD
Principal
Jeff has over 30 years of geotechnical engineering experience with a strong focus on port, harbor, and waterfront facilities throughout California. His work includes wharf and marine terminal evaluations, waterfront seismic resilience improvements, dredging impact assessments, slope stability and lateral pile analyses, pile foundation recommendations, settlement evaluations, and design support for facilities underlain by liquefiable soil and soft and compressible marine deposits. He has provided principal-level technical oversight and design review for port infrastructure, ferry terminals, shoreline stabilization, bulk terminals, and industrial waterfront redevelopment projects, helping public agencies and private clients manage geotechnical risk while advancing resilient marine infrastructure. Jeff has extensive experience working on design-build projects with the team of Power Engineering Construction and Liftech Consultants.
Select Project Experience
Port of San Francisco Waterfront
Resilience Program—San
Francisco, CA
Embarcadero Early Projects address the
areas of highest earthquake and sea level
rise risks along the Embarcadero waterfront.
They are near-term actions, focused on
improving life safety and citywide disaster
response capabilities, and are the first step
toward building long-term, waterfront-wide
resilience. Jeff has worked on the following
Embarcadero Early Projects:
Wharf J9 Replacement Project
Principal Engineer. Jeff provided technical
input during evaluation. The Wharf J9 project
focuses on replacing the failing wharf at this
location with one built to modern seismic
standards. ENGEO was part of the needs
assessment and alternatives analysis phases
of this project. ENGEO performed preliminary
analysis on several alternatives for reducing
the lateral displacement hazard, including
using the wharf piles or combi-wall piles for
pinning effects and a reinforced deep soil
mixed buttress.
The Pier 24½ to 28½ Seawall Earthquake
Safety Project
Principal Engineer. Jeff participated in the
evaluation of the existing improvements and
performed final review of all work products
for the following project. The project is part
of the larger Port of San Francisco Waterfront
Resilience Program (WRP), which seeks to
strengthen approximately 7.5 miles of the San
Francisco waterfront against future seismic
hazards and flood risk from sea level rise. It
extends from Pier 24½ to 28½ and includes
the existing water-side facilities in the
approximately 750-foot-long stretch.
South Basin Downtown Ferry
Terminal Expansion—San
Francisco, CA
Principal Engineer. Jeff provided technical
oversight of the geotechnical analysis of
the new pile foundations. The Downtown
San Francisco Ferry Terminal Expansion
Project includes construction of up to two
new ferry terminals, reconstruction of an
existing terminal, installation of amenities
such as weather-protected areas for queuing,
expansion of the East Bayside Promenade
for public access, and construction of a
new plaza for future use as a staging area
1 SCHEDULE ONE- CONTRACTORS PROPOSAL
for evacuees in the event of a major catastrophe. The new gates and amenities will support WETA projects currently under development or under study to provide new ferry
service between Richmond, Berkeley, Treasure Island, Hercules, Redwood City, Martinez, and Antioch. Relatively low strength Young Bay Mud is present at the project site, with the thickness ranging from approximately 100 feet to 112 feet. As part of the design-build contract for the new terminals, ENGEO provided design recommendations for the various pile types needed for the terminal expansion.
Port of Oakland Berth 20-21 Aggregate
Operation—Oakland, CA
Project Manager, Principal in Charge. Jeff acted as the Geotechnical Engineer of record and oversaw the calculations and report preparation. The project is roughly 23 acres and currently is used as a transfer facility for the Port of Oakland.
The project would convert the berth to a bulk terminal for aggregate transfer. The site is underlain by a significant thickness of soft and compressible Young Bay Mud. We
conducted a review of existing reports, data, and performed supplemental explorations. We evaluated the setback from the existing wharf for aggregate stockpiles to limit the risk of loadinduced slope stability issues that would risk the existing wharf.
We also estimated potential settlement from the aggregate stockpiles and provided estimates of foundation capacity for the planned aerial conveyors and new light standards. As part of our services we also assisted the client in evaluating similar projects at Berths 23-24 and Howard Terminal as part of site selection.
Port of Richmond Point Potrero Marine Terminal
Assessment—Richmond, CA
Principal in Charge, Project Manager The project site is an historic and active marine terminal including marginal wharves (Berths 5–8), finger piers, graving basins, and upland fill areas supporting vehicle import and rail operations. ENGEO performed a geotechnical characterization of the facility. ENGEO reviewed historical marine geotechnical data, performed underdeck inspections, and characterized bay mud, fill, and shallow bedrock conditions to support wharf evaluation and future rehabilitation planning. We also developed planning‑level pile foundation and bearing capacity recommendations for marine retrofit concepts.
Potrero Power Station—San Francisco, CA
Principal-in-Charge. Jeff has served as the technical lead and project manager of this project for almost a decade. Potrero Power Station site comprises 21 acres of former industrial property located along San Francisco’s southern waterfront.
Geotechnical constraints include liquefiable fill, shallow hard rock, and soft compressible Young Bay Mud. We performed numerical modeling to evaluate the seismic performance
of the shoreline under seismic loading. We worked with the design-build contractor in designing a ground improvement buttress to support the shoreline stability. This shoreline work won an Honorable Mention as Outstanding Project of the
Year from CalGeo and was featured in the ASCE GeoInstitute GeoStrada Magazine.
WETA Central Bay Operations and Maintenance
Facility—Alameda, CA
Principal in Charge. Jeff provided technical quality control and oversight of the work and acted as Geotechnical Engineer of Record. The project included construction of a floating dock for mooring 12 ferries, fixed gangway pier, a new seawall, four-story administration building, and fuel yard. We provided geotechnical recommendations for all the improvements including piles for the pier and floats. We designed the new seawall as a cantilevered soldier pile wall with shotcrete construction that allowed raising the site for sea level raise mitigation.
Port of Richmond Terminal 4—Richmond, CA
Principal in Charge. Jeff performed the peer review and was the primary point of contact with the Port of Richmond, City of Richmond staff, and California Coastal Conservancy staff. Jeff also assisted in explaining the proposed mitigation to BCDC staff. ENGEO performed a third-party peer review of revetment design associated with the removal of facilities at the Port of Richmond’s Terminal 4 site. During construction, the revetment moved significantly. ENGEO was retained to review documents from design as well as Contractor submittals and construction logs. ENGEO participated in field observations during test pits into the revetment and provided our opinion on the cause of revetment movement and mitigation.
2 Jeffrey A. Fippin, PE, GE, QSD (continued)
SCHEDULE ONE- CONTRACTORS PROPOSAL
EDUCATION
BS, Geology, Minor in
Geography San Diego State
University, 1987
EXPERIENCE
Years with ENGEO: 38
Total Years of Experience: 38
REGISTRATIONS &
CERTIFICATIONS
Certified Engineering Geologist,
CA-CEG 1863
Certified Hydrogeologist,
CA-CHG 351
Professional Geologist,
CA-PG 5892
City of San Diego, Registered
Special Inspector for Deep
Foundations
SPECIALIZATIONS
• Hydrogeology
• Coastal Geology
• Landslide & Slope
Assessment
• Instrumentation
• Testing and Observation
• Foundation Excavation
Gregory A. Spaulding PG, CEG, CHG
Senior Geologist
Greg has over 38 years of experience in the fields of engineering geology, environmental geology, and hydrogeology. His geotechnical consulting experience includes tasks during planning, design, and construction phases of projects. He has provided engineering geologic input during environmental and permit document preparation, managed geotechnical investigation services during design phases for new structures, and provided geologic observations, monitoring and analysis of data collected as well as field-testing and observation services during construction period activities He has performed many geologic evaluations for waterfront, coastal and bayfront structures and properties.
Select Project Experience
Coast Boulevard Stabilization
by Emergency Infilling of Cook’s
Crack Sea Cave—La Jolla Area of
San Diego, CA
Senior Engineering Geologist. Greg was the
senior engineering geologist responsible for
this emergency sea cave infill project. After
monitoring the Cook’s Crack Sea Cave for 20
years for the City of San Diego, it was finally
determined that there was the potential for
the sea cave roof and the overlying Coast
Boulevard roadway to collapse. The City of
San Diego approved the emergency infilling
of the sea cave with erodible cement-sand
slurry and pressure grouting the near
surface soils to stabilize the cave, overlying
utilities and roadway. This project was
awarded the ENR California Region 2020
Best Small Project and ENR National 2020
Best of the Best Small Project. This project
was also awarded the ASCE-Region 9 2020
Outstanding Geotechnical Project and an
Honorable Mention in the Public Medium
category of the 2019 CalGeo Outstanding
Project Awards.
NOTS Pier Phase II—San Diego, CA
Engineering Geologist. Greg organized and
conducted the Geotechnical Investigation
for the replacement of NOTS Pier on
San Clemente Island. To characterize the
foundation conditions for the offshore pile
supported structure test core borings were
drilled and tested. Subsurface geophysical
work and a bathymetric survey were
also conducted. Greg assisted the team
in managing the permitting processes,
complying with relevant regulations and
coordinating with the Navy and regulatory
agencies. Greg worked with the project
engineers to document the findings that
were presented in a comprehensive report
presenting axial and lateral load capacity
of socketed piles, wave-induced loads, and
wind-induced lateral loads on piers for
structural design.
Imperial Beach Pier
Enhancement—Imperial Beach, CA
Engineering Geologist. The Imperial
Beach Pier is located along a portion of
the coast south of San Diego Bay and
north of the Tijuana River Estuary. The Pier
consists of two distinct components. The
Eastern Portion, originally constructed in
1960, consists of timber piles configured
in three- and four pile arrangements. The
Western Portion, originally constructed in
1989, consists of steel pipe piles primarily
configured in three-pile arrangements. The
Port of San Diego’s planned enhancement
will include a cantilevered deck extension,
canopy, and railing constructed within
the beach zone of the pier (Bents 4 and
5). The structural enhancements would be
1 SCHEDULE ONE- CONTRACTORS PROPOSAL
supported in a combination of the existing timber piles and four new piles. Greg over saw the subsurface exploration to characterize the subsurface conditions at the location of the pier enhancement. The exploration was directed at providing vertical and lateral pile capacities for the existing and proposed piles as well as providing drivability recommendations for installation of the proposed piles.
EMCON P326 Replacement Pier, US Naval Base
San Diego–San Diego, CA
Engineering Geologist. Greg was the engineering geologist during the field drilling operations for the construction of upgraded berthing facilities at Naval Base San Diego. The project included demolition of Piers 10 and 11 and construction of a new 457-meter-long by 37-meter-wide permanent concrete berthing/maintenance pier capable of supporting crane
operations. The geotechnical investigation included the drilling of 15 borings and a geophysical survey to identify any fault traces in the vicinity of the replacement pier. Recommendations were provided for the seismic design of the replacement pier.
Port Hueneme Wharfs 3 and 4, US Naval Base
Ventura County—Oxnard, CA
Engineering Geologist. Greg oversaw field operations which included drilling, sampling, and testing of the cyclopean wall backfill and underlying sedimentary deposits. This study was conducted for the Navy to assess the integrity of the wharfs to be able to accommodate heavy loads during loading and unloading of heavy military equipment as well as supporting Space-X rocket recoveries. Greg oversaw the exploration program which utilized both standard and sonic coring methods to continually sample the cyclopean wall mass backfill and underlying sediments. A downhole geophysical survey was also performed to help interpret the integrity of the cyclopean wall mass. An extensive engineering analysis was performed of the static and seismic stability of the cyclopean mass, backfill, and underlying sedimentary deposits as well as an analysis of the capacity of the concrete deck slab for support of heavy vehicle loading conditions.
Dana Point Harbor Revitalization—City of Dana
Point/Orange County Parks, CA
Senior Engineering Geologist. Greg was the engineering
geologist in charge of the field drilling program for evaluation of the subsurface conditions for both landside improvements and guide pile design for new dock facilities. Greg’s work also included an assessment of the approximately 100-foot-high bluff north of the harbor including an analysis of rockfall hazard.
Dana Point Harbor is currently undergoing a major renovation of its facilities.
Chollas Creek Quay Wall Replacement, US Naval
Base San Diego–San Diego, CA
Engineering Geologist. Greg was responsible for the
geotechnical investigation and evaluation to support the design-build team for replacement of a portion of the failed Chollas Creek quay wall located at the northerly end of Naval Base San Diego and upgrading the remainder of the quay wall.
This work included advancing three soil test borings and seven CPT soundings to depths of 100 feet below existing grades, assessment of the data, developing site-specific response spectra, liquefaction assessment of the soils, evaluating ground improvement alternatives with respect to liquefaction mitigation and preparing a report for support of the design-build team.
Wilson Floating Dock, US Naval Auxiliary Landing
Field, San Clemente Island-San Clemente
Island, CA
Engineering Geologist. Greg provided engineering geology support and construction management oversite for the designbuild project for the construction and installation of a new floating dock system and installation of a Jib crane at the Wilson Cove Pier on San Clemente Island. Services included drilling and installing four monopiles to anchor a new 12-foot-wide by 50-foot-long floating dock system adjacent to the Wilson Cove Pier. The project also included underwater lateral load testing of the monopiles and the installation of four new small boat moorings for support of island operations.
2 Gregory A. Spaulding PG, CEG, CHG (continued)
SCHEDULE ONE- CONTRACTORS PROPOSAL
Scott W. Fenical, PE, BC.CE, BC.PE
Mr. Fenical has 30 years of professional experience in coastal, marine, and maritime engineering. Mr. Fenical specializes in coastal processes analysis and numerical modeling, scour and scour protection, remedial design and capping for erosion protection in contaminated sediment sites, shoreline protection, marine habitat design, dredging, vessel hydrodynamics including wakes and propeller wash, mooring analysis, ship maneuvering/berthing, and navigation hazards evaluation including vessel collision with bridges and tunnels.
Experience and Skills
Mr. Fenical’s coastal analysis experience includes the development, validation, and application of advanced numerical models to simulate coastal and riverine processes including current circulation, sediment transport and scour under waves and currents, water quality, and windwave generation and transformation. Mr. Fenical also performs a wide range of CFD modeling of coastal processes and sediment/contaminant transport. Mr. Fenical prepares and reviews engineering plans and specifications for scour and shoreline protection, coastal structures including breakwaters, groins, revetments and beach nourishment, and dredging. Mr. Fenical’s maritime specialty analysis includes deep-draft vessel pressure fields, high-speed ferry wakes, propeller/jet wash, static/dynamic mooring analysis, floating structure motion/loading, passing ship hydrodynamic loading, and ship maneuvering and berthing. He analyses vessel traffic and prepares navigation hazard assessments including evaluation of bridge and tunnel collision with AASHTO methodology, ship grounding and sinking, anchor drop/drag, propeller wash and scour.
Employment History
2024 – Present Coast & Harbor Engineering (Re-Founding Principal) 2014 – 2024 Mott MacDonald (Coast & Harbor Engineering Acquired 2014) 2003 – 2014 Coast & Harbor Engineering (Founding Principal) 1996 – 2003 Pacific International Engineering
Selected Projects
Scorpion Pier Ferry Passenger Loading Facility, National Park Services, Channel Islands, CA: Project Manager. Conducted coastal processes analysis including waves, currents, sea level rise and conceptual design of shoreline protection for National Parks Service ferry terminal pier at Santa Cruz Island. (2013)
Anacapa Island Ferry Passenger Loading Facility, National Park Services, Channel Islands, CA: Senior Technical Advisor. Reviewed and revised coastal processes analysis and conceptual designs of mooring improvements for National Parks Service tour boat offloading pier at Anacapa Island. (2012)
San Nicolas Island Barge Mooring Facility, San Nicolas Island, CA: Project Manager.
Conducted coastal processes analysis (waves, currents, sediment transport) and shoreline protection final engineering design for new Navy offload pier. Analysis also included nearshore wave transformation modeling and barge motion analysis. (2004 – 2005) Diablo Canyon Power Plant Revetment/Breakwater Repair, PG&E, Avila Beach, CA:
Project Manager. Reviewed and directed coastal processes analysis, wave transformation modeling, and conceptual and final engineering design of shoreline protection repair for breakwater protecting intake lagoon at critical power plant facility. (2026) Berth 408 Coastal Processes and Mooring Analysis, Port of Los Angeles, CA: Project Manager. Conducted wind and wave evaluation, vessel hydrodynamic modeling for containerships, wave transformation modeling, and dynamic mooring analysis for tankers at proposed new berth on Pier 400. (2010)
Hyde Street Pier and Utilities Repair and Rehabilitation, San Francisco Maritime National Historical Park, San Francisco, CA: Senior Technical Advisor. Served for all coastal engineering elements on the project, including site vulnerability to storm waves, sea level rise, and future sediment deposition requiring maintenance dredging. Directed mooring analysis and berth improvement evaluation for vessels permanently moored at the pier.(2016 – 2020) Education:
BS, Mechanical Engineering,
University of California, Santa
Barbara, 1994
MS, Ocean Engineering,
Texas A&M University, 1996
Registrations (PE):
WA, 25016397, 2025
CA, 59466, 1999
TX, 116337, 2014
FL, 84427, 2018
NY, 099306-1, 2018
OR, 101533PE, 2023
Professional:
American Society of Civil
Engineers (ASCE)
Author, ASCE Mooring
Subcommittee
Member, ASCE Ports &
Harbors Committee
Member, British Standards
EUROCODE Committee
Academy of Coastal, Ocean,
Port & Navigation Engineers
(ACOPNE): Board Certified
in Coastal Engineering
Academy of Coastal, Ocean,
Port & Navigation Engineers
(ACOPNE): Board Certified
in Port Engineering
SCHEDULE ONE- CONTRACTORS PROPOSAL
Berkeley Pier Ferry Terminal Feasibility Study, City of Berkeley, CA: Project Manager.
Performed coastal analysis, dredging evaluation, maneuvering evaluation and concept design of new ferry terminal at rehabilitated municipal pier. (2020 – 2021) San Francisco Marina Renovation, City of San Francisco, San Francisco, CA: Project Manager. Conducted coastal engineering analysis, hydrodynamic and sediment transport modeling, sedimentation evaluation, floating breakwater/sheetpile breakwater design and numerical modeling of water quality for West Yacht Harbor renovation. (2010 – 2012) Fire Station 35 Fireboat Facility, San Francisco Public Works, San Francisco, CA : Project Manager. Conducted coastal processes analysis, barge stability and motion analysis, sedimentation evaluation, and sediment transport and sedimentation evaluation for new floating barge facility. (2019)
Siuslaw River Jetties Major Maintenance, USACE Portland District, OR: Project Manager.
Conducted 3D hydrodynamic modeling and morphology modeling, wave climate analysis and wave transformation modeling, and sedimentation analysis to evaluate alternatives for Siuslaw River Jetty modifications to reduce sedimentation and maintenance dredging (2012) Shell Mormon Island Terminal Dynamic Mooring Analysis, Port of Los Angeles, CA:
Project Manager. Conducted wind evaluation, vessel hydrodynamic modeling for containerships, and dynamic mooring analysis for tankers at existing oil terminal. (2019) Carnival Cruise Lines Wharf H Swell and Mooring Analysis, Long Beach, CA: Project Manager. Conducted wave transformation evaluation, wave loading simulations on vessels, and dynamic mooring simulations at Long Beach Cruise Terminal. (2018 – 2019) Port of Hueneme Navigation Safety Studies, Port of Hueneme, CA: Project Manager.
Conducted navigation simulations to determine safety of changing restricted fishing areas and mooring areas for squid fishing boats in the entrance channel for containerships. (2014) Port of Hueneme Entrance Channel Deepening Study, Port of Hueneme, CA: Project Manager. Conducted ship maneuvering analysis and clearance simulations, and directed geotechnical slope stability analysis to evaluate reduction in channel width proposed by USACE Los Angeles District to reduce slope stability concerns during deepening. (2018 - 2019) San Francisco Bay-Delta Sand Mining EIR Impact Analysis, California State Lands Commission, Sacramento, CA: Project Manager. Evaluated historical data and conducted Bay-wide 3D hydrodynamic, salinity, and sediment transport/morphology modeling for evaluating decade-scale impacts of sand mining sediment transport. Participated in agency-led science panel on sediment transport during review of permit applications. (2008 – 2025) 34th America’s Cup EIR Impact Analysis, San Francisco Bay, San Francisco Bay Area Water Emergency Transportation Authority (WETA), San Francisco Bay, CA: Project Manager. Managed coastal processes analysis for the 34th America’s Cup (AC34) EIR.
Evaluated circulation and sediment transport on a Bay wide scale using numerical models to evaluate changes potentially caused by proposed AC34 marine facilities. (2013) Central CA Site Assessment for Development as Offshore Wind Port, Confidential Client:
Senior Technical Advisor, Coastal Engineering Lead. Evaluated potential re-development of a power plant site into an offshore wind support facility, including coastal conditions analysis, nearshore wave transformation modeling, and concept design. (2019 – 2020) Romberg Tiburon Center Coastal Erosion Assessment, San Franciso State University, Tiburon, CA : Project Manager. Conducted coastal processes analysis, wind-wave modeling, hydrodynamic and tidal analysis, and evaluated existing erosion and storm damage during recent high-wave activity. (2006)
SF Bay Ferry System Operations and Maintenance Facility, San Francisco Bay Area Water Emergency Transportation Authority (WETA), Alameda, CA: Concept design of dredging and float layouts, and coastal analysis (winds, waves, currents, tides) for WETA's primary operations facility for all Bay Area ferries. (2013) Mission Bay Shoreline Protection, Port of San Francisco, CA: Project Manager. Performed coastal processes analysis, hydrodynamic modeling, and provided preliminary/final design/construction management for rock revetment and seawall stabilization. (2009 – 2012) Albany Beach Shoreline Protection and Restoration, East Bay Regional Park District, CA: Project Manager. Mr. Fenical provided coastal engineering analysis, wave/hydrodynamic and sediment transport modeling, and design for the shoreline protection structures, oyster reef structures, and beach nourishment over two phases of design and construction. (2012 – 2015)
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