Agenda packet, first session — Santa Monica City Council, September 30, 2025 (part 1 of 14)

City of Santa Monica
City Council Meeting
AGENDA

LANA NEGRETE
MAYOR

ELLIS RASKIN CAROLINE TOROSIS

COUNCILMEMBER MAYOR PRO TEM

DAN HALL BARRY SNELL

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK NATALYA ZERNITSKAYA

COUNCILMEMBER COUNCILMEMBER
OLIVER C. CHI

CITY MANAGER

HEIDI VON TONGELN

INTERIM CITY ATTORNEY
NIKIMA S. NEWSOME

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

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RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11663(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment.
- In-person: Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. - Telephone: Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Showing electronic presentation materials are not permitted when commenting by telephone.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item if speaking on multiple items. A member of the public may allocate time between items in one-minute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Except for noticed public hearings or quasi-judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced to 1 minute per speaker during that section.

Except for the author of the request, public comment on 15-items are limited to 1 minute.

Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(Members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City and on Special
Agenda Items.)

2. Special Agenda Items (Commendations and
Proclamations presented).

3. Public Comment for Consent Calendar and Closed
Sessions Only.

4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. No public comment is permitted on
second readings.)

5. Closed Sessions.

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading (No public comment is
permitted on second readings.)

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (Other than
Reports of Commission and Officers.)

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 10/1/2025 9:10 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, SEPTEMBER 30, 2025
MEETING BEGINS AT 5:30 PM

HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE
Persons wishing to address the City Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting.

Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.

CALL TO ORDER

PLEDGE OF ALLEGIANCE/ LAND ACKNOWLEDGEMENT

ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.

We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.

The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL

MOTIONS

1. GENERAL PUBLIC INPUT AND COMMENT ON SPECIAL AGENDA ITEMS (For regular meetings, public comment is permitted on Special Agenda Items and items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues City of Santa Monica Generated: 10/1/2025 9:10 AM Page 4 raised under this agenda item. For special meetings, public input is limited to scheduled Special Agenda Items only.)

1.A. Written Comments

2. SPECIAL AGENDA ITEMS

2.A. Proclamation: Hispanic Heritage Month

2.B. Commendation: Chris Baca (Meals on Wheels) Retirement

2.C. Proclamation: Sandwich Generation Appreciation Day

2.D. Proclamation: Fire Prevention Week

3. PUBLIC INPUT (ITEMS UNDER CONSENT CALENDAR AND CLOSED SESSION ONLY)

4. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)

4.A. Award Bid SP2060-CT to Shimmick Construction Company, Inc. and RFP SP2060-CM to Bureau Veritas North America, Inc; Authorize the City Manager to Negotiate and Enter Into Contracts with Shimmick Construction and Bureau Veritas and a Contract Modification with Dokken Engineering, Inc.; Authorize the City Manager to Accept Grant Award from the Highway Bridge Program and All Grant Renewals, and to Execute All Necessary Associated Documents for the Pier Bridge Replacement Project
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the project was previously analyzed in the certified Santa Monica Pier Bridge Replacement Project Recirculated Final Environmental Impact Report/Environmental Assessment in accordance with CEQA;

2. Adopt Addendum #1 to the Santa Monica Pier Bridge Replacement Project Recirculated Final Environmental Impact Report/Environmental Assessment;

3. Award Bid #SP2060-CT to Shimmick Construction Company, Inc. for the Pier Bridge Replacement Project for the Public Works Department;

4. Authorize the City Manager to negotiate and execute a contract with Shimmick Construction Company, Inc. in an amount not to exceed $35,579,292 (including a 20% contingency), and, if necessary, authorize the City Manager to negotiate and execute a bridge equipment lease agreement with Acrow Corporation of America for lease of a temporary pedestrian bridge system;
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5. Award Request for Proposals (RFP) #SP2060-CM to Bureau Veritas North America, Inc. to provide construction management and inspection services for the Pier Bridge Replacement Project for the Public Works Department; and

6. Authorize the City Manager to negotiate and execute a contract with Bureau Veritas North America, Inc. in an amount not to exceed $4,892,153 (including a 10% contingency);

7. Authorize the City Manager to negotiate and execute a first modification to agreement #11361 (CCS) in the amount of $218,623 with Dokken Engineering, Inc. for additional bridge engineering construction support services for the Pier Bridge Replacement Project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $4,377,023;

8. Authorize the City Manager to accept a grant awarded in the amount of $30,201,250 from the Highway Bridge Program for the Santa Monica Pier Bridge Replacement Project in the Department of Public Works, and to accept all grant renewals;

9. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and

10.Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

4.B. Accept 2024 State Homeland Security Program Grant Funds Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to accept a grant awarded in the amount of $60,875 from the federal Department of Homeland Security for the 2024 State Homeland Security Program grant on behalf of the Fire Department and to accept all future grant renewals;

3. Authorize the City Manager to execute the necessary grant agreement required to accept the grant and any subsequent grant modifications; and

4. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

4.C. Authorization to Extend Agreements for Parking Operations Management, Parking Access Revenue and Control Systems Services, and Credit Card Payment Services for Parking Operations
Recommended Action
Staff recommends that the City Council

1. Adopt a finding of no significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute a third modification to agreement #10201 (CCS) in the amount of $13,100,084 with SP Plus LLC for Parking Operations Management. This will extend the expiration date from October 31, 2025, to June 30, 2027, resulting in an 11-year and 8 month City of Santa Monica Generated: 10/1/2025 9:10 AM Page 6 amended agreement with a new total amount not to exceed $81,800,084, with future year funding contingent on Council budget approval;

3. Authorize the City Manager to negotiate and execute a third modification to agreement #10413 (CCS) in the amount of $2,239,240 with Skidata, Inc. for Parking Access and Revenue Control Systems (PARCS) services. This will extend the expiration date from November 30, 2025, to June 30, 2027, resulting in a 10-year and 3 month amended agreement with a new total amount not to exceed $8,736,240, with future year funding contingent on Council budget approval; and

4. Authorize the City Manager to negotiate and execute a third modification to agreement #10599 (CCS) in the amount of $180,000 with Windcave, Inc. for credit card payment gateway provider services on Skidata Parking Access and Revenue Control Systems. This will extend the expiration date from December 31, 2025, to June 30, 2027, resulting in a 9-year and 10 month amended agreement with a new total amount not to exceed $1,250,000, with future year funding contingent on Council budget approval.

4.D. Award Bid SP2750 and Construction Contract to AC Pros, Inc. for the Santa Monica Department of Transportation HVAC Replacement Project.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemptions pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement/Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #2750 to AC Pros, Inc. for the Santa Monica Department of Transportation HVAC Replacement Project for the Public Works Department;

3. Authorize the City Manager to negotiate and execute a contract with AC Pros, Inc. in an amount not to exceed $ 2,271,522 (including a 10% contingency) for a term of three years, with future year funding contingent on Council budget approval; and

4. Authorize the budget amendment as outlined in the Financial Impacts & Budget Actions section of the report (requires 5 votes).

4.E. Adoption of Big Blue Bus Title VI 2025 Program Update Recommended Action
Staff recommends that the City Council adopt the Big Blue Bus 2025 Title VI Program update.

4.F. Authorization for Procurement Manager to Issue Purchase Orders to AAA Oil, Inc. for Purchase and Delivery of Diesel Fuel for the Public Works and Fire Departments
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the Procurement Manager to issue purchase orders with AAA Oil, City of Santa Monica Generated: 10/1/2025 9:10 AM Page 7 Inc. under County of Los Angeles Master Agreement MA-IS-2240008-9 for the purchase and delivery of diesel fuel for the Public Works and Fire Departments. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c), (i).

4.G. Award Nurse Practitioner Agreements for Advanced Provider Unit Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute an agreement with Tiffany Leighanne Barajas DBA Affinity Care as a Nurse Practitioner for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and an amount not to exceed $95,464 (including a $18,664 contingency) over a one-year period, with four 1-year renewal options, for a total amount not to exceed $504,667 over a five-year period, with future year funding contingent on Council budget approval;

3. Authorize the City Manager to negotiate and execute an agreement with Courtney Nabors DBA Naborly Nursing Inc. as a Nurse Practitioner for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and an amount not to exceed $95,464 (including a $18,664 contingency) over a one-year period, with four 1-year renewal options, for a total amount not to exceed $504,667 over a five-year period, with future year funding contingent on Council budget approval; and

4. Authorize the City Manager to negotiate and execute an agreement with Patricia Martin as a Nurse Practitioner for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and an amount not to exceed $47,731 (including a $9,332 contingency) over a one-year period, with four 1-year renewal options, for a total amount not to exceed $252,332 over a five-year period, with future year funding contingent on Council budget approval.

4.H. Authorization to Enter into Third Amendment to Amended and Restated Lease Agreement with Bank of America for City-Owned Property Located at 1301 Fourth Street - Item Pulled at the Request of Staff. 9/30/2025 Recommended Action
Staff recommends that the City Council authorize:

1. City Manager to negotiate and execute a Third Amendment to the Amended and Restated Lease Agreement with Bank of America for the City-owned property at 1301 Fourth Street. The Third Amendment would extend term from February 1, 2026 through December 31, 2028; and
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2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines

4.I. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 3.16.120 to Exempt Additional Zero Emission Vehicles from Parking Meter Payment Requirements
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.J. Second Reading and Adoption of an Ordinance Amending Chapter 6.200 of the Santa Monica Municipal Code to Authorize and Establish Regulations for Cannabis Businesses and Delete Chapters 6.201, 6.202, and 6.203 of the Santa Monica Municipal Code
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.K. Second Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance to Authorize Cannabis Retailers to Sell Adult-Use and Medicinal Cannabis and Cannabis Products Within Certain Zoning Districts Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.L. Award RFP #456 and Professional Services Agreement to Playfly, LLC for Economic Analysis of Potential Digital Display District Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP#456 to Playfly, LLC for economic consulting services for the Community Development Department;

3. Authorize the City Manager to negotiate and execute an agreement with Playfly, LLC for an amount not to exceed $226,750 over a 5-year period.

4.M. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Section 4.04.155 and Adding Section 4.04.405 Relating to Obligations After a Dog Bite Causes Injury to Persons or Animals Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for first reading the attached Ordinance amending Santa Monica Municipal Code Section 4.04.155 and adding Section 4.04.405 to provide private remedies when a dog maintained in violation of the leash law bites City of Santa Monica Generated: 10/1/2025 9:10 AM Page 9 another animal or person, and to require dog owners to share information after dog bites causing injury to persons or animals.

4.N. City Council - Regular Meeting - Sep 9, 2025 5:30 PM

4.O. City Council - Special Meeting - Sep 9, 2025 5:35 PM

5. CLOSED SESSIONS

5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Diane Burnett v. City; LASC # 23TRCV00943 [report out only]

5.B. Conference with real estate negotiator - Gov. Code § 54956.8; property: 3100 Donald Douglas Loop North, Santa Monica, California; City negotiator: Oliver Chi, City Manager; persons to be negotiated with: Delux Public Charter, LLC dba JSX Air (JSX); JSX negotiator: Alex Wilcox, CEO; under negotiation: lease price and terms of payment

5.C. Conference with legal counsel - potential initiation of litigation - Gov. Code § 54956.9(d)(4): 1 case - New Item Received 9/26/2025

CITY MANAGER REPORT

TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

7. STUDY SESSION
No items

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
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10.A. Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Code and Adoption of a Resolution making Findings of Climatic, Geological and Topographical Conditions
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;

2. Introduce for first reading the attached ordinance to adopt the 2025 California Building, Residential, Electrical, Energy, Mechanical, Plumbing, Fire, Green Building, Wildland-Urban Interface, Historical and Existing Building Standards Codes and local amendments to the 2025 California Building Standards Code;

3. Adopt the attached resolution making findings of local climatic, geological and topographical conditions, as required; and

4. Instruct staff to file the adopted resolution and ordinance with the California Building Standards Commission following the second reading of the ordinance, but at least 30 days before the effective date of the Codes.

11. STAFF ADMINISTRATIVE ITEMS

11.A. Off-site Affordable Housing Pilot Incentive Program Status Update Recommended Action
Staff recommends that the City Council:

1. Receive an update on the Emergency Ordinance establishing the Pilot Program for the City’s Affordable Housing Production Program (AHPP)

2. Provide direction to Staff on whether to terminate, extend, and/or amend the Emergency Ordinance.

11.B. Considerations for Reforming the Neighborhood Organization Grant Program - New Item Received. 9/24/2025
Recommended Action
Staff recommends that the City Council:

1. Review and comment on the Neighborhood Organization Grant program policy options and direct staff on how to proceed with program; and

2. Council adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

12. PUBLIC HEARINGS

12.A. Adoption of a Resolution to Amend the Santa Monica General Plan Land Use Map and the Introduction and First Reading of an Ordinance to Amend the Official Districting Map for a Portion of the Parcel Located at 2644 30th Street Recommended Action
Staff recommends that the City Council:

City of Santa Monica Generated: 10/1/2025 9:10 AM Page 11

1. Adopt a finding that the proposed amendments to the General Plan Land Use Map and Official Districting Map are categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, consistent with the findings set forth in the “Environmental Review” section of this Report;

2. Adopt a Resolution Amending the Santa Monica General Plan Land Use Map for a Portion of the Parcel Located at 2644 30th Street; and

3. Introduce for First Reading an Ordinance Amending the Official Districting Map for a Portion of the Parcel Located at 2644 30th Street.

12.B. Adoption of a Resolution to Amend the Santa Monica General Plan Land Use Map and the Introduction and First Reading of an Ordinance to Amend the Official Districting Map for the Parcel Located at 1331 Wilshire Boulevard.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the proposed amendments to the General Plan Land Use Map and Official Districting Map are exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, consistent with the findings set forth in the “Environmental Review” section of this Report;

2. Adopt a Resolution Amending the Santa Monica General Plan Land Use Map for the Parcel Located at 1331 Wilshire Boulevard; and

3. Introduce for First Reading an Ordinance Amending the Official Districting Map for the Parcel Located at 1331 Wilshire Boulevard.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointments to one unscheduled vacancy and one scheduled vacancy on the Building & Fire-Life Safety Commission for terms ending on June 30, 2028. - New Item Received 9/26/2025

16.B. Recommendation to accept Albin Gielicz's resignation from the Transient Occupancy Tax Advisory Committee and authorize the City Clerk to publish the vacancy - New Item Received 9/26/2025
City of Santa Monica Generated: 10/1/2025 9:10 AM Page 12

16.C. Request of Mayor Negrete that the City Council consider directing the City Manager to assess options for enhanced On-Site Public Notice Requirements for Development Projects that will provide greater transparency and accessibility that will provide community members with additional project information and engagement opportunities. - New Item Received 9/26/2025

16.D. Request of Mayor Negrete that the City Council consider directing the City Manager to assess the viability of establishing a Santa Monica Citizen’s Academy, inclusive of a Youth-in-Government program component and return to the City Council with options before the end of the year with an overview of how we might implement such a program locally.

16.E. Request of Mayor Negrete that the City Council consider directing the City Manager to create a Community Trash Clean-Up Program, including the CalTrans Right-of-Way within Santa Monica and return with a program framework for a community trash clean-up initiative.

16.F. Request of Councilmember Zwick that the City Council, as part of National Seafood Month, consider approval of City sponsorship of the OFF THE HOOK Santa Monica Seafood Festival taking place on Sunday, October, 19, 2025 on the Santa Monica Pier by directing the City Manager to waive the City’s portion of fees for use of the Pier for Spin PR Group, the Santa Monica-based PR, Marketing and Events agency producing the event. City fees related to the OFF THE HOOK Santa Monica Seafood Festival include the application, administrative, neighborhood notification, business license, parking, and zero waste plan fees associated with the use of the Pier in an amount up to $16,000 in waived fees. - New Item Received 9/26/2025

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.

City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as City of Santa Monica Generated: 10/1/2025 9:10 AM Page 13 early as possible, but no later than noon the day of the special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.

Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments

1.A
Packet Pg. 14
1 David Yakobson
From: Paul Scott <[email protected]>
Sent: Monday, September 29, 2025 6:02 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Dan Hall; Jesse Zwick; Barry Snell; Natalya Zernitskaya; Ellis Raskin
Subject: California’s Polluters Pay Climate Superfund Act

EXTERNAL
I support Santa Monica Councilmembers to vote yes on the resolution supporting the Polluters Pay Climate Superfund Act (SB 684 / AB 1243). As Los Angeles recovers from deadly wildfires and our city struggles from budget shortfalls, we need to hold fossil fuel corporations financially accountable for the climate destruction they knowingly caused and profited from.

California’s Polluters Pay Climate Superfund Act will hold polluters accountable while also investing in keeping Santa Monicans safe. It will fund projects that combat climate change, strengthen resilience, and support disaster response for Santa Monica and other cities.

SB 684 / AB 1243 needs to pass its first house by January 31st, 2026. It’s vital that Santa Monica takes leadership and joins a large coalition of cities, including Los Angeles, San Francisco, and San Diego, who have already passed such resolutions to support this policy. Our state government must fight so us citizens don’t bear all the costs of climate disasters and adaptations. If polluters don’t pay, Santa Monica and its people will.

Paul Scott
Santa Monica
[email protected]
Item 1
September 30, 2025
Item 1
September 30, 2025

1.A.a
Packet Pg. 15
Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1 David Yakobson
From: Gail Gordon <[email protected]>
Sent: Tuesday, September 30, 2025 8:08 AM
To: councilmtgitems; Lana Negrete; Barry Snell; Dan Hall; Jesse Zwick; Ellis Raskin; Natalya Zernitskaya; Caroline Torosis
Subject: WHERE WILL I LIVE WHEN ALL THIS DESTRUCTION BEGINS TWO BLOCKS FROM MY HOME?
Importance: High

EXTERNAL
Dear Council,
As I resident of the 90405 neighborhood, we are the next poorest and unprotected from over development. We are being taken advantage of because we are typically older and lived in our neighborhood for upwards of 40 years. We do not have the financial disposition or physical capabilities to protect ourselves.

We have one major street that brings us in and out to our homes, Ocean Park Blvd. The buildings that Council proposes will not only create horrible traffic, dehumanize our living environment, but also create an environment ripe for Particulate Cancer upon demolition. We all live within blocks of these potential demolition sites.

Not only will this end our Warranty of Habitability, it will set us up for a cancerous environment. I have metastatic ovarian cancer. This idea of what Council is voting to do will create an unhealthy environment where we won’t be safe to breathe, walk or sleep with our windows open, the continuous noise for upwards of two years, will cause untoward illnesses that Council has not even considered.

Please rethink buildings these unnecessary overly large building under the guise of SB 79 - which claims these tall buildings must be within .5 miles of the Train station.. These buildings are more than 1 mile from the closet station, thus making it not legally viable for these density bonuses of 7-8 stories. Parents and their children will have to worry about people peering into their bedroom windows.

Please rethink these mixed use buildings that will create an unsafe environment, cancerous particulates will be created upon demolition and traffic that was not planned for our streets. Finally, this does not help nor address Low-income housing. There is absolutely no point to ruining our neighborhoods. Would you do this to your parents neighborhoods?
Thank you for your time,
Gail Gordon
A Resident of 90405
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1 David Yakobson
From: Annelisa Moe <[email protected]>
Sent: Monday, September 29, 2025 4:31 PM
To: councilmtgitems
Cc: Lana Negrete; Caroline Torosis; Dan Hall; Jesse Zwick; Barry Snell; Natalya Zernitskaya; Ellis Raskin
Subject: Support for Polluters Pay Climate Superfund Act (SB 684 / AB 1243) Attachments: 2025-09-29_HTBtoSMCityCouncil_SB 684-AB 1243_SUPPORT.pdf

EXTERNAL
Hello,
Attached please find a letter from Heal the Bay supporting the resolution to endorse California’s Polluters Pay Climate Superfund Act (SB 684 / AB 1243). Thank you for the opportunity to provide comments, and please reach out with any questions or comments concerning the letter.

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Heal the Bay ANNELISA EHRET MOE
Associate Director, Science & Policy (Water Quality)
She/Her/Hers (What does this mean?)
Heal the Bay
1444 9th Street
Santa Monica, CA 90401
T: 310.451.1500 x 115 |Â M: 707.540.4303
Confidentiality Note: The information contained in this e-mail and any attachments to it may be legally privileged and include confidential information. If you have received this e-mail in error, please notify the sender immediately of that fact by return e-mail and permanently delete the e-mail and any attachments.

Thank you.

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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1444 9th Street ph. 310-451-1500 [email protected]
Santa Monica, CA 90401 fax 310-4961902 www.healthebay.org

1 September 29, 2025
Santa Monica City Council
1685 Main Street
Santa Monica, CA 90401
Sent via email to: [email protected]
RE: Support for Polluters Pay Climate Superfund Act (SB 684 / AB 1243) To Mayor Negrete and Members of the Santa Moncia City Council:

Heal the Bay is a non-profit environmental organization based in Santa Monica with 40 years of experience dedicated to making the coastal waters and watersheds of Greater Los Angeles safe, healthy and clean. We would like to recognize that we are on unceded Indigenous land. The scope of our work takes place across the lands of coastal Indigenous Peoples and Native Nations of the Tongva, Chumash, Fernandeño Tataviam Band of Mission Indians, and Kizh Nation tribes. We pay our respects to elders past, present, and emerging, as they continue their stewardship of these lands and waters.

We write to strongly support the resolution before you to endorse California’s Polluters Pay Climate Superfund Act (SB 684 / AB 1243). This landmark legislation will hold the largest fossil fuel corporations financially accountable for the climate damages they knowingly caused and profited from, while taxpayers and communities are left to shoulder the devastating costs of climate change.

The evidence is clear: climate change is intensifying catastrophic wildfires in Southern California. UCLA research shows that climate change increased extreme drying of vegetation by 25%, fueling devastating fires in our region. The costs are staggering—insurance, emergency response, healthcare, and higher taxes—all borne by the public. Meanwhile, Exxon alone makes over $57 million per day, without paying a dime toward the destruction their industry has caused. The Polluters Pay Climate Superfund Act would change this by requiring major fossil fuel companies to pay into a fund that supports disaster recovery, community resilience, and climate adaptation projects. The legislation is modeled after proven programs like the federal Superfund Act and California’s Childhood Lead Poisoning Prevention Act. Cities across California—including Los Angeles, San Francisco, and San Diego—have already passed resolutions in support, and now it is Santa Monica’s turn to lead.

Santa Monica residents should not be left to pay the price for climate disasters while polluters profit.

Supporting this resolution will send a clear message: it is time for the corporations that created this crisis to take financial responsibility for its consequences. We urge you to vote yes on the resolution supporting SB 684 / AB 1243. Santa Monica can and should join the growing statewide movement to hold polluters accountable and build a safer, more resilient future for all Californians.

Sincerely,
Annelisa Ehret Moe
Associate Director, Science & Policy
Heal the Bay
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1444 9th Street ph. 310-451-1500 [email protected]
Santa Monica, CA 90401 fax 310-4961902 www.healthebay.org

2 cc by email: Mayor Lana Negrete ([email protected]) Mayor Pro Tem Caroline Torosis ([email protected]) Councilmember Dan Hall ([email protected])
Councilmember Jesse Zwick ([email protected]) Councilmember Barry Snell ([email protected]) Councilmember Natalya Zernitskaya ([email protected]) Councilmember Ellis Raskin ([email protected]) Item 1
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1 David Yakobson
From: [email protected]
Sent: Monday, September 29, 2025 1:45 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Dan Hall; Jesse Zwick; Barry Snell; Natalya Zernitskaya; Ellis Raskin
Subject: Polluters Pay Climate Superfund Act (SB 684 / AB 1243) Importance: High

EXTERNAL
Dear Santa Monica City Council Members,
I support Santa Monica Councilmembers to vote yes on the resolution supporting the Polluters Pay Climate Superfund Act (SB 684 / AB 1243). As Los Angeles recovers from deadly wildfires and our city struggles from budget shortfalls, we need to hold fossil fuel corporations financially accountable for the climate destruction they knowingly caused and profited from.

Thank you.

Stephen Tarzynski MD
Santa Monica resident since 1975
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Friday, September 26, 2025 8:11 AM
To: The Santa Monica Coalition
Subject: FAMILY REUNIFICATION

EXTERNAL
UPDATE: We’re happy to report the young woman whose family saw our family reunification hotline on the news last month is enjoying her time at home with her family where she has been attending church and helping around the house with her baby sister.

We’re sharing their link in our bio with her family’s GoFundMe if you're able to offer any assistance, prayers or words of encouragement. We’d be grateful to you helping them get her back on her feet.

Thank you for being part of our Community.

Insta
https://www.instagram.com/p/DPB-zQ_EVRq/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== Item 1
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1 David Yakobson
From: Katherine Reuter <[email protected]>
Sent: Friday, September 26, 2025 3:25 PM
To: councilmtgitems
Subject: 2025 Parks and Recreation Vision Plan - Memorial Park

EXTERNAL
Dear Council Members,
Maintaining, improving and expanding Santa Monica's parks is something everyone who lives here can support. A new vision plan for parks is going to be presented to the Council for approval on October 28th. It is strongly recommended that the Council specifically address Memorial Park and take action to immediately to assure the initiation of its redevelopment. [The history of Memorial Park and the factual information below was reported in the Santa Monica Daily Mirror and City Council reports.]
In October 2019, City Council directed staff to seek proposals for the design and construction services for Memorial Park in phases one and two of ballpark redevelopment and expansion, and authorized staff to negotiate joint use agreements with Santa Monica College and Santa Monica-Malibu Unified School District. At that time, bond funding for the project included the $20 million from SMC bonds plus a goal of an additional $5 million from the SMMUSD’s Measure SMS bond and another $5 million from the city’s capital improvement budget, making up a $30 million phase one budget. But that was then.

Forward progress went out the window with COVID-19 shutdowns. By February 2022, the bond money left for the park was only the $20 million of SMC bond monies. (Please note that the community voted and passed the SMC bond measure in 2016.) Now it appears that plans for Memorial Park are proceeding, and a public statement was made that construction would begin in July 2026 - just over 10 years since the SMC Bond was passed.

Santa Monica does not need a "vision" for Memorial Park, it needs action. If the "vision plan" process causes delays again to moving forward on Memorial Park, that should be a red flag.

Parks are a "kitchen table" issue for Santa Monica families. Please take some concrete and visible action on Memorial Park, now.

Sincerely,
Katherine Reuter
1210 Grant Street
90405
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 2 Member of the Citizens' Bond Oversight Committees for both Santa Monica College (SMC) and the Santa Monica-Malibu Unified School District (SMMUSD).

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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1 David Yakobson
From: Zan Dubin Scott <[email protected]>
Sent: Wednesday, September 24, 2025 3:48 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Dan Hall; Jesse Zwick; Barry Snell; Natalya Zernitskaya; Ellis Raskin
Subject: Polluters Pay

EXTERNAL
Dear Council,
I support Santa Monica Councilmembers to vote yes on the resolution supporting the Polluters Pay Climate Superfund Act (SB 684 / AB 1243). As Los Angeles recovers from deadly wildfires and our city struggles from budget shortfalls, we need to hold fossil fuel corporations financially accountable for the climate destruction they knowingly caused and profited from.

Thank you for keeping us safe and healthy.

Zan Dubin, Sunset Park
(310) 383-0956
zdscommunications.com
Co-Founder, National Drive Electric Month
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 2 David Yakobson
From: suzie roth <[email protected]>
Sent: Wednesday, September 24, 2025 11:46 AM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Dan Hall; Jesse Zwick; Barry Snell; Natalya Zernitskaya; Ellis Raskin
Subject: Polluters Pay Climate Superfund Act (SB 684 / AB 1243)

EXTERNAL
Dear Santa Monica councilmembers and Mayor Negrete,
Please vote YES on the resolution supporting the Polluters Pay Climate Superfund Act (SB 684 / AB 1243).

With Santa Monica facing budget shortfalls, it’s time to make fossil fuel corporations—who knowingly caused and profited from climate destruction—pay their fair share.

This legislation will hold polluters accountable while investing in public safety. It will fund climate solutions, resilience measures, and disaster response for Santa Monica and other California communities.

SB 684 / AB 1243 must clear its first house by January 31, 2026. Santa Monica should lead by joining cities like Los Angeles, San Francisco, and San Diego in supporting this critical policy. Our state must ensure citizens don’t shoulder all the costs of climate disasters and adaptation. If polluters don’t pay, Santa Monica and its residents will.

Thank you!
Suzie Roth
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 3 David Yakobson
From: Daniel Green <[email protected]>
Sent: Wednesday, September 24, 2025 11:07 AM
To: councilmtgitems
Subject: Police cover up !

EXTERNAL
To the Mayor and council of Santa Monica, i was born in Santa Monica and still live here in my family home. For last two years I have been stalked and continually threatened with murder from a homeless man who wants to kill me and believes he can take my home after. He keeps me awake every night. The police refused to file any report against him and now refuse to investigate and enforce a restraining order i was recently granted by a judge. Its gotten worse now. I discovered why the police refuse to do anything to protect my life, Detective Thomas McLaughlin of the Santa Monica Police is this homeless man’s father . He and others on our force have promised the homeless man , no matter what they will never arrest him. I have continually documented all this and my family has all the info. You may not care if I'm murdered or not but the following lawsuit by my family if i’m harmed or murdered will most likely bankrupt this city to the sum of millions. I do hope you can correct this situation. I have already spoke with SMPD , filed reports and complaints and I'm being ignored. I have contacted the press , FBI, ACLU, attorneys and more so it will be easy to prove all this . Please let me know. Daniel Green 310-699-9011
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Friday, September 26, 2025 7:34 AM
To: John Alle
Cc: The Santa Monica Coalition
Subject: No Response From City Manager Oliver Chi -

EXTERNAL
John Alle <[email protected]>
to manager, bcc: me
To help
protect your
privacy,
Micro so ft
Office
prevented
auto matic
download of
this picture
from the
Internet.

Dear City Manager Chi,
The Santa Monica Coalition writes to express our concerns regarding the effectiveness, transparency, and accountability of the City's homelessness services spending. We believe constructive dialogue on these critical issues will benefit our entire community.

Over the past several months, our Coalition has developed and funded a family reunification program that has achieved remarkable results. Using AI-driven solutions, we have successfully reunited over 25 individuals with their families at an average cost of under $500 per person—with a 100% success rate. Through minimal outreach efforts, we have identified over 500 additional homeless individuals seeking family reunification.

This success stands in stark contrast to the City's current approach, which allocates over $55 million annually across multiple organizations with limited measurable outcomes.

We have made repeated attempts to collaborate with the City and its contracted partners, including the Mayor, former Homeless Liaison Officer, St. Joseph's Center, The People Concern, and West Coast Care. We offered free access to our proven reunification system. Despite our efforts, West Coast Care canceled four scheduled meetings, and other partners have shown little interest in collaboration.

This response prompted us to examine the City's contract with West Coast Care, which has revealed significant concerns:

Financial Performance Issues
 Initial 2018 contract: $250,000 annually (capped at $1M per extension)  Current funding: $1.3 million (2025), despite assisting only 42 individuals year-to-date  Historical performance: 97 people assisted (2022) to 161 people (2024)  Cost per person assisted has increased dramatically while outcomes remain unclear Contract Compliance Deficiencies
West Coast Care has consistently failed to meet essential contract requirements:

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Attachment: Written Comments [Revision 1] (7333 : Written Comments) 2  Scope Reduction: Services limited from "streets of Santa Monica" to only "Santa Monica Beach and Pier"
 Outreach Hours: Failed to provide required 25 hours weekly (1,300 hours annually)  Reporting: Missing mandatory mid-year and year-end program plans and budgets  Documentation: No monthly activity reports using the WCC Program Reporting Tracker  Case Management: Failed to provide required services for 250 clients annually  Financial Transparency: Missing detailed monthly invoices with salary breakdowns and expense documentation
 Meeting Attendance: Absent from required bi-weekly HLP Team meetings  Outcome Reporting: No breakdown of services provided or family connection results  Insurance: Repeated failures to submit timely proof of liability insurance Questions Requiring Immediate Attention
Given these findings, we respectfully request answers to the following questions:

1. Why does the City continue funding West Coast Care despite repeated contract violations and diminishing results?

2. What accountability measures does the City employ to ensure taxpayer funds are used effectively?

3. Why has the City declined our offer to collaborate on proven, cost-effective solutions?

4. What steps will the City take to improve transparency and outcomes in homelessness services? The Santa Monica Coalition remains committed to addressing our community's homelessness crisis effectively and humanely. We believe our proven model demonstrates that significant improvements are possible with proper focus and accountability.

We respectfully request a meeting to discuss these concerns and explore how our organizations can work together to better serve Santa Monica's homeless population. The urgency of this humanitarian crisis demands that we set aside organizational barriers and embrace solutions that demonstrably work.

Thank you for your time and consideration. We look forward to your prompt response and the opportunity to discuss these important matters in person.

Sincerely,
John Alle

THE SANTA MONICA COALITION/SAFE CITIES
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Attachment: Written Comments [Revision 1] (7333 : Written Comments) City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Hispanic Heritage Month
Prepared By: Sergio Ramirez, Chief of Staff
Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Commendation: Chris Baca (Meals on Wheels) Retirement Prepared By: Josh Kurpies, Council Office and Legislative Affairs Liaison Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 2.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Sandwich Generation Appreciation Day Prepared By: Josh Kurpies, Council Office and Legislative Affairs Liaison Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 2.D
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Fire Prevention Week
Prepared By: Josh Kurpies, Council Office and Legislative Affairs Liaison Approved Forwarded to Council

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City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Bid SP2060-CT to Shimmick Construction Company, Inc. and RFP SP2060-CM to Bureau Veritas North America, Inc; Authorize the City Manager to Negotiate and Enter Into Contracts with Shimmick Construction and Bureau Veritas and a Contract Modification with Dokken Engineering, Inc.; Authorize the City Manager to Accept Grant Award from the Highway Bridge Program and All Grant Renewals, and to Execute All Necessary Associated Documents for the Pier Bridge Replacement Project Recommended Action
Staff recommends that the City Council:

2. Adopt Addendum #1 to the Santa Monica Pier Bridge Replacement Project Recirculated Final Environmental Impact Report/Environmental Assessment;

3. Award Bid #SP2060-CT to Shimmick Construction Company, Inc. for the Pier Bridge Replacement Project for the Public Works Department;

6. Authorize the City Manager to negotiate and execute a contract with Bureau Veritas North America, Inc. in an amount not to exceed $4,892,153 (including a 10% contingency);

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Bridge Replacement Project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $4,377,023;

9. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and

10.Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

Summary
The Pier Bridge Replacement Project (Project) would replace the 86-year-old structurally deficient Santa Monica Pier Bridge (Bridge) with a new, seismically upgraded bridge prior to the LA 2028 Summer Olympics. Staff recommends Shimmick Construction Company, Inc. to provide construction services in an amount not to exceed $35,579,292 (including a 20% contingency), and Bureau Veritas North America, Inc. to provide construction management and inspection services in an amount not to exceed $4,892,153 (including a 10% contingency). Approximately 75%, or $30,201,250, of the project is funded by the Federal Highway Bridge Program, under which the City executed an agreement to be reimbursed for construction expenditures.

The remaining 25% is funded with Local Return transportation funding.

Staff also recommends authorizing a first modification to agreement #11361 (CCS) in the amount of $218,623 with Dokken Engineering, Inc. for additional bridge engineering construction support services for the Pier Bridge Replacement Project. This will result in an amended agreement with a new total amount not to exceed $4,377,023.

Background
The Pier Bridge connects the iconic Santa Monica Pier to the intersection of Ocean Avenue and Colorado Avenue within the downtown district of the City. The Project would address the existing operational and structural deficiencies of the 86-year-old bridge. The Bridge’s original construction does not meet current seismic standards and has a sufficiency rating of 8.2 (on a scale of 100). Bridges that are seismically deficient, as defined by the Federal Highway Administration (FHWA) as those with sufficiency

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ratings of less than 50, are eligible for federal funding for replacement under the Highway Bridge Program (HBP).

Since 2012, the City has worked with consultants to provide public outreach, conceptual design, and environmental documentation services for the Project, including preparation of a Draft Environmental Impact Report/Environmental Assessment (EIR/EA) in 2017.

The Draft EIR/EA identified three alternatives for replacing the Bridge and was circulated for public review from December 2017 to March 2018. Significant cultural and environmental changes to the Bridge’s surroundings rendered the three alternatives impracticable.

In 2018, staff prepared a Notice of Preparation for a Recirculated Draft EIR/EA, identifying a new set of alternatives for the Project. On June 13, 2023, Council adopted a resolution certifying the Recirculated Final EIR/EA, approved the preferred alternative bridge design, and authorized staff to proceed with the final design of the Project (Attachment A).

Discussion
On February 14, 2023, Council awarded Request For Proposal (RFP) #SP2060 to Dokken Engineering and authorized the City Manager to negotiate and enter into an agreement to provide bridge engineering design services for the Project (Attachment B).

For the past 24 months, Dokken Engineering and staff have worked to complete the final design, produce bidding documents, perform outreach to project stakeholders, and obtain approvals from state and federal agencies before bidding the Project.

Pier Electrical Utility Relocations
On January 28, 2025, Council awarded Bid #SP2741 to Doty Bros. Equipment Company to provide construction services for the Pier Electrical Utility Relocation Project (Attachment C) to relocate electrical equipment that is currently situated in a utility room directly under the Bridge. The Pier Electrical Utility Relocation Project represents a crucial preparatory construction step for the main Pier Bridge Replacement Project and is nearing completion.

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Pier Bridge Replacement Project
The proposed Project would replace the Bridge with a new bridge meeting current design and seismic standards, providing a service life of 75 years, and preserving view corridors. The new bridge would be an in-kind replacement with the same alignment and profile as the existing bridge. The replacement bridge would be approximately 447 feet in length and approximately 39 feet wide. The bridge would be approximately 5 feet wider to the north than the existing bridge, while maintaining the same line on the south side. The sidewalk would be moved to the south side of the new bridge and be 15 feet in width, approximately 5.5 feet wider than the existing north side walkway. Vehicles and bicycles would use a 20-foot-wide roadway on the north side of the bridge (Figure 1).

Figure 1 – Rendering of new Pier Bridge with 15’ sidewalk on south side The pier structure adjacent to the bridge would also undergo improvements as part of the project. To remove the existing bridge, those portions of the pier that connect to the bridge would be partially removed to facilitate construction access and later reconstructed. The pier deck would be widened to the north to match the slightly wider

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new bridge, and the walkway on the pier in front of the businesses would be widened to align with the new sidewalk on the south side of the bridge (Figure 2).

Figure 2 – Rendering of new Pier Bridge meeting Pier Deck The historic Pier Sign would be temporarily removed during construction for rehabilitation and safe storage. Upon completion of bridge construction, the Pier Sign would be reinstalled approximately 10 feet north of its existing location and elevated to provide a minimum vertical clearance of 17 feet (Figure 3).

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Figure 3 – Rendering of relocated historic Pier Sign
Contractor Staging and Temporary Access
During construction, the contractor must be provided with enough working space to safely demolish the existing bridge and construct the new bridge, while minimizing disruptions in access to the beach, pier, residences, and businesses. Staging space would be provided for the contractor’s use in Lot 1 North, resulting in a temporary loss of approximately 365 parking spaces.

During demolition of the existing bridge and construction of the new bridge, pedestrian access between the pier and Ocean Avenue would be maintained through construction of a temporary pedestrian bridge adjacent to and south of the Bridge. The temporary pedestrian bridge would provide an 8-foot-wide walkway—similar in width to the existing walkway on the north side of the Bridge. As part of the Project’s outreach and wayfinding efforts, signage would be installed to direct pedestrians to alternative access routes north and south of the pier during peak weekend and holiday periods.

To maintain vehicular access to the pier, a temporary ramp would be constructed from Lot 1 North to the pier deck just east of the beach bike path. The temporary ramp would

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accommodate emergency vehicles, H-20 truck loading, and regular vehicles accessing the pier parking deck.

Bridge Engineering Construction Support Services
Due to the complex nature of the project—including historic resources immediately adjacent to the project that require structure and vibration monitoring, installation of temporary structures for pedestrian and vehicular access to the pier, identification and coordination of a dense utility network around the pier, and complex construction phasing to maintain access and services for pier operations, tenants, and visitors—staff recommends authorizing a first modification to agreement #11361 (CCS) in the amount of $218,623 with Dokken Engineering, Inc. for additional bridge engineering construction support services. The additional services would include the following:
• Respond to Requests for Information (RFIs), including written responses and supplemental or revised contract drawings
• Provide RFI support from subconsultants for specialty tasks such as geotechnical engineering, pier structural engineering, temporary pedestrian bridge engineering, mechanical/electrical/plumbing (MEP) engineering, structure and vibration monitoring consultation
• Conduct site visits to address RFIs, evaluate construction issues, and observe critical construction tasks
• Review and approve shop drawing and material submittals • Prepare consolidated as-built plans and project record drawings Vendor Selection for Construction and Construction Management Services Bidder Recommendation
Best Bidder Shimmick Construction Company, Inc.

Evaluation
Criteria
Price; the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder.

Municipal Code SMMC 2.24.180
Submittals Received

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Bid Data
Date
Posted
Posted On Advertise In
(City Charter
& SMMC)
Vendors
Downloade
d
Submittals
Received
Date
Publicly
Opened
5/5/2025 City's
Online
Bidding Site
Santa Monica
Daily Press
323 4 7/15/2025
Best Bidder Justification
Staff recommends awarding the bid to Shimmick Construction Company, Inc., the lowest bidder. Shimmick was determined to be the most qualified based on bid price; the company’s ability, capacity, and skill to complete the project within the specified timeframe; and its reputation and experience in successfully completing previous bridge projects.

RFP Information
Best Qualified Firm Bureau Veritas North America, Inc.

Evaluation Criteria Understanding of the work to be done; experience with similar kinds of work; quality of staff for work to be done; capability of developing innovative or advanced techniques; familiarity with state and federal procedures; financial responsibility; demonstrated technical ability.

Municipal Code SMMC 2.24.190
Shimmick Construction Company,
Inc. $29,649,409.86
Skanska USA Civil West California
District Inc. $31,361,436.00
Myers & Sons Construction, LLC $38,998,176.50
Steve P. Rados, Inc. $48,543,467.50
Submittals Received
AECOM Technical Services, Inc. Parsons Transportation Group Inc.

Bureau Veritas North America, Inc. T.Y. Lin International Ghirardelli Associates, Inc.

Jacobs
RFP Data

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Justification to Award
Bureau Veritas North America, Inc. is recommended to provide construction management, inspection, and public outreach services through One-Step Request for Proposals (RFP) Method outlined in Section 10.1.4 of the Caltrans Local Assistance Procedures Manual (LAPM). The Engineering and Street Services Division staff evaluated proposals from six firms. Following interviews with the top three shortlisted firms, staff determined that Bureau Veritas North America, Inc., was the best-qualified firm based on its experience, qualifications, and track record of delivering similar services for other municipalities.

Public Outreach
Construction of the Pier Bridge Replacement Project is anticipated to commence in November 2025 and last for 24 months. Over the past three years, City staff have conducted 30 outreach meetings related to the Project with the Pier Corporation Board, the Pier Board’s Pier Bridge Task Force, the Landmarks Commission, Pier tenants and adjacent businesses, Santa Monica Travel and Tourism (SMTT), Pier Locals’ Night, and other stakeholders. In August 2025, staff received a letter from the Pier Corporation Board of Directors expressing the Pier Corporation’s support for the Project (Attachment E).

During construction, Public Works staff would maintain an ongoing dialog to receive feedback from the public and disseminate project information, ensuring consistent outreach to the public, Pier tenants, and other stakeholders. Staff would respond to the day-to-day concerns of the community, visitors, and local businesses. Prior to and during construction, City staff and the consultant would distribute notifications to Pier tenants and adjacent property owners detailing the project scope and construction schedule. Frequent updates would be provided.

Date
Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Submittals
Received
Date
Publicly
Opened
5/5/2025 City's Online
Bidding Site
Santa Monica
Daily Press
119 6 6/16/2025

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City staff will collaborate with local businesses to provide advertising posters on construction fencing/plywood. A comprehensive public outreach plan has been developed and would be implemented by City staff and the City’s Construction Management consultant. Vehicle and pedestrian wayfinding maps, signage, and directional floor stenciling have been developed and would be installed in and around the Pier area to assist visitors in navigating the site and locating parking. Social media and the Project website would be utilized to notify the public about general construction updates.

Environmental Review
On June 13, 2023, City Council certified the Recirculated Final EIR/EA for the Pier Bridge Replacement Project, which analyzed the potential environmental impacts of the Santa Monica Pier Bridge Replacement Project. Condition of Approval NOI-1, that was included in the Final EIR/EA, required that temporary noise barriers and/or noise blankets used during construction provide a minimum Standard Transmission Class (STC) rating of 40 dB. City staff, in consultation with the project design consultant, have determined that achieving this level of attenuation is not feasible due to material limitations, site constraints, and constructability concerns. As such, the City proposes to revise the condition of approval to reflect feasible noise attenuation performance while still ensuring compliance with the City’s construction noise standards.

In accordance with CEQA, an Addendum to the Final EIR/EA (Attachment D) was prepared to analyze whether the revision to Condition of Approval NOI-1 would be within the envelope of impacts evaluated in the Final EIR/EA. As determined therein, the revision would not result in new or substantially worse noise impacts. As analyzed in the Final EIR/EA, construction noise impacts would be less than significant without mitigation. Therefore, the modification to the condition of approval would not result in new significant environmental impacts or increase the severity of impacts identified in the Final EIR/EA. Staff recommends adoption of Addendum No. 1 to the Recirculated Final EIR/EA.

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Past Council Actions
Meeting Date Description
6/13/2023
(Attachment A)
Certification of Recirculated Final EIR/EA for the Pier Bridge Replacement Project and authorization to proceed with final design 2/14/2023
(Attachment B)
Award of RFP #SP2060 to Dokken Engineering to provide bridge engineering design services for the Pier Bridge Replacement Project
1/28/2025
(Attachment C)
Award of Bid #SP2741 to Doty Bros. Equipment Company to provide construction services for the Pier Electrical Utility Relocation Project
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the Highway Bridge Program and appropriate additional funds from the Miscellaneous Grants Fund. The appropriation would include $17,340,625 to be reimbursed by the Federal Highway Bridge Program.

The appropriation would add to the $12,860,625 already budgeted for FY 2025-26 for a total amount of $30,201,250 from the Miscellaneous Grants Fund. Approval of the recommended actions requires the following budget amendment.

FY 2025-26 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account
Number(s) Amount
Account
Number(s) Amount
20500001.404530 $30,201,250 C2005270.689000 $17,340,625 If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.

Staff seeks authority to approve available funding from the Miscellaneous Grants, Pier, and Local Return Funds to award a contract with Shimmick Construction Company, Inc. to provide construction services for the Pier Bridge Replacement Project. Future year funding is contingent on Council budget approval.

Contract Request
Funding
Source
FY 2025-26
Request CIP Account # Account
Description
Total
Contract

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Amount Amount
Miscellaneous
Grants $26,577,100 C2005270.689000
Pier Bridge
Replacement
(Highway Bridge
Program)
$26,577,100
Local Return
(Measure M) $1,420,020 C2705270.689110 Pier Bridge Replacement $1,420,020 Local Return
(Measure R) $2,796,983 C2705270.689120 Pier Bridge Replacement $2,796,983 Local Return
(Prop C) $1,146,098 C2705270.689130 Pier Bridge Replacement $1,146,098 Local Return
(Prop C) $2,689,091 C2704600.689130 Annual Paving $2,689,091 Pier Fund $950,000 C5308640.689000 Pier Trash
Compactor $950,000
Total $35,579,292 $35,579,292
Staff seeks authority to approve available funding from the Miscellaneous Grants and Local Return Funds to award a contract with Bureau Veritas North America, Inc. to provide construction management, inspection and public outreach services for the Pier Bridge Replacement Project. Future year funding is contingent on Council budget approval.

Contract Request
Funding
Source
FY 2025-26
Request
Amount
CIP Account # Account
Description
Total
Contract
Amount
Miscellaneous
Grants $3,624,150 C2005270.689000
Pier Bridge
Replacement
(Highway Bridge
Program)
$3,624,150
Local Return
(Measure M) $1,268,003 C2705270.689110 Pier Bridge Replacement $1,268,003 Total $4,892,153 $4,892,153
Staff seeks authority to approve available funding from the Local Return Fund to increase the contract amount with Dokken Engineering, Inc. for additional bridge engineering construction support services. Future year funding is contingent on Council budget approval.

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Contract Modification Request
Agreement #
Current
Authorized
Amount
FY 2025-26
Modification
Request Amount
CIP Account # Total Revised
Contract Amount
11361 (CCS) $4,158,400 $218,623 C2705270.689110 $4,377,023 Prepared By: Robert Zak, Civil Engineer
Approved Forwarded to Council
Attachments:

A. June 13, 2023 Staff Report (Web Link)
B. February 14, 2023 Staff Report (Web Link)
C. January 28, 2025 Staff Report (Web Link)
D. EIR/EA Addendum No. 1
E. SMPC Pier Bridge Construction Support Letter
F. Shimmick_Oaks_Initiative_Disclosure_Form
G. Shimmick_Levine_Act_Disclosure_Form_2025_2-26-25
H. Bureau Veritas_Levine_Act
I. Bureau Veritas Oaks_Initiative_Disclosure_Form
J. Dokken Engineering CT11361 (CCS)
K. Dokken Engineering - Oaks Initiative Form
L. Dokken Engineering - Levine Act Disclosure
M. SMPLA letter and City response
N. PowerPoint Presentation

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1 ADDENDUM NO.1 TO THE SANTA MONICA PIER BRIDGE REPLACEMENT PROJECT ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT (SCH:
#2014121041)
AUGUST 2025
Introduction
This Addendum to the Santa Monica Pier Bridge Replacement Project (Project) Final Environmental Impact Report (Final EIR/EA) (SCH#2014121041) analyzes modifications to the proposed condition of approval, originally approved for the Project by the City of Santa Monica (City) on June 13, 2023.

Condition of approval NOI-1 in the FEIR required that temporary noise barriers and/or noise blankets used during construction provide a minimum Standard Transmission Class (STC) rating of 40 dB.

Following consultation between the City and the project design consultant, it has been determined that achieving this level of attenuation is not feasible due to material limitations, site constraints, and constructability concerns. As such, the City proposes to revise this condition to reflect feasible noise attenuation performance while still ensuring compliance with the City’s construction noise standards.

Background
Project Location
The project area is in the southwestern portion of Los Angeles County, in the City of Santa Monica. The project site is the Pier Bridge, which connects the intersection of Ocean Avenue and Colorado Avenue to the Santa Monica Pier.

Project Background
The City of Santa Monica, in cooperation with the California Department of Transportation, is proposing the in-kind replacement of the Santa Monica Pier Bridge. The proposed project would include replacement of the existing, seismically deficient Pier Bridge with a new multi-modal bridge to meet current seismic standards. The FEIR was approved by the City Council on June 13, 2023.

Pier Bridge Replacement Project FEIR/Environmental Assessment On June 13, 2023, City Council certified the Recirculated Final EIR/EA for the Pier Bridge Replacement Project, which analyzed the environmental impacts of replacing the existing Santa Monica Pier Bridge.

Pursuant to the California Environmental Quality Act (CEQA), the Final EIR/EA analyzed the following potential environmental impacts associated with the Project:
• Aesthetics
• Air Quality
• Biological Resources
• Land Use and Planning
• Noise
• Population and Housing
Public Works Department CITY OF SANTA MONICA

CALIFORNIA
1685 Main Street MS15
Santa Monica, CA
90401

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 2 • Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
The Final EIREA analyzed the issues referenced above and identified potentially significant environmental impacts, including site-specific and cumulative effects of the Project in accordance with the provisions set forth in the State CEQA Guidelines. The Final EIR also recommended feasible mitigation measures, where possible. Mitigation measures were identified in the areas of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, and Public Services, and Transportation. With regard to Noise impacts, the Final EIR/EA states:

Construction noise is predicted to result in construction related increases which would exceed the exterior 20 dBA Leq at both residential and commercial land uses along the project alignment.

The construction contractor would be required to comply with the City’s Municipal Code exemption (construction noise which is predicted to exceed relevant thresholds would only occur between the hours of 10:00 a.m. and 3:00 p.m.) and to confine other construction to between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, between 9:00 a.m. and 5:00 p.m. on Saturday.

Therefore, the project would not result in the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance and would not result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity.

Impacts would be less than significant. While project impacts from construction are considered less than significant, the City intends to implement to Condition of Approval NOI1 (NOI-1) to further address noise levels associated with construction to the extent feasible.

Proposed Revision to Condition of Approval NOI-1
The City of Santa Monica, as the Project applicant, proposes a minor modification to Condition of Approval NOI-1 from the Santa Monica Pier Bridge Replacement Project FEIR. This Condition of Approval required that noise barriers and/or blankets must provide a minimum of 40dB STC, which has been determined by the City and design consultant to not be reasonable or feasible to attain. Revisions to this condition of approval are indicated below (insertions are underlined and deletions are struck through):

NOI-1. A Construction Noise Management Plan shall be prepared and approved by the City. The Plan shall outline measures that would be used to reduce noise levels. Measures shall include:
• Construction noise in excess of the limits identified in SMC 4.12.110(b) at sensitive receptors shall occur between the hours of 10 a.m. and 3 p.m. Monday through Friday in accordance with SMC

4.12.110(d).
• The construction contractor(s) shall ensure that construction equipment is properly maintained and in working order per manufacturer specifications and that all construction equipment is equipped with manufacturer approved mufflers and baffles. • The construction contractor(s) shall place noise generating construction equipment and located construction staging areas away from sensitive uses, to the extent practical. • All stationary construction equipment will be located and oriented, so that emitted noise is directed away from sensitive receptors nearest the Project Sites. • Construction equipment will be turned off when not in use and will not be left idling.

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 3 • Heavily loaded trucks shall be routed away from residential streets, conforming to the City’s recommended haul route corridors.
• Construction activities shall be scheduled so as to avoid operating several pieces of high noisegenerating equipment simultaneously, to the extent practical. • The construction contractor(s) shall implement noise attenuation measures, which include temporary noise barriers and/or noise blankets placed between noise generating construction equipment and activities and the off-site noise sensitive receptors (specifically residences), where noise levels have the potential to exceed the levels identified in SMC Section 4.12.110(b). The noise barriers and/or blankets shall be of sufficient density or design to provide a minimum of 40 dB Standard Transmission Class (STC).

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 4 Discussion
An Addendum to a certified EIR may be prepared if only minor technical changes or additions are required, and none of the conditions identified in CEQA Guidelines Section 15162 are present. The following provides an analysis that the proposed revision to Condition of Approval NOI-1 meets the standards set forth in Section 15162, and therefore, a subsequent or supplemental EIR is not required.

1. No substantial changes are proposed in the project which would require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Condition of approval NOI-1 in the FEIR required that temporary noise barriers and/or noise blankets used during construction provide a minimum STC rating of 40 dB. Following consultation between the City and the project design consultant, it has been determined that achieving this level of attenuation is not feasible due to material limitations, site constraints, and constructability concerns. As such, the City proposes to revise the condition to reflect feasible noise attenuation performance while still ensuring compliance with the City’s construction noise standards.

The FEIR concluded that construction-related noise impacts would not be significant for nearby residences or commercial uses, even in the absence of the 40 dB STC requirement with the following analysis:
• Construction equipment is expected to generate Lmax noise levels of up to 79 dBA and Leq levels up to 75 dBA at 100 feet, which would attenuate to approximately 69 dBA Lmax and 65 dBA Leq at the nearest residence 330 feet away which is within the limits allowed by Santa Monica Municipal Code (SMMC) Section 4.12.110 during permitted construction hours. • Construction noise that does exceed the typical thresholds is allowed only between 10 a.m. and 3 p.m., as per the Municipal Code, and the project is required to comply with this restriction as included in NOI-1.
• The FEIR’s determination of less-than-significant construction noise impacts was based on distance attenuation, the limited hours of allowed construction, and regulatory compliance, not on the assumed effectiveness of the STC 40 barriers.

Although the original condition identified a performance standard of 40 dB STC, the reduction or removal of this specific numerical requirement does not change the impact analysis or its conclusions. The original significance determination was not contingent upon achieving that exact STC rating but was instead grounded in the project’s conformance with the City’s enforceable Municipal Code noise limits, which remain unchanged.

The modified version of Condition of Approval NOI-1 would still require the implementation of feasible noise attenuation measures (e.g., barriers or blankets) to reduce construction noise exposure to the extent practicable and ensure compliance with applicable codes. Therefore, the proposed revision to Condition of Approval NOI-1 would not result in new or substantially worse noise impacts. As analyzed in the Final EIR/EA, construction noise impacts would be less than significant without mitigation.

Therefore, the modification to the condition of approval would not result in new significant environmental impacts or increase the severity of impacts identified in the Final EIR/EA.

Pursuant to CEQA Guidelines Section 15164, an addendum to a certified EIR is appropriate when changes to a project do not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Because construction noise was determined to be less than significant in the FEIR without reliance on a 40 dB STC rating, construction activities will continue to comply with SMMC Section 4.12.110 which governs permissible noise levels and hours of construction, and the modified Condition of Approval NOI-1 still requires implementation of practical noise attenuation

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 5 strategies, the proposed modification is not considered a substantial increase in the severity of any previously identified noise impact. Therefore, a supplemental or subsequent EIR is not required and the modification may be documented in an Addendum.

2. No substantial changes have occurred with respect to circumstances under which the project is undertaken that would require major revisions of the previous EIR due to the involvement of new significant environmental effect or a substantial increase in the severity of previously indemnified significant effects.

The physical conditions of the Project site have not been modified since the Project approval. No substantial changes have occurred on neighboring properties that would result in changes to the analysis of physical effects on the environment that was evaluated in the FEIR.

3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or adopted, shows any of the following:
a) The project will have one or more significant effects not discussed in the previous EIR; b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or; d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed modification to Condition of Approval NOI-1 would not result in any new significant environmental impacts that were not previously identified in the EIR. All of the mitigation measures adopted as part of the certified Final EIR/EA would continue to be implemented.

The City Council adopted a Environmental Commitment Record (ECR) as part of its approval of the original project and the ECR remains applicable to the revised project.

Conclusion
The City of Santa Monica, Public Works Department, has reviewed the proposed project and on the basis of the whole record before it, has determined that there is no substantial evidence that the project, as identified in the attached Addendum, would have a significant effect on the environment beyond that which was evaluated in the EIR. A supplemental EIR is not required pursuant to the California Environmental Quality Act of 1970 (Sections 21000, et. Seq., Public Resources Code of the State of California).

This Addendum to the Santa Monica Pier Bridge Replacement Project Final EIR/EA has been prepared pursuant to Title 14, Section 15164 of the California Code of Regulations.

Environmental documentation prepared for the Santa Monica Pier Bridge Replacement project, including the Final EIR/EA, can be reviewed at the offices of the Public Works Department, 1685 Main Street #113, Santa Monica, CA 90401 during public counter hours, or on the City’s website at:
https://www.santamonica.gov/santa-monica-pier-bridge-replacement-project

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 6 Attachments:

A) 2023 Santa Monica Pier Bridge Replacement Project Environmental Impact Report Notice of Determination (SCH #2014121041)
B) City Council Resolution No. 11529 (CCS)

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 6 Attachment - A
Santa Monica Pier Bridge Replacement Project Environmental Impact Report Notice of Determination (SCH #2014121041)

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 7 Attachment - B
City Council Resolution No. 11529 (CCS)

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 1 City Council Meeting: June 13, 2023 Santa Monica, California RESOLUTION NUMBER
(CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA CERTIFYING THE RECIRCULATED FINAL

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT AND

ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE

SANTA MONICA PIER BRIDGE REPLACEMENT PROJECT
WHEREAS, the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. (“CEQA”) requires that cities consider the environmental consequences of their actions before approving a “project”; and WHEREAS, the City is the proponent of the Pier Bridge Replacement Project (the Project) and the lead agency under CEQA and prepared a Recirculated Environmental Impact Report/Environmental Assessment (EIR/EA) for the Project; and WHEREAS, the Project is subject to federal, as well as the City and state environmental review requirements because the City proposes the use of federal funds from the Federal Highway Administration (FHWA) and/or the project requires an approval from FHWA; and
WHEREAS, FHWA’s responsibility for environmental review, consultation, and any other actions required by applicable Federal environmental laws for this Project are being, or have been, carried out by the state of California Department of Transportation (Caltrans) pursuant to 23 United States Code Section 327 (23 USC 327) and the Memorandum of Understanding dated May 27, 2022, and executed by FHWA and Caltrans; and

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 2 WHEREAS, a joint Recirculated EIR/EA has been prepared in compliance with both the CEQA and the National Environmental Policy Act (NEPA); and WHEREAS, the existing Pier Bridge structure has a sufficiency rating of 8.2 (on a scale of 100) and does not meet current seismic standards; and WHEREAS, bridges that are found to be seismically deficient, as defined by the Federal Highway Administration (FHWA), with a sufficiency rating of less than 50, are eligible for federal funding for replacement under the Highway Bridge Program (HBP); and
WHEREAS, during times of high use, the Pier Bridge is not wide enough to accommodate the volume of pedestrians, bicycles, and vehicles that use the facility resulting in pedestrian overflows into the roadway; and WHEREAS, replacement of the Pier Bridge is necessary to address the existing operational and structural deficiencies of the bridge; and WHEREAS, in accordance with CEQA, a Draft Environmental Impact Report/Environmental Assessment (2017 Draft EIR/EA) for the Santa Monica Pier Bridge Replacement Project was published for a 94-day public review period from December 11, 2017, to March 15, 2018; and
WHEREAS, substantial public comments were received concerning both the range of alternatives under consideration for the Project and the perceived impacts associated with those alternatives; and
WHEREAS, subsequent to release of the 2017 Draft EIR/EA, several changes to the existing conditions occurred, including the designation of Carousel Park as a local City landmark, (2) the designation of new scenic corridors as part of the City’s Final Draft

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 3 2018 Land Use Plan of the Local Coastal Program, and (3) identification of potential new historic district; and
WHEREAS, a Recirculated EIR/EA was required to analyze new alternatives for the Project due to changes in existing conditions; and
WHEREAS, a Notice of Preparation for the Santa Monica Pier Bridge Replacement Project Recirculated EIR/EA was published and circulated on October 22, 2019, for 30 days and thus the City developed the Recirculated EIR/EA; and WHEREAS, a Notice of Completion/Notice of Availability of a Recirculated Draft EIR/EA was published on September 22, 2022, in compliance with CEQA and the CEQA Guidelines, Title 14, Division 6, Chapter 3 of the California Code of Regulations; and WHEREAS, pursuant to CEQA Guidelines Section 15105, the Recirculated Draft EIR/EA was circulated for a 49-day public review period, which ended on November 10, 2022; and
WHEREAS, the Recirculated Draft EIR/EA analyzed the potential environmental impacts that could result from the Santa Monica Pier Bridge Replacement Project and two build alternatives, and a No Build Alternative; and WHEREAS, on May 25, 2023, the Recirculated Final EIR/EA was published; and WHEREAS, on June 13, 2023, the City Council, as the CEQA Lead Agency, reviewed the Recirculated Final EIR/EA, in its decision-making process.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby certifies that:

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 4 1) The Recirculated Final EIR/EA for the Santa Monica Pier Bridge Replacement Project (“Project”) was completed in full compliance with state law and the CEQA Guidelines, there was adequate public review of the Recirculated Draft EIR/EA, and the Recirculated Final EIR/EA adequately analyzes all potentially significant environmental issues; and
2) The Recirculated Final EIR/EA was presented to the City Council, and the City Council has reviewed and considered the information contained in the Recirculated Final EIR/EA, including all comments on the Recirculated Draft EIR/EA and responses to comments, in its decision-making process prior to acting on the Project; and
3) The Recirculated Final EIR/EA reflects the independent judgement and analysis of the City.

SECTION 2. Consistent with CEQA Guidelines Section 15128, Chapter 2 of the Recirculated Final EIR/EA determined that the following environmental impacts were not considered potentially significant and were not analyzed in detail in the Recirculated Final EIR/EA: wild and scenic rivers, farmlands, and timberlands.

SECTION 3. Consistent with CEQA Guidelines Section 15091 and 15092, and as analyzed in the Recirculated Final EIR/EA, the City Council finds that the following Project impacts would be less than significant without mitigation: growth (including population growth), community character and cohesion, water supply, storm drains, visual and aesthetics, hydrology, noise, energy, wetlands and other waters, and threatened species.

SECTION 4. Consistent with CEQA Guidelines Sections 15091 and 15092, and as analyzed in the Recirculated Final EIR/EA, the City Council finds that the following Project

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 5 impacts could be reduced to a less than significant level with the implementation of mitigation measures established in Appendix P- Environmental Commitment Record, of the Recirculated Final EIR/EA, and as attached hereto as Exhibit A, Mitigation Monitoring and Reporting Program: land use, relocations and real property acquisition, solid waste and electricity, police and fire protection, traffic and transportation, cultural resources, water quality and stormwater runoff, geology/soils/seismicity/topography, paleontology, hazardous waste and materials, air quality, greenhouse gases, natural communities, plant and animal species, and invasive species.

SECTION 5. Consistent with CEQA Guidelines Sections 15091 and 15092, and as analyzed in the Recirculated Final EIR/EA, the City Council finds that all Project impacts can feasibly be avoided or mitigated to below a level of significance.

SECTION 6. According to Section 15126.6(a) of the State CEQA Guidelines, the purpose of an Alternatives analyses is to identify alternative developments that would feasibly attain most of the basic objectives of the Project but that would avoid or substantially lessen any of the significant effects of the Project. The Recirculated Final EIR/EA found that the Project would not result in any significant effects. Notwithstanding, the Recirculated Final EIR/EA provided an analysis of the environmentally superior alternative. Alternative 2, the Preferred Alternative, would be environmentally superior to Alternative 1. Alternative 2 was found to be environmentally superior over Alternative 1 because it would provide pedestrians with a sidewalk and access along the south side of the bridge, which would align with the Colorado Esplanade at the eastern limit and the majority of the destinations on the Pier which are located on the south side of the Pier. The south side walkway would also reduce the need for pedestrians to cross vehicle traffic at both the top and bottom of

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 6 bridge. Therefore, Alternative 2 would greatly facilitate pedestrian flow compared to Alternative 1, which places the sidewalk on the north side of the bridge. Alternative 1 would also result in re-aligning the northerly curb at the intersection with Ocean Avenue, and as a result the traffic lanes would not align as well as with Alternative 2.

SECTION 7. Consistent with Public Resources Code Section 21081.6, the City Council adopts the attached Mitigation Monitoring and Reporting Program, attached hereto as Exhibit A, and incorporated herein by reference, and included as Appendix P - Environmental Commitment Record of the Recirculated Final EIR/EA, to mitigate or avoid significant effects of the Project on the environment, as described in Section 4 of this resolution, and to ensure compliance during project implementation.

SECTION 8. The preceding findings, although based primarily on conclusions in the Recirculated Final EIR/EA, have not attempted to describe the full analysis of each environmental impact contained in the Recirculated Final EIR/EA. Instead, the findings incorporate by reference the discussions and analyses in the Recirculated Final EIR/EA and supporting reference documents supporting the Recirculated Final EIR/EA’s determinations regarding the nature and severity of the impacts of the Project and mitigation measures designed to address those impacts. In making these findings, the City Council ratifies, adopts, and incorporates into these findings the analysis and explanation in the Recirculated Final EIR/EA and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the Recirculated Final EIR/EA.

SECTION 9. Consistent with Public Resources Code Section 21081.6, the documents which constitute the record of proceedings for approving this Project are located in the City of Santa Monica, Engineering and Street Services Division, 1685 Main

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 7 Street, Santa Monica, California. The custodian of these documents is Omeed Pour, Civil Engineer.

SECTION 10. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge

EXHIBIT A

MITIGATION MONITORING AND REPORTING PROGRAM
[BEHIND THIS PAGE]

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge

SANTA MONICA PIER BRIDGE REPLACEMENT

PROJECT

MITIGATION MONITORING AND REPORTING

PROGRAM
P REPARED FOR :

City of Santa Monica
1685 Main Street, Mail Stop 15
Santa Monica, CA 90401
Contact: Omeed Pour
(310) 458-2201 x2481
P REPARED BY :

ICF
555 W. 5th Street, Suite 3100
Los Angeles, CA 90013
Contact: Sarah Baker
(213) 312-1742
May 2023
ICF. 2023. Santa Monica Pier Replacement Project. Mitigation Monitoring and Reporting Program. May. (ICF 104260.0.001.01.013.01.) Los Angeles, CA. Prepared for City of Santa Monica, CA.

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge Pier Bridge Replacement Project
Mitigation Monitoring and Reporting
Program
1 May 2023
Mitigation Monitoring and Reporting Program
CEQA requires agencies that adopt an Environmental Impact Report (EIR) or Mitigated Negative Declaration to take affirmative steps to determine that approved mitigation measures are implemented after project approval.

As part of CEQA’s environmental review procedures, Section 21081.6 requires a public agency to adopt a reporting or monitoring program for assessing and ensuring the efficacy of any mitigation measures applied to a proposed project. Specifically, the lead or responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated into a project or imposed as conditions of approval. The program must be designed to ensure compliance during project implementation. As stated in Public Resources Code Section 21081.6 (a) (1):

The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program.

CEQA Section 15097 provides general guidelines for implementing mitigation monitoring and reporting programs (MMRPs). Specific reporting and/or monitoring requirements, which are to be enforced during project implementation, shall be defined prior to final approval of the proposal by the responsible decision maker(s).

In response to established CEQA requirements and those of Public Resources Code Section 21000 et seq., this MMRP for the proposed Santa Monica Pier Replacement Project shall be submitted for adoption by the City prior to completion of the environmental review process.

The City, as the project proponent and lead agency under CEQA, shall be responsible for assuring full compliance with the provisions of this program. The City shall also ensure that monitoring reports are filed on a timely basis and, when identified, that program violations are corrected.

This MMRP includes the mitigation measure(s) identified in the Final EIR and for each mitigation measure, the following information is provided:

Party Responsible for Implementation of the Mitigation Measure; Implementation Phase;
Party Responsible for Monitoring Implementation;
Monitoring Activity;
Monitoring Period;
Monitoring Frequency; and
Source.

The table below presents the MMRP for the proposed project.

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge City of Santa Monica
Pier Bridge Replacement Project
Mitigation Monitoring and Reporting
Program
2 May 2023

This page was intentionally left blank.

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge City of Santa Monica
3 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Table 1. Mitigation Monitoring and Reporting Program
Category Measure Source Responsible Party Action to Comply Phase Other UES-1. Prior to construction activities that could affect utility services on the pier, the City of Santa Monica project manager and construction contractor shall coordinate with utility owners to develop a plan to maintain continuous essential services to the pier during construction.

DEIR/EA pg. 2.1-27
City of Santa Monica Project Manager and Construction Contractor Contractor shall coordinate with impacted utility owners PreConstruction
Cultural Resources
Approval/concurrence for finding of effect and memorandum of agreement DEIR/EA pg. 1-75
Caltrans PQS Principal Architectural Historian
Submit HPSR and Finding of Effect documentation to SHPO PreConstruction
Cultural Resources
CR-5. All modifications to the Pier deck that are visible will be reconstructed and replaced in kind so as to maintain the historic character of the Pier, with new materials matching the original/old design, color, texture, and other visual qualities. All such work shall be accurately reproduced, based on historical, pictorial, and physical documentation and evidence. A Certificate of Appropriateness, approved by the City of Santa Monica Landmarks Commission, is also required.

DEIR/EA pg. 2.7-68
City of Santa Monica Project Manager and Engineering Consultant Obtain Certificate of Appropriateness from City of Santa Monica Landmarks Commission PreConstruction
Cultural Resources
CR-6. To ensure a compatible replacement bridge avoids
significant adverse effects to adjacent historic resources and their historic setting, the new bridge design shall follow guidance and direction provided in the Pier District Design Guidelines. In consideration of the proportions, window placement, and alignment with elements of Looff’s Hippodrome and surrounding historic resources, the following features shall be studied: landings and horizontal structure lines; building openings; visible joint lines and glazing mullions.

DEIR/EA pg. 2.1-68
City of Santa Monica Project Manager and Engineering Consultant Engineering Consultant shall follow Pier District Design Guidelines when developing final design for the selected alternative PreConstruction, Construction
Stormwater WQ-1. The proposed project will comply with the provisions of the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the DEIR/EA pg. 2.9-12
City of Santa Monica Project Manager and
Comply with associated NPDES permits
PreConstruction, Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
4 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4 (Order No. R4-2021-0105, NPDES No. CAS004004) and the NPDES General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) (Order No. 2022-0027-DWQ, NPDES No.

CAS000002) and any subsequent permits in effect at the time of construction.

Construction Contractor
Water Quality
WQ-2. The proposed project will comply with the Construction General Permit by preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP) to address issues related to construction activities, pieces of equipment, and materials that have the potential to affect water quality and risk levels. The SWPPP will identify the sources of pollutants that may affect the quality of stormwater and include Best Management Practices (BMPs), such as sediment controls, catch basin inlet protection, construction materials management, and non-stormwater BMPs, to control pollutants. All work must conform to the construction site BMP requirements specified in the latest edition of the California Department of Transportation Construction Site Best Management Practices Manual to control and minimize the impacts of construction and constructionrelated activities, materials, and pollutants on the watershed. These include, but are not limited to, temporary sediment control, temporary soil stabilization, waste management, materials handling, and other non-stormwater BMPs.

DEIR/EA pg. 2.9-12
City of Santa Monica Project Manager and Construction Contractor Prepare SWPPP PreConstruction
Other GEO-1. The following actions shall be incorporated into the project:

DEIR/EA pg. 2.10-3
City of Santa Monica Project Manager and Construction Contractor Incorporate GEO-1 actions
into the project
PreConstruction, Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
5 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase x Removal of unsuitable subgrade soils and replacement
with engineered fill,
x Use of coated or non-metallic (i.e., concrete or polyvinyl chloride [PVC]) pipes that are not susceptible to corrosion, x Construction of foundations using sulfate-resistant
concrete,
x Support of structures on deep-pile foundation systems, x Densification of compactable subgrade soils with in-situ techniques, and
x Placement of moisture barriers above and around
expansive subgrade soils to help prevent variations in soil moisture content, where applicable.

Hazardous Waste
HAZ-2. In accordance with hazardous waste concerns relative to the final project design plans, the following shall be provided to the Caltrans Office of Environmental Engineering for review and approval: Final construction documents and plans for the preferred alternative, x A hazardous waste Sampling and Analysis Plan, and
x A Site Investigation Report for ADL, which shall be
performed to determine the extent of possible contamination within the state right-of-way.

The detailed construction document/plans shall include design features and information showing proposed structure/foundation work (i.e., footing/pile types, pile lengths, maximum excavation depths) and the new right-of-way. Based on the detailed construction document/plans, the following shall also be submitted to Caltrans Office of Environmental Engineering for informational purposes:

DEIR/EA pg. 3-57
City of Santa Monica Project Manager and Engineering Consultant Supply final project design plans to Caltrans Office of Environmental Engineering PreConstruction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
6 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase x Sampling and Analysis Plan (including a Health and
Safety Plan) for soil and groundwater (including ADL),
x Asbestos-Containing Material and Lead-Based Paint
Survey Work Plan for bridge demolition work (discussed above in HAZ-1), and x Draft and Final Site Investigation Report, AsbestosContaining Material Report, and Lead-Based Paint Survey Report.

Based on the Site Investigation Report and investigative results, the City will be required to prepare the necessary construction plans and specifications for remediation of hazardous materials (including soil and groundwater) as necessary. The specifications shall comply with current Caltrans Standard Special Provisions (SSPs) and Standard Plans. In addition, the City shall review and incorporate Caltrans SSPs for work related to:
x Disturbance of material containing hazardous waste with concentrations of ADL,
x Removal of material containing hazardous waste with
concentrations of ADL,
x Removal of yellow traffic stripes and pavement markings with hazardous waste residue,
x Disturbance of existing paint on bridges,
x Removal of treated wood waste, and x Removal of traffic stripes and pavement markings containing lead.

Other The City continue to coordinate with Heal the Bay to ascertain the particulars of their operations and specific replacementproperty needs. The proposed partial acquisition and temporary displacement would comply with the appropriate requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. An Adjacent Structures Monitoring Plan, mitigation measure CR-3, will be Relocation Impact Memo pg. 5
City of Santa Monica Planning Staff
Prepare Adjacent Structures Monitoring Plan and continue to meet with Heal On-going

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
7 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase prepared for the project and include the monitoring of the aquarium for impacts due to construction vibration. the Bay Aquarium Staff
Other TRA-1. A Construction Traffic Impact Mitigation Plan shall be prepared and implemented prior to construction to provide for traffic and parking capacity management during construction. This plan shall be subject to approval by the City Engineer and/or the City Traffic Engineer. The approved mitigation plan shall be posted on the project site for the duration of construction and be produced upon request. The plan shall include, but not be limited to, the following:
x Implement a public information program to advise
motorists of impending and ongoing construction activities (e.g., use of media listings/notifications, the City website and related agency websites, portable message signs, informational signs at the construction site, a telephone hotline to record comments/complaints during construction); x Obtain approval from the City, or Caltrans, if required, for construction-related vehicular detours or construction
work requiring encroachment into public rights-of-way
or any other street use (e.g., haul routes for earth, concrete, construction materials, equipment); x Provide safety precautions for pedestrians and bicyclists through measures such as the installation of protection barriers and signage that indicates pedestrian and bicycle detours where existing facilities would be affected; x Ensure the timely notification of construction schedules for all affected agencies (e.g., City Police Department, Fire Department, and Public Works Department; Planning Division of the Community Development Department; affected transit agencies [Santa Monica Big Blue Bus and DEIR/EA pg. 3-60
City of Santa Monica Project Manager and Construction Contractor Prepare a Construction Traffic Impact Mitigation Plan
Preconstruction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
8 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Metro]; and all property owners and residential and commercial tenants within a radius of 500 feet); x Schedule pre-construction meetings with affected
agencies to plan the proper methods for controlling traffic through work areas; x Schedule and expedite work so as to cause the least
amount of disruption and interference with the adjacent vehicular and pedestrian traffic flow, including, to the extent feasible, the avoidance of full closures on Moomat Ahiko Way, Appian Way, and Ocean Front Walk during months of peak activity at the pier; x Prepare a detailed traffic control plan for work zones that includes, at a minimum, parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding project construction activities that may disrupt normal pedestrian and traffic flows and measures to address disruptions. x Monitor traffic conditions during construction and, if needed, assign traffic control officers to direct vehicular traffic and pedestrians; x Limit the queuing of trucks to on-site locations and limit truck queuing on City streets;
x Restrict the storage of construction material and
equipment to designated work areas;
x Provide a construction-period parking plan that
minimizes the use of public streets for parking. This may include use of a remote location with shuttle transport to the site; x If feasible and safe, as determined by the City and
Caltrans, ensure that Moomat Ahiko Way remains open during major events and activities at Santa Monica Pier; and

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
9 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Unless required by the City and Caltrans, ensure that the California Incline remains open during the construction period for the proposed project.

Cultural Resources
CR-3. Prior to the start of construction, the City shall prepare an Adjacent Structure Monitoring Plan (Monitoring Plan) to safeguard adjacent historic resources, including the Looff’s Hippodrome and the locally designated buildings at 1601–1619 Ocean Front Walk, during construction from damage due to vibration, demolition, excavation, and general construction activities and to mitigate the possibility of settlement due to the removal of soil.

The Monitoring Plan will define protective measures specific to individual historic resources; assign monitoring responsibilities; install and maintain construction fencing for screening and security; and ensure safe public circulation and access during construction. Any protective measures shall be designed and installed in such a way that they are completely reversible with no impacts on historic resources. As part of the Monitoring Plan, prior to construction the project site and adjacent historic resources will be photographed to record their existing pre-construction condition and character-defining features to be kept on file with the publicly accessible property records at the City of Santa Monica. The Monitoring Plan shall be prepared by a qualified and California-licensed Professional Engineer who is approved by the City of Santa Monica. The Monitoring Plan shall be developed in conjunction with a qualified architectural historian, historic architect, or historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards in their respective field(s), pursuant to 36 CFR 61. All monitoring shall be conducted to the extent allowed by the property owners. The Monitoring Plan shall include performance standards that specify:

DEIR/EA pg. 2.7-67
City of Santa Monica Project Manager and Engineering Consultant Prepare Adjacent Structure Monitoring Plan
Preconstruction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
10 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase All new construction work will be performed so that adjacent buildings and resources, including Looff’s Hippodrome and 1601–1619 Ocean Front Walk buildings, will not be adversely affected. A qualified and California-licensed Professional Engineer will develop monitoring recommendations, based on preconstruction surveys and photo documentation of existing conditions of adjacent historic resources. Monitoring may include the use of vibration monitors, elevation and lateral monitoring points, crack monitors, or other instrumentation determined necessary to protect adjacent buildings and structures from construction-related damage. Vertical and horizontal movement will be determined by a California-licensed land surveyor or qualified professional engineer, and vibration thresholds will be maintained to levels below that which could damage adjacent buildings. If thresholds are met, or if noticeable structural damage becomes evident to the project contractor, work shall stop until feasible steps to reduce vibratory levels have been undertaken and minimization measures have been implemented to stabilize adjacent building and prevent construction-related damage. Any damage to historic finish materials at nearby buildings shall be repaired in consultation with the affected property owner and a qualified preservation consultant and, if warranted, in a manner that meets the Secretary of the Interior’s Standards. If necessary, as determined by a California-licensed Professional Engineer, a shoring plan will be developed to protect adjacent historic resource from excavation or general construction procedures. The shoring plan will be developed by the contractor and submitted to the City of Santa Monica for review.

Cultural Resources
CR-4. Prior to any construction starting, the Pier Sign Preservation Plan shall be implemented to ensure the protection of the Pier Sign throughout the construction phase.

DEIR/EA pg. 2.7-68 and Pier Sign
Preservation Architect
Prepare Pier Sign
Preconstruction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
11 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Protection Plan
Preservation Plan
Cultural Resources
Submit full plan check set of construction drawings including details for work on the Pier Sign to Caltrans PQS Finding of No Adverse Effect pg. 7-2
City of Santa Monica Planning Staff, Caltrans Architectural Historian PQS Submit project plans to Caltrans Architectural Historian PQS Preconstruction
Cultural Resources
Solicit for qualified Historic Preservation Architect to review Monitoring Plan and Pier Sign plans, implement the Plans, and propose and inform the Contractor of specifications to ensure Standards-compliant work Finding of No Adverse Effect pg. 7-2
City of Santa Monica Project Manager
Solicit for qualified Historic Preservation Architect
Preconstruction
Cultural Resources
Solicit for qualified and licensed Engineer to perform preconstruction survey and prepare Monitoring Plan Finding of No Adverse Effect pg. 7-2
City of Santa Monica Project Manager
Solicit for qualified and licensed Engineer
Preconstruction
Cultural Resources
Carry out pre-construction survey and documentation of existing conditions, establish vibration thresholds for incorporation into Monitoring Plan Finding of No Adverse Effect pg. 7-2
Consultant Engineer
Prepare preconstruction documentation of existing vibration thresholds Preconstruction
Cultural Resources
Prepare Monitoring Plan including specifications for monitoring procedures and equipment, vibration thresholds, and with input from Historic Preservation Architect regarding Standardscompliant work Finding of No Adverse Effect pg. 7-2
Consultant Engineer, Historic Preservation Architect
Prepare Monitoring Plan
Preconstruction
Cultural Resources
Prepare Pier Sign Report including conditions assessment, documentation, and specifications for work Finding of No Adverse Effect pg. 7-2
Consultant Engineer, Historic Preservation Architect
Prepare Pier Sign Report
Preconstruction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
12 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Cultural Resources Prepare detailed construction plan set based on Engineer’s specifications and recommendations in Monitoring Plan; submit to Caltrans PQS for review and comment Finding of No Adverse Effect pg. 7-2
Consultant Engineer, Historic Preservation Architect
Submit construction plan set to Caltrans Architectural Historian PQS for comment Preconstruction
Cultural Resources
Prepare detailed construction plan set for work on the Pier Sign based on the Historic Preservation Architect’s specifications and recommendations; submit to Caltrans PQS for review and comment Finding of No Adverse Effect pg. 7-2
Consultant Engineer, Historic Preservation Architect
Submit construction plan set specific to the Pier Sign to Caltrans Architectural Historian PQS for comment Preconstruction
Hazardous Waste
HAZ-1. Prior to demolition work associated with the proposed improvements, ACBM and LBP surveys would be conducted to determine the presence of these materials. If discovered on site, asbestos and LBP hazards shall be abated in accordance with South Coast Air Quality Management District Rule 1403 prior to any demolition or bridge rehabilitation activities.

DEIR/EA pg. 2-12.10
Construction Contractor
Perform preconstruction surveys for ACBM and LBP
Preconstruction
Biology BIO-2. To avoid impacts on bats that may be roosting in palm trees within the project area, direct impacts on unmanicured palms with dead fronds shall be avoided during construction, and activities that cause high levels of vibration and/or noise, within 500 feet, shall also be avoided. If it is not possible to avoid direct impacts (e.g., tree removal, tree disturbance, tree trimming), as well as indirect impacts (e.g., noise, vibration), a qualified bat biologist shall survey the trees in the project area (i.e., conduct acoustic nighttime surveys) prior to disturbance to determine whether bats are roosting. A copy of all survey results shall be forwarded to Caltrans’ Division of Environmental Planning.

DEIR/EA pg. 3-52
Qualified Consultant Biologist
Perform surveys for tree roosting bats prior to removal and monitor for impacts if present Preconstruction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
13 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase If bats are present, the bat biologist shall monitor construction activities to ensure that bats are not affected. The qualified bat biologist may also provide other avoidance measures to ensure that impacts are avoided and minimized.

Biology BIO-3. A qualified bat biologist who is also familiar with crevice-dwelling bird species shall survey the project
disturbance limits and the Pier Bridge in early summer, prior to construction, to assess the potential for the bridge’s use for bat roosting, bat maternity roosting, and bird roosting/nesting (maternity roosts and nests generally form in spring). The qualified bat biologist shall also perform preconstruction surveys within 2 weeks of construction because bat and bird roosts can change seasonally. These surveys will include a combination of structure inspections, exit counts, and acoustic surveys. A copy of all survey results shall be forwarded to Caltrans’ Division of Environmental Planning and the City.

DEIR/EA pg. 3-52
Qualified Consultant Biologist
Perform preconstruction bats surveys 2 weeks prior to construction Preconstruction
Biology BIO-5. Within 7 days of the commencement of construction activities (if between January 15 and September 1), a qualified biologist shall perform a nesting bird survey to determine whether there are active migratory bird nests within 200 feet of the project footprint and raptor nests within 500 feet of the project footprint. If present, this survey shall identify the species and, to the degree feasible, nesting stage (e.g., incubation of young, feeding of young, near fledging). Nests shall be mapped to the nearest location feasible without causing disturbance (close encroachment may cause nest abandonment). If active nests of non-listed migratory birds are found, construction shall not occur within a buffer until the nesting attempt has been completed and/or abandoned because of non-project-related reasons. The buffer distance for nonlisted migratory birds shall be determined by the project biologist, depending on the species’ requirements, sensitivity to disturbance, and project activities. Construction shall not occur within 500 feet of a raptor’s nest until the nesting attempt has DEIR/EA pg. 3-52
Qualified Consultant Biologist
Perform preconstruction surveys for birds 7 days prior to construction Preconstruction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
14 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase been completed and/or abandoned because of non-projectrelated reasons. If a nest of a special-status migratory bird (either federal or state listed or non-listed) is found, an appropriate buffer distance shall be determined, based on the species’ nesting requirements and sensitivity to disturbance, in consultation with the appropriate wildlife agencies (i.e., CDFW and/or USFWS), depending on the species’ status. A copy of all survey results and any agency coordination shall be forwarded to Caltrans’ Division of Environmental Planning and the City.

Other LU-1. The historic pier sign itself shall be maintained and preserved in kind. Repairs shall be performed, as needed, to preserve the sign’s longevity and historic aesthetic. New support structures, to accommodate widening of the bridge, shall be constructed and designed to match the existing historic context and aesthetic of the bridge. All designs for the support structures shall be approved by a certified architectural historian, in concurrence with California Department of Transportation personnel and the State Historic Preservation Officer.

DEIR/EA pg. 3-59
Construction Contractor
Follow protocol set forth in the Pier Sign Protection Plan Construction
Cultural Resources
CR-1. If human remains are discovered during construction,
᩿͹ͲͷͲǤͷfurther disturbances and activities shall cease in any area or nearby area suspected to overlie remains and the county coroner shall be contacted. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission, which will then notify the most likely descendent. At that time, the person who discovered the remains will contact the Caltrans 7 Division of Environmental Planning to work with the most likely descendent on the respectful treatment and disposition of the remains. Further provisions of Public Resources Code Section 5097.98 are to be followed, as applicable.

DEIR/EA pg. 2.7-67
Construction Contractor, Qualified Consultant Archeologist Stop work if human remains are discovered and contract Caltrans staff Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
15 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Cultural Resources CR-2. If buried cultural resources, such as flaked or ground stone, historic debris, building foundations, or non-human bone, are inadvertently discovered during ground-disturbing activities, work shall stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include developing avoidance strategies, capping with fill material, or mitigating impacts through data recovery programs such as excavation or detailed documentation.

DEIR/EA pg. 2.7-67
Construction Contractor, Qualified Consultant Archeologist Stop work if buried cultural resources are discovered and contact Caltrans staff Construction
Paleontology PAL-1. Because of the paleontological potential of the older Quaternary alluvium, a qualified vertebrate paleontologist shall be retained by the City or construction contractor to oversee monitoring during earthmoving activities with the potential to affect this formation. Excavations can be monitored by a qualified paleontological monitor under the supervision of the qualified paleontologist. Deep-drilled, poured-in-place concrete shafts will be monitored only if possible (e.g., during initial clearing and grading of the shaft sites). Monitoring of earthwork in the older Quaternary alluvium will reduce potential impacts to a less-than-significant level.

Monitoring may be reduced if the potentially fossiliferous unit described herein is, upon exposure and examination by qualified paleontological personnel, determined to have low potential for containing fossil resources. The paleontological monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall have authority to temporarily divert grading away from exposed fossils to recover the fossil specimens professionally and efficiently and collect associated data. All efforts to avoid delays in project schedules shall be made. To prevent construction delays, paleontological monitors shall be equipped DEIR/EA pg. 2.11-4
City of Santa Monica Project Manager, Construction Contractor, and Qualified Consultant Paleontological Monitor City or Construction Contractor shall obtain a qualified vertebrate paleontologist to oversee monitoring during earthmoving activities with the potential to affect Quaternary alluvium Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
16 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase with the necessary tools for the rapid removal of fossils and retrieval of associated data. This equipment shall include handheld global positioning system receivers, digital cameras, and cell phones as well as a tool kit with specimen containers, matrix sampling bags, field labels, field tools (e.g., awls, hammers, chisels, shovels, etc.), and plaster kits. At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured, and appropriate sediment samples shall be collected and submitted for analysis. Fossils collected, if any, shall be transported to a paleontological laboratory for processing where they shall be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and then deposited in a designated paleontological curation facility such as the LACM. Following analysis, a report of findings with an appended itemized inventory of specimens shall be prepared. The report and inventory, when submitted to the appropriate lead agency, along with confirmation of the curation of recovered specimens into an established, accredited museum repository, shall signify completion of the program to mitigate impacts on paleontological resources.

Cultural Resources
Implement Monitoring Plan and Pier Sign Preservation Plan specifications Finding of No Adverse Effect pg. 7-2
Construction Contractor, Historic Preservation Architect Implement Monitoring Plan and Pier Sign Preservation Plan specifications Construction
Cultural Resources
Securely label all disassembled Pier Sign components with identifying location and contact information and retain and store components safely in a secure location that is shared with City staff Finding of No Adverse Effect pg. 7-2
City of Santa Monica Planning Staff, Construction Contractor, Historic Label and store Pier Sign components
Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
17 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Preservation Architect
Cultural Resources
Implement maintenance and repairs to the Pier Sign as outlined in Pier Sign Report and reviewed by Caltrans PQS Finding of No Adverse Effect pg. 7-3
Historic Preservation Architect
Implement maintenance and repairs to the Pier Sign as outlined in Pier Sign Report Construction
Cultural Resources
Read monitoring equipment and check for evident structural damage; implement minimization measures if thresholds met and/or damage observed Finding of No Adverse Effect pg. 7-3
Construction Contractor, Historic Preservation Architect Throughout construction contractor shall check for evident structural damage; implement minimization measures if thresholds met and/or damage observed Construction
Cultural Resources
Submit changes to the scope of work not covered in the FNAE to Caltrans PQS for review prior to the work beginning Finding of No Adverse Effect pg. 7-3
City of Santa Monica Project Manager, Construction Contractor, Caltrans Architectural Historian PQS Submit changes to the scope of work to Caltrans Architectural Historian PQS Construction
Cultural Resources
50% Project walk-through: conduct inspection midway through construction to determine if the FNAE conditions including Pier Sign specifications are being met Finding of No Adverse Effect pg. 7-3
City of Santa Monica Project Manager, Caltrans
Perform 50% Project walkthrough
Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
18 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Architectural Historian PQS
Hazardous Waste
HAZ-3. Although contaminated soil is unlikely to be present on the project site, the contractor shall observe exposed soil for odor and/or visual evidence of contamination during excavation activities. If odiferous, stained, or discolored soil is discovered by the contractor during excavation or grading activities, all work shall stop, and an investigation shall be designed and performed to verify the presence and extent of contamination at the site. A qualified and approved environmental consultant shall perform the review and investigation. Results shall be reviewed and approved by the applicable local and state agencies prior to construction. The investigation shall include collecting samples for laboratory analysis and quantifying contaminant levels within the proposed excavation and surface disturbance areas. Subsurface investigation shall determine appropriate procedures for worker protection and hazardous material handling and disposal procedures appropriate for the project site.

DEIR/EA pg. 3-57
Construction Contractor
Observe exposed soil for odor and/or visual evidence of contamination during excavation activities Construction
Hazardous Waste
HAZ-4. Areas with contaminated soil that has been determined to be hazardous waste shall be excavated by personnel who have been trained through the Occupational Safety and Health Administration–recommended 40-hour safety program (29 Code of Federal Regulations 1910.120), with an approved plan for excavation, control of contaminant releases to the air, and off-site transport or on-site treatment. Health and safety plans prepared by a qualified and approved industrial hygienist shall be developed to protect the public and all workers in the construction area. Health and safety plans shall be reviewed and approved by the appropriate local and state agencies.

DEIR/EA pg. 3-58
Construction Contractor
Areas with contaminated soil that has been determined to be hazardous waste shall be excavated by personnel who have been trained through the Occupational Safety and Health Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
19 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Administration–recommended 40-hour safety
program with an approved plan for excavation
Hazardous Waste
HAZ-5. Should construction activities result in the removal of yellow or white painted or thermoplastic traffic stripes, the age of the traffic striping shall be determined. If lead or chromium is present in the materials at or above specified hazardous waste levels, it shall be appropriately captured and transported, then disposed of at a permitted Class I disposal facility in California. In addition, a project-specific Lead Compliance Plan shall be required to prevent or minimize worker exposure to lead while handling materials containing lead. Attention shall be directed to Title 8, California Code of Regulations, Section 1532.1, Lead.

DEIR/EA pg. 3-58
Construction Contractor
Contractor shall dispose of thermoplastic traffic stripes determined to contain lead or chromium at a permitted Class I disposal facility in California Construction
Hazardous Waste
HAZ-6. Although there is no evidence that groundwater in the vicinity of the pier contains contaminants, excavations below the elevation of groundwater could experience strong seepage and require dewatering. The contractor shall observe groundwater for visual evidence of contamination or unusual odors. The contractor shall comply with all applicable regulations and permit requirements for construction dewatering. This may include laboratory testing, treatment of contaminated groundwater, or other disposal options.

DEIR/EA pg. 3-58
Construction Contractor
The contractor shall observe groundwater encountered for visual evidence of contamination or unusual odors Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
20 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Air Quality AQ-1. To reduce particulate matter exhaust emissions, the City (or its contractors) shall ensure that all off-road diesel-powered equipment rated at 50 brake horsepower and greater used during construction shall meet EPA Tier 4 emissions standards, or better, except construction equipment for which such emissions control technology is not available DEIR/EA pg. 2.13-20
Construction Contractor
All off-road diesel-powered equipment rated at 50 brake horsepower and greater used during construction shall meet EPA Tier 4 emissions standards Construction
Air Quality Most construction-related impacts on air quality are short term and, therefore, do not result in long-term adverse conditions.

Implementation of the following avoidance and minimization measures, some of which may also be required for other purposes, such as stormwater pollution control, would reduce any air quality impacts resulting from construction activities:
x The construction contractor must comply with Caltrans Standard Specifications in Section 14-9 (2018).
x Section 14-9-02 specifically requires the contractor
to comply with all applicable laws and regulations related to air quality, including air pollution control district and air quality management district regulations and local ordinances. x Water or dust palliative will be applied to the site and equipment as often as necessary to control fugitive dust emissions. Fugitive emissions generally must meet a “no visible dust” criterion, either at the point of emission or at the right-of-way line, depending on local regulations.

DEIR/EA pg. 2.13-20
Construction Contractor
Comply with air quality provisions outlined within this ECR Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
21 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase x Soil binder will be spread on any unpaved roads used
for construction purposes and on all project construction parking areas. x Construction equipment and vehicles will be properly
tuned and maintained. All construction equipment will use low-sulfur fuel, as required by California Code of Regulations Title 17, Section 93114. x A dust control plan will be developed, documenting
sprinkling, temporary paving, speed limits, and timely revegetation of disturbed slopes, as needed, to minimize construction impacts on existing communities. x Equipment and material storage sites will be located as far away from residential, and park uses as practicable. Construction areas will be kept clean and orderly. x Environmentally sensitive areas, or their equivalent, will be established near sensitive air receptors. Within these areas, construction activities involving extended idling of diesel equipment or vehicles will be prohibited, to the extent feasible. x Track-out reduction measures, such as gravel pads at
project access points to minimize dust and mud deposits on roads affected by construction traffic, will be used. x All transported loads of soils and wet materials will be covered before transport or adequate freeboard (i.e., the space from the top of the material to the top of the truck) will be provided to minimize emissions of dust (particulate matter) during transportation.

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
22 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase x Dust and mud deposited on paved public roads due to
construction activity and traffic will be promptly and regularly removed to decrease particulate matter. x To the extent feasible, construction traffic will be
scheduled and routed so as to reduce congestion and related air quality impacts caused by idling vehicles along local roads during peak travel times.

Mulch will be installed, or vegetation planted as soon as practical after grading to reduce windblown particulate in the area. Be aware that certain methods of mulch placement, such as straw blowing, may themselves cause dust and visible emissions; therefore, it may be necessary to use controls, such as dampened straw.

Biology BIO-1. All construction-related work, including staging, storage, and access, shall be limited, to the greatest extent feasible; shall occur within the project limits; and shall not encroach upon the sandy beach habitat adjacent to the project area DEIR/EA pg. 3-52
Construction Contractor
Avoid sandy beach habitat adjacent to project area
Construction
Biology BIO-4. If recommended by the qualified bat biologist, to avoid indirect disturbance of bats and birds while roosting in areas that would be subject to or adjacent to impacts from construction activities, any portion of a structure that is deemed by a qualified bat biologist to have potential bat or bird roosting habitat, in areas where the young have the ability to fly and may be affected by the proposed project, shall have temporary bat/bird eviction and exclusion devices installed under the supervision of the qualified bat biologist prior to the initiation of construction activities. Eviction and subsequent exclusion will be conducted during the fall (September or October) to avoid trapping flightless young inside during the summer months or hibernating/overwintering individuals during the winter. Such exclusion efforts are dependent on weather conditions, take a minimum of 2 weeks, and must be continued to keep the structures free of bats and birds until the DEIR/EA pg. 3-53
Construction Contractor and Qualified Consultant Biologist Install exclusionary devices for birds and bats if deemed necessary Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
23 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase completion of construction. All eviction and/or exclusion techniques shall be coordinated between the qualified bat biologist and the appropriate resource agencies (e.g., CDFW). Work shall cease around any active bat maternity colony until such time that the young have the ability to fly, as determined by a qualified bat biologist.

Biology BIO-6. Construction equipment shall be inspected and cleaned prior to mobilization to the project site to minimize the importation of nonnative plant material. Eradication strategies (e.g., weed control) shall be implemented should an invasion of nonnative plant species occur.

DEIR/EA pg. 3-54
Construction Contractor
Inspect construction equipment prior to mobilization for nonnative plant species Construction
Other UES-2. Both before construction begins and thereafter, the City of Santa Monica project manager and construction contractor shall regularly notify and coordinate with the Santa Monica Police Department and Santa Monica Fire Department during project design and scheduling, particularly in regard to any street or lane closures related to the proposed project.

DEIR/EA pg. 2.4-9
City of Santa Monica Project Manager and Construction Contractor Regularly notify local police and fire departments of street closures Construction
Noise Condition of Approval NOI-1. A Construction Noise Management Plan shall be prepared and approved by the City. The Plan shall outline measures that would be used to reduce noise levels. Measures shall include:
x Construction noise in excess of the limits identified in SMC 4.12.110(b) at sensitive receptors shall occur between the hours of 10 a.m. and 3 p.m. Monday through Friday in accordance with SMC 4.12.110(d). x The construction contractor(s) shall ensure that
construction equipment is properly maintained and in working order per manufacturer specifications and that all construction equipment is equipped with manufacturer approved mufflers and baffles.

FEIR/EA pg. 3-41
City of Santa Monica Project Manager and Construction Contractor Develop Construction Noise Management Plan
Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
24 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase x The construction contractor(s) shall place noise
generating construction equipment and located construction staging areas away from sensitive uses to the extent practical. x All stationary construction equipment will be located and oriented, so that emitted noise is directed away from sensitive receptors nearest the Project Sites. x Construction equipment will be turned off when not in use and will not be left idling.
x Heavily loaded trucks shall be routed away from
residential streets, conforming to the City’s recommended haul route corridors. x Construction activities shall be scheduled so as to avoid operating several pieces of high noise-generating
equipment simultaneously, to the extent practical.
x The construction contractor(s) shall implement noise
attenuation measures, which include temporary noise barriers and/or noise blankets placed between noisegenerating construction equipment and activities and the off-site noise sensitive receptors (specifically residences), where noise levels have the potential to exceed the levels identified in SMC Section 4.12.110(b). The noise barriers and/or blankets shall be of sufficient density or design to provide a minimum of 40 dB Standard Transmission Class (STC).

Biology BIO-7. After construction, species with a high or moderate rating on Cal-IPC’s California Invasive Plant Inventory, including any Cal-IPC-listed species of ice plant, shall not be planted in any revegetated areas.

DEIR/EA pg. 3-54
Construction Contractor
Plant species with high or moderate rating on Cal-IPC’s California Post Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and City of Santa Monica
25 Pier Bridge Replacement Project Mitigation Monitoring and Reporting Program May 2023 Category Measure Source Responsible Party Action to Comply Phase Invasive Plant Inventory, including any Cal-IPC-listed
species of ice plant, shall not be planted in any revegetated areas Cultural Resources
100% Project walk-through: conduct post-construction inspection to determine if the requirements of the Pier Sign Preservation Plan were met; identify challenges and accomplishments; and include updated photographs of the Pier Sign to file with SHPO and the City Finding of No Adverse Effect pg. 7-3
City of Santa Monica Project Manager, Construction Contractor, Caltrans Architectural Historian PQS Conduct 100% Project walkthrough
Post Construction

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Adopted and approved this 1th day of June 2023.

Gleam Davis, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11529 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 1th day of June 2023, by the following vote:

AYES: Councilmembers Torosis, Brock, Parra, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember de la Torre
ATTEST:

Denise Anderson-Warren, City Clerk

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Attachment: EIR/EA Addendum No. 1 [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 200 SANTA MONICA PIER, SUITE A, SANTA MONICA, CA 90401
1 August 12, 2025
Mayor Lana Negrete
Members of the Santa Monica City Council
City Manager Oliver Chi
Santa Monica City Hall
1685 Main Street
Santa Monica, CA 90401
Re: Support of Public Works Department’s Plans for the Pier Bridge Reconstruction Project Dear Honorable Mayor Negrete, Members of the City Council and City Manager Chi:

On behalf of the Santa Monica Pier Corporation, we are writing to express the Corporation’s support for the Public Works Department’s proposal for the reconstruction of the Santa Monica Pier Bridge.

At our Regular Santa Monica Pier Corporation Board Meeting on July 21, 2025, our board received the final update from City Staff before the project plans are to be presented at the September 9, 2025, Santa Monica City Council Meeting for adoption and award of a construction contract. The Pier Corporation’s Board of Directors voted to convey its support for the Pier Bridge Replacement Project as presented and for the project to move into the construction phase.

The Pier Corporation has been regularly kept up to date by City Staff on the development of the Pier Bridge Replacement Project for the past several years. This past year we’ve convened with staff and community stakeholders for bi-monthly meetings of the Pier Bridge Replacement Project Task Force, and we have received frequent presentations and updates at our regular public board meetings. Additionally, City Staff has conducted outreach at many of our free public events including our monthly Locals’ Nights and the Pier 360 Beach Festival.

As the project moves into construction, we look forward to continuing to partner with City Staff and our stakeholders to ensure the public can continue to access the Pier and enjoy all it has to offer.

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Attachment: SMPC Pier Bridge Construction Support Letter [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for 200 SANTA MONICA PIER, SUITE A, SANTA MONICA, CA 90401
2 Sincerely,
Carter Rubin
Chair, Board of Directors
Jim Harris
Executive Director

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Attachment: SMPC Pier Bridge Construction Support Letter [Revision 1] (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a "public benefit." If the "public benefit" is sought by an entity, rather than an individual person, the informationincludes the name of every person who is: (a) trustee, (b) director, (c) partner, (d)officer, or has (e) more than a ten percent interest in the entity.Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax "abatement, exception, or benefit" of a value in excess of $5,000 in any 12- month period; or

7. Payment of "cash or specie" of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Shimmick Construction Company, Inc.

Name(s) of trustees, directors, partners, and officers:See Attached Name(s) of persons with more than a 10% equity, participation, or revenue interest:None - Shimmick Corporation (sole shareholder of Shimmick ConstructionCompany, Inc. Shimmick Corporation is a publicly traded company. No individual holds more than a 10% direct interest in Shimmick Construction Company, Inc.).

Prepared by: Jimmy draPer Title: vice PresidentSignature:. ^ Date: July 15,2025
T^
^P^QJI [email protected] Phone: <949) 704-2334 Ext- 2334 FOR CITY USE ONLY:Bid/PO/Contract# Permit #.

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Attachment: Shimmick_Oaks_Initiative_Disclosure_Form (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge Names of Directors/Officers;
Name Title
N'litchell Goldsteen Director
Chairman of the Board and Class B
Ural M. Yal Director (Class A)ToddW.Yoder Director (Class A) UralM.Yal Chief Executive Officer and PresidentToddWYoder Executive \'ice President, Chief Fmancial Officer, and Treasurer
John P. Carpenter Executive \'ice President, Chief Legal Officer, General Counsel and Secret^
James Draper \Tice President

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Attachment: Shimmick_Oaks_Initiative_Disclosure_Form (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge City of Santa
Monica

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The LevineAct prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision,from a party or participant to the proceeding, or their agent.Section 84308(a)(4) of the LevineAct defines an "Officer" as follows: "Officer" means any electedor appointed officer of an agency, any alternate to an elected or appointed officer of an agency,and any candidate for elective office in an agency. The term "Officer" is further defined 2 Cal.Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit,or entitlement for use proceeding, or who exercise authority or budgetary control over theagency or officers who may do so, and:(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the solecandidate for the position; (2) Serve as a member of a board or commission;(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license,permit, or other entitlement for use and is also a candidate for elected office or has beena candidate for elective office in the 12 months prior to the proceeding.

Date(s) of Contribution(s):

Amount(s)
Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

City of Santa Monica LevineAct Disclosure Form

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Attachment: Shimmick_Levine_Act_Disclosure_Form_2025_2-26-25 (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the City of Santa
Monica
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does,however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following theapproval, renewal, or extension of the requested contract, license, permit, orentitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE^QREGOING IS TRUE AND CORRECT.

Signed
Print ./Jimmy Draper
€-
Date: 07/15/2025
-p^lg; Vice Principal
Company: Shimmick Construction Company, Inc.

Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

City of Santa Monica LevineAct Disclosure Form

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Attachment: Shimmick_Levine_Act_Disclosure_Form_2025_2-26-25 (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the City of Santa
Monica

SANTA MONICA CITY ATTORNEY'S OFFICE
TO: Public
FROM: City Attorney's Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing "pay to play" practices by prohibiting parties, participants, and their agents in a proceedinginvolving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City withinthe preceding 12 months. The Disclosure Form is intended to assist City officials withrecognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exceptionof labor contracts, personal employment contracts, and contracts that must be awardedto the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:

Building and development permits
Conditional use permits
Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, leaseo Contract amendments o Settlement agreementso Contracts for goods, sen/ices, professional services that are not awarded pursuant to a competitive process
Public street abandonmentsPrivate development plans
Professional license revocations
Rezoning of specific real estate parcels
Event permitsRulemaking procedures affecting a particular industry where only a small number of businesses are affected
Special district formation proceedings involving the creation of a special use orbenefit to the person in the districtTentative subdivision and parcel maps

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Attachment: Shimmick_Levine_Act_Disclosure_Form_2025_2-26-25 (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the

Page 2 ends

Zoning variancesVacation of a public easement across private propertyPre-applications, such as for General Plan Amendment, considered by thelegislative body prior to filing of formal applicationContracts entered under the City Manager's Authority Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:

Contracts under $50,000
Contracts where no party receives financial compensation Contracts between two or more public agenciesCompetitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
Purely ministerial decisions
General policy decisions or rules where the interests affected are many and diverse
Ordinances and resolutions (except items like development agreements adopted by ordinance)Ballot measuresDepartmental policies
Council rulesLabor contracts and project labor agreementsPersonal employment contracts Allocation of resources in the City budget

2. Who is required to disclose?
A "party" to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City's discretionary approval, willqualify as a party.

Parties are also required to disclose contributions by their agents. An "agent" is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered "agents."A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?A party must disclose campaign contributions over $250 made in the prior twelve months.A "contribution" is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

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Attachment: Shimmick_Levine_Act_Disclosure_Form_2025_2-26-25 (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Page3
other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?An "officer" is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. Thisincludes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been acandidate in the twelve months prior to the decision. This definition is included on theDisclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or thatparty's agent) at the time the party submits a response to a Request for Proposal or othercompetitive solicitation, enters into contract negotiations with the City, or executes acontract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the samecontract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the bodywho enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency,the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC's website at https://www.fppc.ca.Qov/learn/Dav-to-plav-limits-and-prohibitions.html

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Attachment: Shimmick_Levine_Act_Disclosure_Form_2025_2-26-25 (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. ✔

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Attachment: Bureau Veritas_Levine_Act (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge Replacement City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

June 16, 2025
Steven McMahon Vice President, Prescience
Bureau Veritas North America, Inc.

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Packet Pg. 100 Attachment: Bureau Veritas_Levine_Act (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge Replacement

CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Steven McMahon Vice President, Prescience
steven.mcmahon@bureauveritas. com
June 16, 2025
562.477.6904
Bureau Veritas North America, Inc.

Officers: Hilaire Fournier, Chief Financial Officer; Shawn Till, Chief Executive Officer; Heather B. Bush, Secretary; Additional Officers: Alan Sikarskie, Sr. Vice President; Craig Baptiste, Vice President; Gus Guerroro, Vice President; Jay Dilley, Vice President; Board of Directors: Christine Anglade, Director; Jean-Francois Palus, Director; Julie Avrane, Director; Aldo Cardoso, Chairmain Bureau Veritas North America, Inc. is a private company, not a publicly traded one.

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Packet Pg. 101 Attachment: Bureau Veritas Oaks_Initiative_Disclosure_Form (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier DESIGN CONSULTANT AGREEMENT NO. 11361 (CCS)
by and between
the City of Santa Monica
and
Dokken Engineering, Inc.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 102 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 2 DESIGN CONSULTANT AGREEMENT

TABLE OF CONTENTS
DESIGN CONSULTANT AGREEMENT ...................................................................................................... 3 ARTICLE 1 - GENERAL PROVISIONS .................................................................................................... 3 ARTICLE 2 - BASIC SERVICES ............................................................................................................... 8 ARTICLE 3 - ADDITIONAL SERVICES ..................................................................................................19 ARTICLE 4 - CITY RIGHTS AND RESPONSIBILITIES..........................................................................19 ARTICLE 5 - COMPENSATION..............................................................................................................20 ARTICLE 6 - PAYMENTS .......................................................................................................................22 ARTICLE 7 - THE DESIGN CONSULTANT’S BOOKS AND RECORDS................................................23 ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS......................................................................23 ARTICLE 9 - TERMINATION OF AGREEMENT.....................................................................................24 ARTICLE 10 - INDEMNIFICATION AND INSURANCE ..........................................................................25 ARTICLE 11 - DISPUTE RESOLUTION .................................................................................................26 ARTICLE 12 - NON-DISCRIMINATION..................................................................................................28 ARTICLE 13 - NOTICES.........................................................................................................................28 ARTICLE 14 - GOVERNING LAW ..........................................................................................................29 ARTICLE 15 - FEDERAL GRANTS.........................................................................................................29 APPENDIX A...........................................................................................................................................41 APPENDIX E...........................................................................................................................................42 ARTICLE 16 - WAIVER...........................................................................................................................43 ARTICLE 17 - NO THIRD PARTIES........................................................................................................43 ARTICLE 18 - EXTENT OF AGREEMENT .............................................................................................43 ARTICLE 19 - SEVERABILITY ...............................................................................................................43 ARTICLE 20 - SUCCESSORS AND ASSIGNS ......................................................................................43 ARTICLE 21 - CONFIDENTIALITY.........................................................................................................43 ARTICLE 22 - EXHIBITS.........................................................................................................................43 ARTICLE 23 – EXECUTION IN COUNTERPARTS................................................................................44 DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 103 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 3 DESIGN CONSULTANT AGREEMENT
By and Between the

CITY OF SANTA MONICA
and
Dokken Engineering, Inc.

This DESIGN CONSULTANT AGREEMENT (“Agreement”) is entered into on _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation, located at 1685 Main Street, Santa Monica, California, and Dokken Engineering, Inc., a California corporation, located at 110 Blue Ravine Road, Suite 200, Folsom, CA 95630, for professional services on the following Project: Pier Bridge Replacement Project (“Project”).

ARTICLE 1 - GENERAL PROVISIONS

1.1 DEFINITIONS

1.1.1 ADDENDUM, ADDENDA. Written or graphic information (including, without limitation, Drawings or Special Provisions and Technical Specifications) prepared and issued by the City Engineer prior to the receipt of the Contractor’s Bid, which modify or interpret the Bid Documents by additions, deletions, clarifications or corrections.

1.1.2 ADDITIONAL SERVICES. Services listed in Article 3 (Additional Services) of this Agreement that are requested or Approved by the City in writing prior to their being performed by the Design Consultant and that do not arise, in whole or in part, from the fault, negligence or breach of this Agreement by the Design Consultant or from the occurrence of any error, omission, conflict, ambiguity or violation of Applicable Code Requirements in the Construction Documents prepared by the Design Consultant or its Consultants.

1.1.3 AGREEMENT. This Professional Services Agreement By and Between the City and the Design Consultant.

1.1.4 APPLICABLE CODE REQUIREMENTS. All applicable federal, state and municipal laws, statutes, building codes, ordinances and regulations of governmental authorities having jurisdiction over the Project, Work, Site, Design Consultant, or the City.

1.1.5 APPLICATION FOR PAYMENT. An itemized application for payment prepared and submitted by the Design Consultant for review and Approval by the City, which is prepared, submitted, and accompanied by supporting documentation in accordance with this Agreement.

1.1.6 APPROVAL, APPROVE, APPROVED, CONSENT. Whether capitalized or not capitalized, shall mean, unless otherwise stated, either an express approval contained in a written statement signed by the approving individual or entity or deemed approved in accordance with the terms, conditions and procedures set forth in this Agreement. All such approvals by or on behalf of the City may be granted or withheld in the sole discretion of the City.

1.1.7 AUTHORIZATION TO PROCEED. The City’s issuance of a writing, including but not limited to signature on the Plans, authorizing the Design Consultant to proceed with each phase of the Agreement.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 7/19/2023

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Packet Pg. 104 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 4 1.1.8 BASIC SERVICES. Those services to be provided by the Design Consultant pursuant to Article 2 (Basic Services) of this Agreement.

1.1.9 BID PHASE. The Phase of the Design Consultant’s Basic Services described in Section

2.5 (Bid Phase) of this Agreement.

1.1.10 CHANGE ORDER. A written instrument signed by the City, or by the City and the Contractor, describing a deletion, addition or change to the Work of the Contractor.

1.1.11 CITY. The City of Santa Monica, a municipal corporation.

1.1.12 CITY ARCHITECT OR CITY ENGINEER. The City Architect or City Engineer of the City of Santa Monica, or designee.

1.1.13 CLAIM. A written demand or assertion by the City or the Design Consultant seeking adjustment of the compensation hereunder, extension of time, payment of money, recovery of damages, resolution of a disputed interpretation of this Agreement or the Contract Documents or other relief. A claim does not include the following, and the procedures for processing of claims do not apply to the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency.
(ii) Tort claims for personal injury or death.
(iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by the City after Final Payment by the City to the Contractor.
(v) Stop notices.
(vi) The right of the City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents.

1.1.14 CONSTRUCTION BUDGET. Reserved

1.1.15 CONSTRUCTION CONTRACT. The written contract executed between the City and the Contractor for construction of the Project designed by the Design Consultant.

1.1.16 CONSTRUCTION COSTS. The total costs to construct those elements of the Project designed or specified by the Design Consultant. Construction Costs do not include any of the following:
(i) The cost of professional services to be rendered by the Design Consultant, Consultants or the Construction Manager.
(ii) Land acquisition costs.
(iii) Finance costs.
(iv) The City’s administrative costs.

1.1.17 CONSTRUCTION DOCUMENTS. The Drawings, Special Provisions and Technical Specifications, and blank bid form for use in construction prepared by the Design Consultant for the City’s approval. Construction Documents also include all bidding addenda, plans, tracings, programs, reports, calculations, models and other material containing designs, specifications or engineering information prepared by the Design Consultant (or its Consultants) including, without limitation, computer aided design materials, electronic and BIM data files, files and paper copies.

1.1.18 CONSTRUCTION DOCUMENTS PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.4 (Construction Documents Phase) of this Agreement.

1.1.19 CONSTRUCTION MANAGER. The individual, partnership, corporation, joint venture or other legal entity under contract with the City to perform construction management services for the Project. The term “Construction Manager” means Construction Manager or DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 105 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 5 Construction Manager’s authorized representative. In the event there is no Construction Manager assigned to the Project, the Construction Manager shall mean the City.

1.1.20 CONSTRUCTION PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.6 (Construction Phase) of this Agreement.

1.1.21 CONSULTANTS. The design professionals, of any Tier, retained by the Design Consultant or the City to perform any portion of the services required by this Agreement.

1.1.22 CONTRACTOR. The individual or firm under contract with the City to serve as the General Contractor for construction of the Project. The term “Contractor” means the Contractor or the Contractor’s authorized representative.

1.1.23 CONTRACT DOCUMENTS. The following collection of documents are designated as the contract documents:
(i) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and PreQualification Checklist (if applicable). (ii) Executed Construction Contract between the City and the Contractor. (iii) Notice Inviting Bids.
(iv) Instructions to Bidders.
(v) Bidding Addenda.
(vi) Contractor’s Bid.
(vii) General Conditions
(viii) Special Provisions and Technical Specifications. (ix) Payment and Performance Bonds.
(x) Insurance Forms.
(xi) Plans and Drawings.
(xii) Reports listed in the Bidding Documents.
(xiii) Supplements, Attachments, Modifications and Exhibits attached to the above items.
(xiv) Change Orders.
(xv) Field Orders.

1.1.24 CONTRACT SUM. The total amount of compensation stated in the Construction Contract that is payable to the Contractor for the performance of the Work in accordance with the Contract Documents.

1.1.25 CONTRACT TIME. The total number of Days set forth in the Construction Contract within which Final Completion of the Work must be achieved by the Contractor, including Approved extensions of time permitted under the terms of the Contract Documents.

1.1.26 COORDINATION. Whether capitalized or not, refers to the process of ensuring that all parts of the documents prepared by the Design Consultant or its Consultants are consistent and in conformance with each and all other parts.

1.1.27 COST NOT TO EXCEED. The maximum amount of compensation payable by the City pursuant to Article 2 (Basic Services) for Basic Services performed in accordance with this Agreement.

1.1.28 DAY. Whether capitalized or not, unless otherwise specifically provided, means calendar day, including weekends and legal holidays.

1.1.29 DEFECTIVE WORK. Work by the Contractor that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the Applicable Code Requirements, the Contract Documents, the directives of the City, or the requirements of any inspection, reference standard, test, code or Approval specified in the Contract Documents.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 106 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 6 1.1.30 DELAY. Whether capitalized or not, includes any circumstances involving disruption, hindrance, or interference in the performance of the Work.

1.1.31 DESIGN CONSULTANT. The individual or firm under contract with the City to provide design or engineering services for the Project and responsible for preparing the Contract Documents for the Project. The term “Design Consultant” means Design Consultant or Design Consultant’s authorized representative.

1.1.32 DESIGN CONSULTANT’S FEE. The fee payable by the City pursuant to Paragraph 5.1.1 (Design Consultant’s Fee) for performance by the Design Consultant of its Basic Services.

1.1.33 DESIGN DEVELOPMENT PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.3 (Design Development Phase) of this Agreement.

1.1.34 DRAWINGS. The graphic and pictorial portions of the Contract Documents prepared by the Design Consultant and/or its Consultants showing the design, location, and dimensions of the Work, generally including Plans, elevations, sections, details, schedules, and diagrams. The term “Drawings” may be used interchangeably with “Plans.”

1.1.35 ENR CONSTRUCTION COST INDEX. The current construction cost index as published in the Engineering News-Record by the McGraw-Hill Publishing Company or its successors.

1.1.36 ESTIMATED PROJECT CONSTRUCTION COST. The Design Consultant’s written estimates of the Construction Costs.

1.1.37 EXCLUDED DESIGN SERVICES. Not Used

1.1.38 FIELD ORDER. A written instrument signed by the City or Construction Manager that requests performance of Work in one of the following categories:
(i) Over which there is a dispute as to whether the Work is or is not Extra Work. (ii) Involving Extra Work which the City requests be performed without a unilateral Change Order adjustment to the Contract Sum or Contract Time and before all terms of an adjustment to the Contract Sum or Contract Time are fully agreed upon by the City and the Contractor.

1.1.39 FINAL COMPLETION. The point at which all of the following have been accomplished:
(i) Construction of the Project is completed to the satisfaction of the City in accordance with the Contract Documents, including minor corrective or completion items.
(ii) All requirements of the Contract Documents entitling the Contractor to Final Payment shall have been performed by the Contractor (including without limitation delivery of all warranties and guarantees, equipment operation and maintenance manuals, Record Documents and schedules, and certificates required prior to occupancy).
(iii) All Approvals and acceptances shall have been made pursuant to Applicable Code Requirements.
(iv) All rubbish, tools, scaffolding and surplus materials and equipment shall have been removed from the Site.

1.1.40 GENERAL CONDITIONS. That portion of the Contract Documents between the City and its Contractor (titled, “General Conditions”) setting forth the general terms and conditions for construction of the Project.

1.1.41 INTEREST RATE. The lesser of the “prime rate” reported in the Wall Street Journal from time to time or the maximum rate permitted by law.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 107 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 7 1.1.42 LOSSES: Any and all losses, costs, liabilities, Claims, damages, actions, judgments, settlements, expenses, attorneys’ fees, fines and penalties.

1.1.43 MODIFICATION: Modification of Agreement: An amendment, change, or alteration of any of the terms or conditions of the Agreement memorialized in writing and executed by the parties.

1.1.44 PERIOD OF INACTIVITY: Any period of time that the Design Consultant is not actively furnishing services to the City under this Agreement, including without limitation any period of time in which the Project has been suspended or abandoned or the Design Consultant’s services have been suspended by the City.

1.1.45 PHASE(S). The phases of services comprising the Design Consultant’s Basic Services as set forth in Article 2 (Basic Services) of this Agreement.

1.1.46 PLANS. The graphic and pictorial portions of the Contract Documents prepared by the Design Consultant and/or its Consultants showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

The term “Plans” may be used interchangeably with “Drawings.”

1.1.47 PROJECT. The Work described generally on the first page of this Agreement.

1.1.48 PROJECT ARCHITECT OR ENGINEER. The individual assigned by the Design Consultant pursuant to Paragraph 2.1.5.3 of this Agreement to be in charge of the Project on behalf of the Design Consultant.

1.1.49 PROJECT PROGRAM. The City-approved written statement of the City’s design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems, Site requirements, and performance criteria.

1.1.50 PROJECT SCHEDULE. The schedule attached here to as Exhibit “C” showing Project milestones, funding, design, design review, construction, and other deadlines applicable to the Project.

1.1.51 RECORD DOCUMENTS. The as-built documents showing the condition of the Work as actually built, including, without limitation, the locations of mechanical, electrical, plumbing, HVAC or similar portions of the Work that are shown diagrammatically in the Contract Documents Approved by the City. These documents are maintained by the Contractor on the Site and delivered, along with an electronic version of the documents, to the City upon Final Completion.

1.1.52 REIMBURSABLE EXPENSES. Those expenses that are reimbursable to the Design Consultant by the City as provided in Section 5.2 (Reimbursable Expenses) of this Agreement.

1.1.53 REVIEW AGENCIES. Any and all governmental agencies and departments (including but not limited to the Coastal Commission, State Energy Commission, and the MTA) having jurisdiction to review and Approve/reject the Contract Documents or the Work based on compliance/non-compliance with Applicable Code Requirements.

1.1.54 SCHEMATIC DESIGN PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.2 (Schematic Design Phase) of this Agreement.

1.1.55 SEPARATE CONTRACTOR. A person or firm, other than the Contractor, under separate contract with the City or other entity to perform construction at the Site or supply materials or equipment to the Project.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 108 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 8 1.1.56 SITE: The physical site located within the City of Santa Monica where the Project is to be constructed, including all adjacent areas for staging, storage, parking and temporary offices.

1.1.57 SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS. The portion of the Contract Documents consisting of the written requirements for materials, equipment, standards, skill, quality for the Work, and performance of related services. These provisions may also contain amendments, deletions, or additions to the General Conditions.

1.1.58 SUBCONTRACTOR: A person or firm that has a contract with a Contractor to perform a portion of the Work. The term “Subcontractor” includes suppliers and vendors and is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.

1.1.59 SUB-SUBCONTRACTOR: A person or firm that has a contract with a Subcontractor to perform a portion of the Work. The term “Sub-subcontractor” includes suppliers and vendors and is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.

1.1.60 SUBMITTALS. All shop drawings, samples, exemplars, product data and other Submittals required to be submitted by the Contractor under the Contract Documents.

1.1.61 SUBSTANTIAL COMPLETION, SUBSTANTIALLY COMPLETE. The point at which the Work is sufficiently complete, as determined by the City for its intended purpose, and the Contractor has fulfilled its obligations under the Contract Documents as determined by the City, except for minor punchlist items which do not impair the City’s ability to so occupy and utilize the Project.

1.1.62 TIER. The contractual level of a Consultant with respect to the Design Consultant or a Subcontractor with respect to the Contractor. For example, a “first-tier” Subcontractor is under contract with the Contractor. A Sub-subcontractor under subcontract with a first-tier Subcontractor is in the “second tier,” and so on.

1.1.63 WARRANTY INSPECTION PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.7 (Warranty Inspection Phase) of this Agreement.

1.1.64 WORK. All labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for by the Contractor to perform its obligations and complete the Project, including without limitation any changes or additions requested by the City, in accordance with the Contract Documents and all Applicable Code Requirements.

ARTICLE 2 - BASIC SERVICES

2.1 GENERAL

2.1.1 Standard of Care. All services performed in connection with this Agreement shall be performed in a manner consistent with the standard of care under California law applicable to design professionals who specialize in providing such services for projects of the type, scope, and complexity of the Project.

2.1.2 Fiduciary Relations
hip. The Design Consultant acknowledges the relationship of trust and confidence between it and the City, and agrees to provide, in its capacity as a fiduciary to the City, professional services in a manner consistent with the City’s economic and governmental best interests.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 109 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 9 2.1.3 Agreement Duration. This Agreement begins on the Execution Date and terminates five (5) years after the Execution Date (“Expiration Date”), unless sooner terminated or extended in accordance with the provisions of this Agreement. In the event of delays in the performance of the services beyond the control of the Design Consultant, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date, and must be issued prior to Expiration Date of the Agreement.”

2.1.4 Scope of Basic Services. The Design Consultant’s Basic Services shall be conclusively presumed to include any and all professional services within the general scope of the services, identified on Exhibit “A”, as well as those that are reasonably required to achieve the Project Program or are of the type customarily performed by architects or engineers, whether or not such services are expressly listed in this Agreement.

2.1.5 Key Personnel.

2.1.5.1. The services to be provided by the Design Consultant under this Agreement shall be performed by the persons whose names and functions are set forth on Exhibit “D” hereto. The furnishing of services by these individuals, and any individuals Approved by the City to replace them, is of the essence to this Agreement. If any persons identified on Exhibit “D” cease employment with the Design Consultant, then the Design Consultant shall promptly substitute a person Approved by the City of at least equal qualifications to perform the same functions, which Approval may be granted or withheld in the City’s sole discretion. If the City is dissatisfied with the services rendered by any person whose name is set forth on Exhibit “D” (or by any replacement therefore or addition thereto Approved by the City), or by any other person performing services for the Project, the Design Consultant shall promptly substitute a different person reasonably acceptable to the City of at least equal qualifications to perform the same function. The Design Consultant shall not remove, substitute or reduce the level of effort if any of the personnel described in Exhibit “D” (or any replacements thereof or additions thereto) from the Project without the City’s prior written Approval, which may be granted or withheld in the City’s sole discretion. All persons working for the Design Consultant who are not Consultants shall be the employees of the Design Consultant and not of the City.

The Design Consultant shall be solely responsible for any workers’ compensation obligations, withholding taxes, unemployment insurance and any other employer obligations with respect to employees working for the Design Consultant.

2.1.5.2 In the event the Design Consultant ceases its business operations altogether or shall be in default under this Agreement, the City shall have the right, but not the obligation, without liability or obligation to the Design Consultant or any other person or entity, to directly engage the services of or employ any of the following:
(i) Any of the individuals identified on Exhibit “D”.
(ii) Any replacements for such individuals.
(iii) Any other persons performing any of the services to be provided by the Design Consultant under this Agreement.

In the event that, during the term of this Agreement, the Design Consultant shall learn that any of the persons described in clauses (i), (ii) or (iii), above, will be leaving the employ of the Design Consultant, the Design Consultant shall promptly notify the City and the City shall have the rights described in this Paragraph 2.1.5.2 to directly employ or engage the services of such persons (in which event, compensation for Basic Services set forth in Section 5.1 [Basic Services Compensation] of this Agreement shall be equitably reduced to reflect the elimination from the scope of services to be performed by the Design Consultant DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 110 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 10 the services that such persons will perform directly by the City). Nothing contained in this Paragraph 2.1.5.2 shall be deemed to create any obligation or liability of the City to the Design Consultant with respect to the employment or engagement of services of any persons under situations not described in this Paragraph 2.1.5.2.

2.1.5.3 A staff member identified by the Design Consultant firm as the Project Architect or Engineer shall be Approved by the City. So long as the Project Architect or Engineer performs in a manner acceptable to the City and remains in the Design Consultant’s employ, the Project Architect or Engineer shall remain in charge of all services required under this Agreement, shall attend design-related meetings for the Project, and shall not be replaced or have his/her level of effort reduced without written Approval by the City, which Approval may be granted or withheld in the City’s sole discretion. The Project Architect or Engineer shall, if requested by the City, be replaced with another individual satisfactory to and Approved by the City.

The City-approved Project Architect or Engineer shall be the person named below:

Tim Osterkamp, P.E.

2.1.5.4 The following individual(s), or their Approved replacement, named below shall attend design-related meetings as requested by the City:

Tim Osterkamp, P.E.

2.1.5.5 Recognizing the necessity of a close working relationship with the City, the Design Consultant’s principals and employees shall furnish the best skill, efforts, and judgment of its organization in the performance of the duties and responsibilities under this Agreement, subject at all times to the City’s discretion, and to provide their knowledge, ideas, experience and abilities relating to the design and construction of the Project.

2.1.6 Consultants.

2.1.6.1 The Design Consultant may employ, with the City’s prior written Approval not to be unreasonably withheld, at no additional cost to the City beyond the Basic Services compensation set forth in Section 5.1 (Basic Services Compensation) of this Agreement, Consultants to assist it in the performance of its Basic Services under this Agreement. References in this Agreement to such Consultant shall mean Consultants, of every Tier, employed, directly or indirectly, by the Design Consultant to perform the services required by this Agreement. The Design Consultant’s Consultants shall be retained by written agreements which obligate such Consultant to be bound by the obligations assumed by the Design Consultant under this Agreement, including without limitation the obligation to indemnify and defend the City and provide professional liability and general liability insurance coverage. All contracts between the Design Consultant and its Consultants shall be submitted to the City for review prior to execution and prior to the Consultant performing any services for the Project. Consultants providing Basic Services who have already been Approved by the City as of the date of this Agreement are named below:

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 111 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 11 Discipline Consultant Name
Public Outreach and Photography/Videography Arellano Associates, LLC Structure Design Support Burne Engineering Services, Inc.

Coastal Commission Permitting Dudek
Geotechnical Engineering Earth Mechanics, Inc.

Hazardous Waste Testing Geocon West, Inc.

Survey / Mapping and Utility LIDAR and potholing Guida Surveying, Inc.

Historic Preservation ICF, Inc.

Landscape Architecture Moore Iacofano Goltsman (MIG, Inc.) Mechanical, Electrical, Plumbing and Fire Protection P2S Constructability Review UNICO Engineering, Inc.

Oceanography GHD, Inc.

Tunnel Structure Design Support Mott MacDonald
CCC Permit Support – Parking study Walker Consultants

2.1.6.2 The Design Consultant shall be responsible for the professional quality, technical accuracy and the Coordination of all applicable Contract Documents prepared by the Design Consultant and its Consultants, including without limitation all Drawings, Special Provisions and Technical Specifications, designs, reports, recommendations, testing and other services furnished under this Agreement and shall, as part of its Basic Services and without additional compensation or reimbursement by the City, correct or revise any errors, omissions, conflicts, ambiguities or deficiencies in the Contract Documents.

2.1.6.3 Nothing in this Agreement shall create any contractual relationship between the City and any Consultants retained by the Design Consultant under the terms of this Agreement. The Design Consultant is as responsible for the performance of services by its Consultants as it would be if it had rendered these services itself.

The Design Consultant is not responsible for consultants or others separately employed by the City; however, the Design Consultant is responsible to coordinate the services provided by the Design Consultant and its Consultants with the services and documents of such consultants or others separately employed by the City. The terms and form of agreement to be used between the Design Consultant and its Consultants shall be consistent with the terms of this Agreement.

2.1.6.4 In the performance of its services the Design Consultant shall abide by and ensure that its and its Consultants’ Drawings, Specifications, and other documents conform to all Applicable Code Requirements.

2.1.7 Cooperation with the Construction Manager. The Design Consultant shall cooperate with other professionals including, without limitation, the Construction Manager or any other Construction or Project Manager the City may employ for the Project.

2.1.8 Consultation with the City, Review Agencies. To the extent required by the City, the Design Consultant shall consult with authorized employees, agents, and representatives of the City and, in conjunction with the City, the Design Consultant shall consult with representatives of the Review Agencies relative to the design and construction of the Project.

2.1.9 Site Background Data. Subject to Paragraph 4.2.5 (City Liability) of this Agreement, the Design Consultant shall review all surveys; seismic data; mechanical, geotechnical, and other test reports; environmental documents; and any other documentation furnished or DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 112 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 12 made available by the City. From an examination of the Site and a review of available information, the Design Consultant shall determine whether such data are sufficient for purposes of design or whether additional data are needed and, if so, recommend the manner in which such data and any needed services be obtained. The Design Consultant shall evaluate, or cause its Consultants to evaluate, all soils data, design recommendations and other soil-related construction inspection reports provided by any soils consultants or soils testing agencies retained by the City or the Design Consultant, to determine the adequacy and suitability of such data and recommendations for purposes of foundation design and construction. The Design Consultant shall also cause its Consultants to visit the Site both:
(i) Before and during design as part of the evaluation of soil data and foundation design recommendations and
(ii) During the construction of subsurface components of the Project.

Visitation of the Site such be at such frequency and for such duration as is appropriate because of the progress and nature of such construction to determine the acceptability of such construction and its consistency with the intent of the design as expressed in the Contract Documents and with any directives of the Design Consultant or its Consultants.

2.1.10 Acceptance Not a Waiver. Review, Approval, acceptance, or payment for the Design Consultant’s services, whether by the City or others and whether during the Schematic Design Phase, Design Development Phase, Construction Documents Phase, Bid Phase, Construction Phase, Warranty Inspection Phase, or otherwise, shall not relieve the Design Consultant from its sole responsibility for errors and omissions in services provided by the Design Consultant or its Consultants.

2.1.11 Coordination. Periodically throughout the duration of the Project or as necessary as determined by the City, the Design Consultant shall meet with the City for the purpose of doing all of the following:
(i) Analyzing coordination between programming and design activities. (ii) Implementing Project Program components.
(iii) Evaluating the responsiveness of design to the Project Program and the City’s objectives.
(iv) Coordinating the design with the Project and other City construction and ongoing operations.
(v) Coordinating the design and construction activities. (vi) Coordinating the design with plant operations for utility tie-in and shutdowns.

2.1.12 Attendance at Meetings. The Design Consultant and Consultants shall attend all meetings determined by the City as reasonably necessary to resolve Project issues during the Design Phases of the Project (Schematic Design Phase, Design Development Phase, and Construction Documents Phase).

2.1.13 Notice of Objections. The Design Consultant shall give the City immediate written notice within three (3) Days if, at any time during performance of this Agreement, the Design Consultant objects to any decision or action by the City on the basis that it is in conflict with any advice or recommendation of the Design Consultant. Failure to provide such immediate notice shall be deemed to be the Design Consultant’s Approval of such decision or action as being consistent with the Design Consultant’s recommendations.

2.1.14 Construction Budgets. Reserved

2.1.15 Licensing. All design and engineering services shall be performed by Architects and Engineers, and other professionals as appropriate, duly licensed in their respective fields of specialization by the appropriate agencies of the State of California.

2.1.16 Written Authorization by the City. Each Phase of Basic Services shall be subject to a DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 113 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 13 separate Authorization to Proceed to be issued by the City. The Design Consultant shall immediately commence services on each Phase upon issuance by the City of a written Authorization to Proceed. Services on a Phase shall be based on documents, if any, from the prior Phase Approved by the City in writing, any written directives by the City with respect thereto, and any adjustments authorized by the City in the Project Program.

Approval by the City of documents prepared by the Design Consultant in any Phase shall not be construed as Approval of any change, addition or deletion to the Project Program unless the Design Consultant submits to the City written notice, prior to such Approval, informing the City of the specific change, addition, or deletion and the effect thereof on the project budget.

2.1.17 Authority of the Design Consultant. The Design Consultant’s authority to act on behalf of the City is limited to its scope of authority set forth in this Agreement. Notwithstanding anything else stated in this Agreement or the Contract Documents, the Design Consultant does not have the express or implied authority to obligate the City to any expenditure of money or extension of contractual time periods, including without limitation any adjustment to the price or time of performance on the Construction Contract.

2.1.18 Independent Design Review. All Construction Documents prepared during the Schematic, Design Development, Construction Documents or Construction Phases are subject to independent reviews, as defined in Section 2.8 (Independent Reviews) of this Agreement.

2.1.19 Time of the Essence. All time limits set forth in this Agreement are of the essence to this Agreement.

2.2 SCHEMATIC DESIGN PHASE (NOT INCLUDED)

2.2.1 Project Program. Not Included

2.2.2 Applicable Code Requirements. Not Included

2.2.3 Alternate Approaches. Not Included

2.2.4 Schematic Studies. Not Included

2.2.5 Estimated Project Construction Cost. Not Included

2.3 PRELIMINARY DESIGN PHASE

2.3.1 Design Development Documents. Upon the City’s Authorization to Proceed Design Consultant shall prepare, for Approval by the City, Preliminary Design Phase documents consisting of Drawings, technical specifications, and estimates, as described in Exhibit “A”.

Preliminary Design Phase documents are also referred to as 35% PS&E. The Design Consultant shall incorporate into the Preliminary Design Phase documents architectural, structural, mechanical, and electrical systems, materials, and such other elements and other systems appropriate to the Project.

2.3.2 Systems Criteria. Reserved

2.3.3 Estimated Project Construction Cost. The Design Consultant shall submit a preliminary written Estimated Project Construction Cost based on the documents submitted and Approved by the City in this Phase.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 114 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 14 2.4 FINAL DESIGN PHASE

2.4.1 Construction Documents. Upon the City’s Authorization to Proceed and based on Design Development Phase documents Approved in writing by the City and any written adjustments in the scope or quality of the Project, the Design Consultant shall prepare, for Approval by the City, Construction Documents setting forth in detail the requirements for the construction of the Project. Construction Documents begin at 65% PS&E and include all submittals following it. The Construction Documents shall describe the quality, configuration, size and relationships of all components to be incorporated into the Project.

The Construction Documents shall be consistent with the Project Program, and the Project Schedule. The Construction Documents shall, where applicable, use the same terms as defined in the General Conditions.

2.4.2 City Review. The Design Consultant shall submit Construction Documents to the City for review and Approval, as specified within Exhibit “A” Scope of Services. Such submittal shall be in electronic format if requested, and shall include the following:
(i) Copies of each of the Construction Documents.
(ii) Calculations as required by the City or other Review Agencies for the structural, HVAC, electrical, plumbing, communications.
(iii) Other specialized building system calculations.

Unless directed otherwise in writing by the City, the Construction Document Phase shall not be considered 100% complete until all Approvals by the City and Review Agencies have been granted.

2.4.3 Content, Completeness. The Design Consultant shall be responsible for the content of all Construction Documents. All Construction Documents prepared or signed by the Design Consultant or its Consultants shall be complete, coordinated and contain directions as will:
(i) Enable a competent Contractor to carry them out.
(ii) Require a minimum of corrections by Review Agencies. (iii) Be sufficiently complete and free of conflicts so as to be capable of definitive pricing by the Contractor with a minimum of further clarifications or detailing of the Design Consultant or its Consultants.

2.4.4 Changes, Corrections. Submittals of Construction Documents shall either incorporate any changes or corrections required by the City or Review Agencies, or be accompanied by a written statement as to why such changes were not incorporated. The City may, in its sole discretion, reject the Design Consultant’s explanation and require the Design Consultant to make the changes or corrections to the Construction Documents as previously requested by the City. Such changes shall not constitute grounds for adjustment of the Project Schedule.

2.4.5 Final Approval. When all City and Review Agency required changes or corrections have been incorporated by the Design Consultant, the corrected 100% complete Construction Documents will be deemed to be final and ready for competitive bidding. The Design Consultant shall provide to the City one (1) electronic set, 2 sets of prints, and the 100% complete set of all remaining Construction Documents for the Project. The Drawings and Special Provisions and Technical Specifications shall also be submitted usb flash drive in a software language format acceptable to the City or made available to the City for download from an online shared website provided by the Consultant. Construction Documents submitted by the Design Consultant to the City for bidding purposes shall be signed and stamped by the Design Consultant and its Consultants responsible for preparing same.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 115 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 15 2.4.6 Estimated Project Construction Cost.

2.4.6.1 Upon 100% and final correction of the Construction Documents, the Design Consultant shall prepare and submit for the City’s Approval one (1) copy of the Design Consultant’s then-current Estimated Project Construction Cost.

2.5 BID PHASE

2.5.1 Pre-Qualification. If pre-qualification of bidders is required by the City, the Design Consultant shall recommend pre-qualification criteria and assist the City in the preparation of the pre-qualification documents. If requested by the City, the Design Consultant shall participate with the City in the evaluation of pre-qualification submittals.

2.5.2 Addenda, Clarifications. The Design Consultant shall provide document clarification for City review and Approval and shall assist the City in the preparation of Addenda.

2.5.3 Pre-Bid Conference. The Design Consultant, and its Consultants, as appropriate or as requested by the City, shall attend all scheduled pre-bid conferences and Site visits.

2.5.4 Bid Evaluations. The Design Consultant shall assist the City in the review and evaluation of Bids.

2.5.5 Budget; Revisions. Reserve

2.6 CONSTRUCTION PHASE

2.6.1 Duration. The Construction Phase will commence upon the City’s issuance of an Authorization to Proceed.

2.6.2 Administration. The Design Consultant’s responsibilities shall include, without limitation:
(i) Interpretation of the Contract Documents.
(ii) Periodic Site observations.
(iii) Review of Submittals.
(iv) Consult on Change Orders as required by the City.
(v) General consultation to the City on design matters. (vi) Administration of the Construction Contract as provided in the General Conditions.

2.6.3 Attendance at Meetings. The Design Consultant shall attend pre-construction and regular construction meetings with the Contractor, as directed by the City. Attendees shall be the Project Architect or Engineer, Consultants, the Contractor, the Construction Manager, and others as deemed necessary by the Design Consultant or the City. The regular construction meetings shall be scheduled to occur weekly. If, through no fault of the Design Consultant or its Consultants, the total number of regular construction meetings exceeds what is indicated in Exhibit “B” Budget , the Design Consultant shall be compensated for additional meetings in accordance with Section 5.3 (Additional Services Compensation). The Construction Manager shall prepare and distribute construction meeting notes.

2.6.4 Communications. The City will furnish the Design Consultant with copies of written City communications to the Contractor pertaining to design matters. If the Design Consultant disagrees with any design matter content in a City written communication to the Contractor, the Design Consultant has ten (10) days from receipt of the communication to specify the reason for that disagreement in written form to the City. If the Design Consultant does not so notify the City within the specified time limit, the Design Consultant shall be deemed to agree with the content of the City communication. The Design Consultant shall advise and consult with the Construction Manager and shall keep the Construction Manager informed of the observed progress of the Work. The Design Consultant shall abide by the DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 116 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 16 communication procedures and protocols established by the Construction Manager for the Project.

2.6.5 Requests for Information.

2.6.5.1 The Design Consultant shall:
(i) Render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents. (ii) Review and recommend any action to be taken regarding Submittals. (iii) Evaluate and advise the Construction Manager on the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents.
(iv) Recommend either Approval or rejection of the substitutions as being equal in quality, utility, and appearance.

2.6.5.2 The Design Consultant shall use its best efforts to respond to all such requests for information and/or clarification within seven (7) days of receipt of same.

2.6.6 No Delay. The Design Consultant shall perform all Construction Phase services as required by this Agreement and the Contract Documents in a timely manner. The Design Consultant shall not delay its interpretations, decisions, reviews, or other functions pursuant to this Agreement, or otherwise cause or contribute to a disruption of construction or a Delay to the Project.

2.6.7 Corrections. The Design Consultant shall, at no cost to the City, promptly and satisfactorily correct any and all errors, omissions, deficiencies, ambiguities, conflicts or violations of Applicable Code Requirements in the Construction Documents prepared by the Design Consultant or its Consultants.

2.6.8 Site Observations - General. At the request of the City, observations shall be conducted deliberately and thoroughly and documented with a Field Report. The Design Consultant and its Consultants, as appropriate to the stage of the Work as deemed by the City, shall be present on the Site to:
(i) Observe construction as it progresses and the general progress of the Work. (ii) Observe that the character and detail of construction comply with the Contract Documents, Approved Submittals, and clarifications.
(iii) Check fabricated materials and equipment located outside the Site when such checks are specified in the Contract Documents.
(iv) Conduct Site observations in connection with occupancy and completion.

2.6.9 Site Observations - Frequency. The frequency and extent of the observations conducted by the Design Consultant are based on the following factors:
(i) Design issues or questions of concern, as determined by the City (ii) The construction of crucial components of the Work and when requested by the City.

Any inspections provided by the City are separate from the Design Consultant’s observations and shall not relieve the Design Consultant of its responsibilities under this Agreement. Such observations shall also be performed by the Design Consultant and its Consultants when reasonably requested by the City or as appropriate to the stage of the Project.

2.6.10 Notice of Defective Work. The Design Consultant shall notify the City Engineer in writing of any Defective Work that has been observed by the Design Consultant.

2.6.11 Testing, Inspection. The Design Consultant shall recommend to the City Engineer in writing special inspection or testing of the Work in accordance with the provisions of the Contract Documents if, in the Design Consultant’s opinion, such inspection or testing is DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 117 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 17 necessary or advisable to comply with the Contract Documents, regardless of the status of the Work. Upon request by the City, the Design Consultant shall review inspection reports, laboratory reports, and test data to determine conformity of such data with the design requirements expressed in or implied by the Contract Documents and Approved Submittals. The Design Consultant shall recommend to the City Engineer in writing actions that need to be taken, as determined from Site visits, inspections, observations, reports, laboratory reports, and test data, or from the Contractor proposals, schedules, or other relevant documents.

2.6.12 Substantial, Final Completion. The Design Consultant shall accompany and assist the City and the Construction Manager to evaluate Substantial Completion, Final Completion, and preparation of a “punchlist” of items of Work to be completed or corrected for Final Completion, as these terms are defined in the Construction Contract. The Design Consultant shall review the punchlist and advise the City whether items listed thereon have been completed in accordance with the requirements of the Contract Documents. The Design Consultant shall provide advice to the City on the Approval of Substantial Completion and Final Completion. The Design Consultant shall review for conformance with the Contract Documents all warranties, guarantees, Record Documents, and other items required by the Contract Documents to be delivered by the Contractor as a condition of the final payment to the Contractor.

2.6.13 Interpretations. The Design Consultant shall, upon request by the City, issue interpretations and clarifications of the requirements of the Contract Documents. Such clarifications and interpretations shall be transmitted to the City in writing.

2.6.14 Construction Means, Methods. The Design Consultant shall not be responsible for the Contractor’s construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Work to the extent such means or methods are not specified or expressly required by the Contract Documents prepared by the Design Consultant or its Consultants.

2.6.15 Change Orders. The Design Consultant shall prepare Contract Documents as specifically requested by the City or the project manager in connection with the issuance of contract modifications and/or Change Orders. The Design Consultant shall be entitled to compensation for the preparation of Contract Documents in connection with the issuance of contract modifications and/or Change Orders only to the extent allowed by Article 3 (Additional Services) of this Agreement. The Design Consultant shall not be entitled to compensation for the preparation of Contract Documents necessitated by errors, omissions, deficiencies, ambiguities, conflicts or violations of Applicable Code Requirements caused or created, in whole or in part, by the Design Consultant or its Consultants.

2.6.16 Record Documents

2.6.16.1 The Design Consultant shall review as-builts of the Drawings and Special Provisions and Technical Specifications prepared by the Contractor in a format acceptable to both the Design Consultant and the City. If significant discrepancies are noted by the Design Consultant in the course of its review, the Design Consultant shall return the as-builts to the Construction Manager, who shall coordinate further review by the Contractor, and, following corrections by the Contractor, return the as-builts to the Design Consultant for further review.

2.6.16.2 Within six (6) months after receipt of the Contractor’s completed and corrected as-builts, the Design Consultant shall furnish the City with one (1) PDF and one (1) CAD copy of the revised Drawings showing the as-built condition of all portions of the Work (including without limitation the location of electrical, HVAC, DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 118 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 18 plumbing and other systems that may be diagrammatically represented in the Contract Documents), and one (1) electronic file in a format acceptable to the City. The Record Documents shall wherever possible be made from the as-built Drawings, including revisions and changes made via Addenda and via markedup prints, as-built and other data furnished by the Contractor or the Construction Manager. These revisions and changes shall be coordinated and accurately annotated and cross-referenced by the Design Consultant. Each page of the Drawings shall prominently bear the words “Record Documents.”

2.7 WARRANTY INSPECTION PHASE
The Design Consultant shall conduct a detailed review of the Work six (6) months after Final Completion, and shall make written recommendations to the City for the correction of any Defective Work identified by the City or discovered in the course of the Design Consultant’s review within thirty (30) Days after the detailed review. The Design Consultant shall be accompanied by the City during these inspections. The number of work hours to complete such review and preparation of written recommendations shall not exceed forty (40) hours, excluding review and preparation necessitated in whole or in part by errors and omissions in the services performed by the Design Consultant or its Consultants. Hours in excess thereof shall be compensated as Additional Service only if approved in advance in writing by the City.

2.8 INDEPENDENT REVIEWS

2.8.1 Design Status. This Project is subject to independent design reviews and/or peer reviews conducted by the City and at the City’s expense. The Design Consultant shall cooperate with these design reviews. As part of the review, the Design Consultant shall present the current status of the design, as determined from a complete package of Contract Documents describing the Project design for each Phase.

2.8.2 Review Process. The Project Schedule shall include an agreed period of review at the end of each Phase of design. The City will provide to the Design Consultant a single set of coordinated comments in hard copy and electronic format mutually acceptable to the Design Consultant and the City within four (4) weeks after the date of receipt by the City of the complete package of Contract Documents submitted by the Design Consultant for each Phase, unless such time period is altered by mutual consent. The Design Consultant shall prepare written responses to the written review comments and shall make only those changes to the design and documents that the Design Consultant deems appropriate. If the Design Consultant does not deem a comment to require a change, the Design Consultant shall so state in the written response to the comment, providing reasons why no change should be implemented. If the City nevertheless directs the Design Consultant to implement the requested change, the Design Consultant will do so. Services to prepare responses to comments that do not arise from the fault of the Design Consultant or its Consultants shall be compensated as Additional Services.

2.8.3 Independent Cost Estimate. The City shall have the right, but not the obligation, to have an independent cost estimate conducted by an estimator designated by the City and at the City’s expense. The Design Consultant shall be available to answer the estimator’s questions regarding the design and to attend meetings with the estimator as reasonably necessary to reconcile the Design Consultant’s estimate with the independent estimate and the Design Consultant shall not be entitled to additional compensation under this Agreement.

2.9 PROJECT SCHEDULE

2.9.1 Time Limits. The Design Consultant acknowledges that all time limits stated in this Agreement are of the utmost importance to the City and are of the essence of this Agreement. The Design Consultant shall meet the requirements of the Project Schedule DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 119 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 19 attached as Exhibit “C”, including without limitation the dates for completion of each Phase of the Design Consultant’s Basic Services.

2.9.2 Criteria for Time Increase. The Design Consultant shall be entitled to an increase in the time scheduled for completion of the Design Consultant’s services if delayed for unforeseeable and unavoidable causes beyond the Design Consultant’s control or responsibility and without the fault or negligence of the Design Consultant or its Consultants. The Design Consultant must, however, give written notice to the City of the circumstances of such Delay within ten (10) Days after such circumstances were first observed or should have been observed in the exercise of reasonable care by the Design Consultant or its Consultants. Failure to provide such written notice shall result in a waiver by the Design Consultant of any right to an adjustment to the Project Schedule on account of such circumstances.

ARTICLE 3 - ADDITIONAL SERVICES

3.1 LIST OF ADDITIONAL SERVICES
Anything exceeding the Scope of Services listed in Exhibit “A” may be considered Additional Services for which the Design Consultant is entitled to Additional Services compensation pursuant to Section 5.3 (Additional Services Compensation) of this Agreement (unless identified in Article 2 as part of Basic Services):

3.2 DISPUTE REGARDING ADDITIONAL SERVICES

3.2.1 Notification in Writing. The Design Consultant shall notify the City in writing within ten (10) Days after it receives any direction or request by the City or the Construction Manager that the Design Consultant believes constitutes a request for performance of Additional Services. Except as provided in Section 5.3 (Additional Services Compensation), the Design Consultant waives the right to additional compensation for Additional Services performed prior to such written notice or performed without written Approval by the City expressly acknowledging that the service is an Additional Service.

3.2.2 Performance of Services. If a dispute arises as to whether any service required constitutes an Additional Service or a Basic Service, the Design Consultant will nevertheless promptly perform such services, if requested to do so by the City. Neither the City’s request, Design Consultant’s performance, nor the acceptance of such disputed services by the City will constitute or be deemed to be a waiver on the part of the City or the Design Consultant of its rights with respect to the appropriate classification of the services rendered.

ARTICLE 4 - CITY RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.1.1 City Response. The City shall promptly respond to the Design Consultant’s Submittals and requests for decisions, Approvals, or information. However, no failure by the City to respond shall entitle the Design Consultant to an adjustment of the Project Schedule unless the City has failed to respond within Seven (7) Days to a written notice by the Design Consultant to the City expressly stating that a response is overdue and necessary in order to avoid a Delay to the Project Schedule.

4.1.2 City Furnished Services. The City shall furnish the services of consultants for design reviews and other services which the Design Consultant is not required to provide pursuant to Article 2 (Basic Services) of this Agreement.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 120 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 20 4.1.3 Approvals by Reviewing Agencies. In addition to the obligations of the Design Consultant under Article 2 (Basic Services), the Design Consultant shall assist the City in the preparation of applications for Approval submitted to Review Agencies, and in obtaining Approvals by Reviewing Agencies.

4.2 SURVEYS AND REPORTS

4.2.1 Tests, Inspections, Reports. The City shall furnish such structural, mechanical, electrical, chemical, soils, and other tests, inspections, and reports as required by Applicable Code Requirements or by the Contract Documents, and which are not required to be furnished by the Design Consultant under this Agreement or by the Contractor under the Contract Documents.

4.2.2 Land Survey. If not required to be furnished by the Design Consultant under this Agreement but required for the performance of the Design Consultant’s services, the City shall furnish an accurate land survey of the Site, giving, as applicable:
(i) Grades and lines of streets, alleys, pavements, and adjoining property. (ii) Rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the Site.
(iii) Locations, dimensions, and floor elevations pertaining to existing buildings, other improvements, and trees.
(iv) Information in the City’s possession concerning available service and utility lines, both public and private.

4.2.3 Geotechnical Data. If not required to be furnished by the Design Consultant under this Agreement but required for the performance of the Design Consultant’s services, the City shall furnish geotechnical data or employ consultants to provide such data, when reasonably deemed necessary by the Design Consultant, including test logs, soil classifications, soil bearing values, and other data necessary to define subsoil conditions.

4.2.4 City’s Expense. The services, information, surveys, and reports required by this Article 4 shall be furnished at the City’s expense.

4.2.5 City Liability. The City does not expressly or impliedly warrant or represent the accuracy, completeness or suitability of the surveys, data, reports or other information provided under this Article 4 (City Rights and Responsibilities), and the City shall have no liability to the Design Consultant in the event that other surveys, data, reports or other information, known or unknown, that is available to the City has not been provided, even if such information is material to the Design Consultant’s performance of this Agreement.

ARTICLE 5 - COMPENSATION

5.1 BASIC SERVICES COMPENSATION

5.1.1 Design Consultant’s Fee. For all Basic Services performed by the Design Consultant pursuant to this Agreement, the City shall pay the Design Consultant a Design Consultant’s Fee based on the number of hours of Basic Services performed by employees of the Design Consultant furnishing Basic Services to the Project, multiplied by agreed hourly rates loaded by contract overhead rate and fee as set forth in Exhibit “B” attached hereto; provided however, that the total Design Consultant’s Fee, whether or not this Agreement is fully performed or is terminated prior to full performance and notwithstanding any provisions of Sections 9.1 (Termination by the City) or 9.2 (Termination by the Design Consultant) to the contrary, shall not exceed the Cost of FOUR MILLION, ONE HUNDRED AND FIFTY-EIGHT THOUSAND AND FOUR HUNDRED DOLLARS ($4,158,400.00) Payment to the Design Consultant pursuant to this Article 5 shall be the sole compensation to which the Design Consultant is entitled for all Basic Services provided by the Design Consultant for the Project.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 121 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 21 5.1.2 Monthly Payments. The Design Consultant’s Fee shall be payable monthly in accordance with Article 6 (Payments) of this Agreement. Monthly applications shall be accompanied by detailed time summaries for Basic Services that are segregated from hours expended on Additional Services and that are broken down by time keeper, task, and time expended (block billings are not permitted). If requested by the City, the Design Consultant will furnish copies of time cards of individual time keepers verifying actual hours expended.

Upon completion of all Basic Services and submission of an application for Final Payment pursuant to this Agreement, the Design Consultant shall be paid the full amount of the Design Consultant’s Fee, not to exceed the cost not to exceed.

5.2 REIMBURSABLE EXPENSES

5.2.1 Reimbursement by the City. The City shall reimburse the Design Consultant for any good or service purchased by the Design Consultant pursuant to the City’s written request.

This reimbursement shall not include an administrative charge, multiplier, or other mark-up by the Design Consultant. The City will not reimburse the Design Consultant for items such as, but not limited to:
(i) Printing.
(ii) Shipping and/or postage.
(iii) Messenger and/or delivery services.
(iv) Long distance telephone calls, cellular telephone calls, and/or facsimile transmissions.
(v) Personal automobile use.
(vi) Parking and/or tolls.

The City shall also reimburse the Design Consultant (without administrative charge, multiplier, or other mark-up by the Design Consultant) for the following Reimbursable Expenses to the extent they represent actual, reasonable, and customary out-of-pocket expenses incurred by the Design Consultant in performing its Basic or Additional Services hereunder:
(i) Expenses for reproductions, excluding, however, (a) reproductions by the Design Consultant for internal office use by the Design Consultant, and (b) reproductions by the Design Consultant’s Consultants for internal office use by the Design Consultant’s Consultants.
(ii) Special renderings, models or mockups Approved in writing in advance by the City.

5.2.2 Estimate.

5.2.2.1 No single Reimbursable Expense in excess of One Thousand Dollars ($1,000) shall be incurred without the City’s prior written Approval.

5.2.3 Records of Reimbursable Expenses. Accurate and detailed records of the Design Consultant’s Reimbursable Expenses pertaining to the Project shall be maintained in an orderly manner on the basis of generally accepted accounting practices and shall be available at the Design Consultant’s office (or at the City’s request, shall be brought by the Design Consultant to the Site) for inspection, auditing and/or copying by the City and its representatives upon reasonable notice during the business hours throughout the term of this Agreement and for a period of three (3) years thereafter. If the City’s examination of such records discloses an overcharge, the Design Consultant shall promptly refund such overcharge, together with the costs to the City of any necessary audit of the Design Consultant’s books and records.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 122 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 22 5.3 ADDITIONAL SERVICES COMPENSATION

5.3.1 Lump Sum. Prior to performance of an Additional Service, the Design Consultant and the City shall attempt in good faith to negotiate a lump sum amount for the Additional Service.

If the parties fail to negotiate a lump sum amount prior to the date such services are first provided, then the Design Consultant’s compensation for such Additional Service shall be as set forth in Paragraph 5.3.2 (Direct Personnel Expense).

5.3.2 Direct Personnel Expense. If the parties are unable to negotiate a lump sum price for the Additional Services and the City instructs the Design Consultant to proceed with performance of the Additional Services, then the Design Consultant’s compensation shall be computed as follows:

5.3.2.1 For employee’s time expended, remuneration shall be computed in accordance with the Rate Schedule provided within Exhibit “B”, without any additional markup or multiplier. Such Rate Schedule will be subject to adjustment on January 1 of each year following the year in which the Agreement is fully executed, as mutually agreed between the Design Consultant and the City, to reflect rates charged by the Design Consultant for comparable services provided to its other municipal or institutional clients. Direct Personnel Expense is defined as the direct salaries of personnel engaged on the Project. Direct salaries shall include legally required taxes and insurance (Federal & State taxes, Social Security, Workers Compensation, & Unemployment insurance), but shall not include employee benefits such as health and other insurance, vacation and sick leave, pensions, or bonuses.

5.3.2.2 Rates charged by the Design Consultant’s Consultants for Additional Services shall be subject to advance Approval by the City, which will not be unreasonably withheld. Additional Services charged by the Design Consultant’s Consultants at rates that are not so Approved in advance by the City will be deemed chargeable to the City for no more than the lowest rate chargeable by the Design Consultant for comparable Additional Services under this Agreement.

5.3.3 Notice. The Design Consultant shall notify the City in writing within Seven (7) Days after it receives any direction or request that the Design Consultant believes constitutes a request performance of Additional Services. Except as otherwise provided in Paragraph

5.3.3 (Additional Services Compensation), the Design Consultant waives the right to additional compensation for Additional Services performed prior to such written notice or performed without written Approval by the City acknowledging that such service constitutes an Additional Service.

5.3.4 Disputes. If a dispute arises as to whether any service required constitutes an Additional Service or a Basic Service, the Design Consultant will nevertheless promptly perform such services, if requested to do so by the City in writing. Neither the City’s request, the Design Consultant’s performance, nor the acceptance of such disputed services by the City will constitute or be deemed to be a waiver on the part of the City or the Design Consultant of its rights with respect to the appropriate classification of the services rendered.

ARTICLE 6 - PAYMENTS

6.1 APPLICATIONS FOR PAYMENT

6.1.1 Monthly Applications. The Design Consultant shall submit a monthly Application for Payment to the City, setting forth in detail the Basic and authorized Additional Services rendered, and authorized Reimbursable Expenses incurred during the previous month.

Applications for the previous month shall be due not later than the Fifteenth (15th) Day of the month. Payment requested for Basic Services shall be separately allocated with DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 123 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 23 respect to each Project Phase of the Design Consultant’s Basic Services. Payment for Basic Services will be limited to an amount that the City determines is in proportion to the percentage of the total Basic Services performed for each Phase of the Project.

6.1.2 Reimbursable Expenses, Additional Services. Applications for Payments for the Design Consultant’s Additional Services (other than Additional Services for which a lump sum has been agreed to) as defined in Article 3 (Additional Services), and for Reimbursable Expenses as defined in Section 5.2 (Reimbursable Expenses), shall be accompanied by invoices, receipts, time cards and other justification thereof.

Additional Services for which the City and the Design Consultant have negotiated a lump sum amount in advance shall be paid in an amount that the City determines is in proportion to the percentage of such Additional Services properly performed; each such payment being subject to determination by the City that satisfactory progress is being made in completion of the Additional Service.

6.2 PAYMENTS BY THE CITY
If the Design Consultant’s application and supporting data in proper form and substantiating the amount requested are received, payments shall be made by the City monthly within Sixty (60) Days after receipt by the City of the Design Consultant’s application.

ARTICLE 7 - THE DESIGN CONSULTANT’S BOOKS AND RECORDS

7.1 MAINTENANCE OF BOOKS AND RECORDS
Books and records relating to this Agreement shall be maintained in accordance with generally accepted accounting principles. The City and authorized representatives of the Federal government and the State of California shall have access to, and the right to audit and the right to copy, pertinent parts of the Design Consultant’s books and records. The Design Consultant’s records shall include, but not be limited to accounting records (hard copy, as well as computer readable data); contracts; payroll records; Design Consultant’s Consultant agreements; vendor agreements; purchase orders; leases; original estimates; estimating work sheets; correspondence; receipts; memoranda; and any other supporting evidence deemed necessary to substantiate charges under this Agreement. All such books and records shall be preserved for a period of at least three (3) years from the date of Final Completion.

7.2 INSPECTION OF FILES
The Design Consultant and the Design Consultant’s Consultants shall make their files available for inspection and copying by the City upon reasonable notice.

ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS

8.1 PROPERTY OF THE CITY
All Contract Documents prepared by the Design Consultant and its Consultants, the designs depicted in them, and any presentation materials, shall become the property of the City whether the Project for which they are made is executed or not, and the City shall hold the copyright to such documents, materials and designs. The Design Consultant shall be permitted to retain copies, including reproducible copies, of the Contract Documents for information and reference. With the exception of standard and generic details in the Drawings, the Contract Documents shall not be used as a whole, or in substantial part, by the Design Consultant on other projects. The City may use the Contract Documents in connection with the Project without the Design Consultant’s Consent, including without limitation, future additions, alterations, connections, repairs, information, reference, use, or occupancy. If so used, the Design Consultant is not responsible for their use on any project for which they were not intended.

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Packet Pg. 124 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 24 8.2 BIDDING
The Design Consultant, upon request, shall provide copies of the Contract Documents in the number required by the City for bidding and construction purposes in connection with the Project.

The reproduction expense thereof shall be paid by the City as a Reimbursable Expense. The City reserves the right to select the type of document reproduction and to establish where the reproduction will be accomplished.

8.3 TERMINATION
In the event of Agreement termination by either party for any reason, the City reserves the right to receive, and the Design Consultant shall promptly provide to the City, all Drawings, specifications, models, and other documents and materials prepared to the date of termination by the Design Consultant for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 9 (Termination of Agreement) shall not diminish the right of the City to receive and use any such documents or materials.

ARTICLE 9 - TERMINATION OF AGREEMENT

9.1 TERMINATION BY THE CITY

9.1.1 For Cause. If the City determines that the Design Consultant has failed to perform in accordance with the terms and conditions of this Agreement, the City may terminate all or part of the Agreement for cause. This termination shall be effective if the Design Consultant does not cure its failure to perform within Fifteen (15) Days (or longer, if authorized in writing by the City) after receipt of a notice of intention to terminate from the City specifying the failure in performance. If a termination for cause does occur, the City will have the right to withhold monies otherwise payable to the Design Consultant until Final Completion of the Project. If the City incurs additional costs, expenses, or other damages due to the failure of the Design Consultant to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to the Design Consultant upon Final Completion of the Project. If the costs, expenses, or other damages incurred by the City exceed the amounts withheld, the Design Consultant shall be liable to the City for the difference. The provisions of this Paragraph 9.1.1 are in addition to, and not a limitation upon, any other rights and remedies of the City under law or in equity.

9.1.2 For Convenience. The City may terminate or suspend performance of this Agreement for convenience and without cause at any time upon written notice to the Design Consultant, in which case the City will pay the Design Consultant as provided in Article 5 (Compensation) for all Basic Services and authorized Additional Services performed and all authorized Reimbursable Expenses incurred under and in accordance with this Agreement up to and including the date of termination. Payment for Basic Services shall be based upon the City’s determination of the percentage completion of the Design Consultant’s Basic Services for the Phase in which termination occurs. No other compensation will be payable for anticipated profit, prospective Losses or consequential damages, of any kind.

9.2 TERMINATION BY THE DESIGN CONSULTANT

9.2.1 Termination of the Agreement. The Design Consultant may terminate this Agreement:

9.2.1.1 If the City fails to make any undisputed payment to the Design Consultant when due in accordance with this Agreement and such failure remains uncured for Sixty (60) Days after written notice to the City of such default and of the Design Consultant’s intent to terminate; or
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Packet Pg. 125 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 25 9.2.1.2 If the Project is abandoned by the City for more than Sixty (60) consecutive Days, the Design Consultant may terminate this Agreement upon Thirty (30) Days’ notice to the City, provided the City does not reactivate the Project within such Thirty (30) Day period. If the Project is reactivated and this Agreement is still in full force and effect, the Design Consultant’s compensation shall be equitable adjusted to provide for reasonable expenses incurred by the Design Consultant which are directly attributable to the interruption and resumption of service.

9.2.2 Payment for Services. After a termination of this Agreement by the Design Consultant in accordance with this Section 9.2, provided the Design Consultant is not then in default of this Agreement, the City shall pay the Design Consultant an amount for its Basic Services, Additional Services and Reimbursable Expenses calculated in accordance with Paragraph

9.1.2 (For Convenience) of this Agreement, and the City shall have no further liability or obligation to the Design Consultant for anticipated profit, prospective Losses or consequential damages, of any kind.

9.3 PAYMENT DISPUTES
In the event of any good faith dispute as to whether a particular payment or a portion of a particular payment is owed or not owed by the City to the Design Consultant under this Agreement, the City shall have the right to do one of the following:
(i) Make all or part of such disputed payment to the Design Consultant without prejudice to the City’s right to contest the amount so paid.
(ii) Withhold all or a portion of such disputed payment.

Should the City withhold all or a portion of any payment invoiced by the Design Consultant, the City shall so notify the Design Consultant in writing of the reasons therefore. From and after the Design Consultant’s receipt of such notice, the City and the Design Consultant shall use their good faith efforts to resolve their dispute as quickly as practicable under the circumstances. If the City has given such notice, the Design Consultant shall not be entitled to terminate this Agreement or suspend its services hereunder on account of such non-payment. If the City chooses to withhold payments under clause (ii) and if it is subsequently determined that the City owes an additional payment to the Design Consultant, the City shall pay such amount to the Design Consultant plus accrued interest computed at the Interest Rate from the date such payment was due until paid. If the City chooses to proceed under clause (i) and it is subsequently determined that the City overpaid the Design Consultant, the Design Consultant shall refund to the City the amount of such payment plus accrued interest computed at the Interest Rate from the date of such overpayment until refunded.

ARTICLE 10 - INDEMNIFICATION AND INSURANCE

10.1 INDEMNIFICATION

10.1.1 Hold Harmless for Design Professional Services. To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Design Consultant agrees to defend, indemnify, and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Consultant’s negligence, recklessness or willful misconduct in the performance of professional services under this Agreement.

For Other Claims. Except as otherwise set forth in the preceding paragraph, Design Consultant agrees to defend, indemnify and hold harmless the City Indemnitees from and against any and all Losses to the extent caused or claimed to be caused by the acts, errors and/or omissions of the Consultant (other than professional negligence, which is covered DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 126 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 26 under Section 10.1.1, above), or recklessness or willful misconduct by Consultants (or its contractors or subcontractors, if any). Design Consultant’s responsibilities under this provision include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Consultant (or its contractors or subconsultants); provided, however, that Design Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

The provisions of the above indemnification obligation shall survive any termination of this Agreement.

10.1.2 Survival. The provisions of the above indemnification obligations shall survive any termination of this Agreement.

10.2 INSURANCE

10.2.1 Basic Insurance Requirements. Prior to commencing work, the Design Consultant must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by the Design Consultant or its agents, representatives, employees or subconsultants for the duration of this Agreement. Design Consultant must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit “G,” Insurance Requirements and Verifications.

ARTICLE 11 - DISPUTE RESOLUTION

11.1 NEGOTIATION
The parties will attempt in good faith to resolve any Claim arising out of or relating to this Agreement by negotiation.

11.2 MEDIATION
Within sixty (60) Days, but no earlier than thirty (30) Days, following the earlier of (i) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party’s demand for arbitration of Claim or (ii) receipt by the other party of the disputing party’s notice of election to litigate a Claim, the parties shall submit the Claim to non-binding mediation administered by the AAA under its Construction Industry Mediation Rules, unless waived by mutual stipulation of both parties. The expenses and fees of the mediator shall be divided among the parties equally.

11.3 ARBITRATION OR LITIGATION
Claims between the Design Consultant and the City which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:

11.3.1 Arbitration with the Contractor. If any Claim arises under the Contract Documents for the Project and is submitted to arbitration, and either the Contractor or the City claims that the acts or omissions of the Design Consultant are involved, in whole or in part, any Claim by the City against the Design Consultant arising out of or in connection therewith may be asserted, at the option of the City, against the Design Consultant in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the Construction Contract.

11.3.2 Litigation with the Contractor. If any Claim arises under the Contract Documents for the Project and is submitted to litigation, and either the Contractor or the City asserts that the acts or omissions of the Design Consultant are involved, in whole or in part, any Claim by DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 127 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 27 the City against the Design Consultant arising out of or in connection therewith may be asserted, at the option of the City, against the Design Consultant in the same litigation.

11.3.3 Arbitration without the Contractor. Any Claims not exceeding $100,000 arising from this Agreement between the Design Consultant and the City that do not involve the Contractor and which cannot be settled through negotiation or mediation, and which are not resolved by arbitration or litigation pursuant to Paragraphs 11.3.1 (Arbitration with the Contractor) and 11.3.2 (Litigation with the Contractor), shall be subject to arbitration conducted in accordance with the Construction Industry Arbitration Rules of the AAA then in effect. The following additional modifications shall be made to the aforesaid Rules of the AAA:

11.3.3.1 Discovery. Civil discovery shall be permitted for the production of documents and taking of depositions. Other discovery may be permitted in the discretion of the arbitrator. All disputes regarding discovery shall be decided by the arbitrator.

11.3.3.2 Consultants. The Design Consultant’s Consultants shall upon demand by the City join in and be bound by the arbitration.

11.3.3.3 Consolidations. Concurrent Claims shall be consolidated into a single arbitration unless the parties otherwise agree in writing.

11.3.3.4 Hearings. No hearing shall be held prior to Final Completion of the Project unless the City and the Design Consultant otherwise agree in writing.

11.3.3.5 Jurisdiction. The exclusive forum for determining arbitrability shall be the Superior Court of the State of California.

11.3.3.6 Expedited Procedures. If the total Claims are less than $50,000, AAA expedited procedures as modified by this Article 11 (Dispute Resolution) shall apply. If the total Claims are between $50,000 and $100,000 they shall be heard by a single arbitrator who shall be an attorney.

11.3.3.7 Arbitrator Selection. The AAA shall submit simultaneously to each party to the dispute an identical list of at least ten (10) names of persons chosen from the National Panel of Commercial Arbitrators, and each party to the dispute shall have ten (10) Days from the date of receipt in which to cross off any names objected to, number the remaining names in order of preference and then return the list to the AAA. If the expedited procedures of the AAA are applicable, the AAA shall submit simultaneously to each party an identical list of five (5) proposed arbitrators drawn from the National Panel of Commercial Arbitrators, and each party may strike three (3) names from the list on a peremptory basis and then return the list to AAA within ten (10) Days from the date of Receipt.

11.3.3.8 Finality. Unless the City and the Design Consultant otherwise agree in writing, the arbitration decision shall be made under and in accordance with the laws of the State of California, supported by substantial evidence. If the total of all Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation or correction under the procedures and on the grounds specified in the California Code of Civil Procedure, including without limitation Section 1296.

11.3.3.9 Fees, Expenses. The expenses and fees of the arbitrators and the administrative fees of the AAA shall be divided among the parties equally.

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Packet Pg. 128 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 28 11.4 LITIGATION
All Claims exceeding $100,000, arising from this Agreement between the Design Consultant and the City which cannot be settled by negotiation or mediation, and which are not arbitrated under the provisions of Paragraphs 11.3.1 (Arbitration with the Contractor) or 11.3.3 (Arbitration without the Contractor), shall be resolved through litigation, filed in the Los Angeles Superior Court.

11.5 COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to receive from the losing party all reasonable costs, disbursements, and expenses and such amount as the court may adjudge to be reasonable attorneys’ fees. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. `
ARTICLE 12 - NON-DISCRIMINATION
In connection with the performance of the Design Consultant pursuant to this Agreement, the Design Consultant will not willfully discriminate against any employee or qualified applicant for employment because of race, color, religion, ancestry, national origin, local custom, habit, sex, age, sexual orientation, physical disability, veteran’s status, medical condition (as defined in Section 12926 of the California Government Code), marital status, or citizenship. This equal treatment shall apply, but shall not be limited to, the following: upgrade, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. In addition, the Design Consultant shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” ARTICLE 13 - NOTICES

13.1 NOTICE FORM AND DELIVERY
All notices, demands, requests or Approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed received as follows:
(i) On the date delivered if delivered personally.
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided.
(iii) On the date sent if sent by facsimile transmission. (iv) On the date it is accepted or rejected if sent by certified mail.

13.2 NOTICE RECIPIENTS
All notices, demands or requests shall include the Project name and the number of this Agreement and be addressed to the parties as follows:

To the City at:

City of Santa Monica
Engineering & Streets Services Division
1685 Main Street, Mail Stop 15
Santa Monica, California 90401
Attention: Curtis Castle
Re: Pier Bridge Replacement Project, 11361 (CCS)
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 129 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 29 With an additional copy to: Client Department (if requested) at:

To the Design Consultant at:

Dokken Engineering
110 Blue Ravine Road, Suite 200
Folsom, California 95630
Attention: Tim Osterkamp
In addition, copies of all Claims by the Design Consultant under this Agreement shall be provided to both of the following:

City Engineer at the address above
Santa Monica City Attorney Office
1685 Main Street, Third Floor
Santa Monica, CA 90401
Attention: City Attorney
Such Claims shall be delivered personally or sent by certified mail.

ARTICLE 14 - GOVERNING LAW
This Agreement, including without limitation the provisions of Article 10 (Indemnification and Insurance), shall be governed by the laws of the State of California.

ARTICLE 15 - FEDERAL GRANTS
The following Federally required clauses supersede and control only where they conflict with the AGREEMENT or Exhibits thereto. In the event of a potential ambiguity between the Federal clauses and the remainder of the Agreement, CITY will be solely responsible for interpreting how to implement the AGREEMENT.

15.1. ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee.

CITY will reimburse DESIGN CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by DESIGN CONSULTANT in performance of the work. DESIGN CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved DESIGN CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will DESIGN CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. DESIGN CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, CITY will pay DESIGN CONSULTANT a fixed fee of $218,411.48. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of services and such adjustment is made by AGREEMENT amendment.

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Packet Pg. 130 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 30 D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, DESIGN CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of DESIGN CONSULTANT’s fixed fee will be included in the monthly progress payments. If DESIGN CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. DESIGN CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which DESIGN CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title.

Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work.

Invoices shall be mailed to CITY’s Contract Administrator at the following address:

City of Santa Monica
Engineering & Streets Services Division
1685 Main Street, Mail Stop 15
Santa Monica, California 90401
Attention: Curtis Castle
Re: Pier Bridge Replacement Project, 11361 (CCS)
I. The total amount payable by CITY including the fixed fee shall not exceed $4,158,400.00.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

15.2. TERMINATION
A. CITY reserves the right to terminate this AGREEMENT upon thirty (30) calendar days written notice to DESIGN CONSULTANT with the reasons for termination stated in the notice.

B. CITY may terminate this AGREEMENT with DESIGN CONSULTANT should DESIGN CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY terminates this AGREEMENT with DESIGN CONSULTANT, CITY shall pay DESIGN CONSULTANT the sum due to DESIGN CONSULTANT under this AGREEMENT prior to termination, unless the cost of completion to CITY exceeds the funds remaining in the AGREEMENT. In which case the overage shall be deducted from any sum due DESIGN CONSULTANT under this AGREEMENT and the balance, if any, shall be paid to DESIGN CONSULTANT upon demand.

C. The maximum amount for which the CITY shall be liable if this AGREEMENT is terminated is $4,158,000.

15.3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. DESIGN CONSULTANT agrees that the Agreement Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

B. DESIGN CONSULTANT also agrees to comply with federal procedures in accordance DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 131 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 31 with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

C. Any costs for which payment has been made to DESIGN CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by DESIGN CONSULTANT to CITY.

15.4. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Agreement Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7; DESIGN CONSULTANT , subconsultants, and CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All PARTIES shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of DESIGN CONSULTANT and it’s certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

15.5. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by agreement, shall be reviewed by CITY’S Chief Financial Officer.

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

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

D. DESIGN CONSULTANT and subconsultant Agreements, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is DESIGN CONSULTANT ’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by DESIGN CONSULTANT and approved by CITY Agreement manager to conform to the audit or review recommendations. DESIGN CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by DESIGN CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

15.6. SUB-CONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between CITY and any subconsultant(s), and no sub-agreement shall relieve DESIGN CONSULTANT of its responsibilities and obligations hereunder. DESIGN CONSULTANT agrees to be as fully responsible to CITY for the acts and omissions of its subconsultant(s) DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 132 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 32 and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by DESIGN CONSULTANT. DESIGN CONSULTANT ’s obligation to pay its subconsultant(s) is an independent obligation from CITY’S obligation to make payments to the DESIGN CONSULTANT.

B. DESIGN CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this AGREEMENT shall be subcontracted without written authorization by CITY’s Agreement Administrator, except that, which is expressly identified in the approved Cost Proposal.

C. DESIGN CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to DESIGN CONSULTANT by CITY.

D. Any sub-agreement entered into as a result of this AGREEMENT shall contain all the provisions stipulated in this AGREEMENT to be applicable to subconsultants.

E. Any substitution of subconsultant(s) must be approved in writing by CITY’s Project Manager prior to the start of work by the subconsultant(s).

15.7. EQUIPMENT PURCHASE
A. Prior authorization in writing, by CITY’s Project Manager shall be required before DESIGN CONSULTANT enters into any unbudgeted purchase order, or sub-agreement exceeding $5,000 for supplies, equipment, or DESIGN CONSULTANT services. DESIGN CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

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

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

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, DESIGN CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If DESIGN CONSULTANT elects to keep the equipment, fair market value shall be determined at DESIGN CONSULTANT ’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and DESIGN CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

15.8. STATE PREVAILING WAGE RATES
A. DESIGN CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.

B. Any sub-agreement entered into as a result of this AGREEMENT, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.

C. When prevailing wages apply to the services described in the scope of services, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 133 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 33 15.9. CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the DESIGN CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The DESIGN CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. DESIGN CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. DESIGN CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. DESIGN CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The DESIGN CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The DESIGN CONSULTANT hereby certifies that the DESIGN CONSULTANT or subconsultant and any firm affiliated with the DESIGN CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

15.10. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION DESIGN CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any CITY employee.

For breach or violation of this warranty, CITY shall have the right in its discretion; to terminate the AGREEMENT without liability; to pay only for the value of the work actually performed; or to deduct from the AGREEMENT price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

15.11. PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR LOBBYING A. DESIGN CONSULTANT certifies to the best of his or her knowledge and belief that:

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

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

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 134 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 34 C. DESIGN CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier sub-agreements, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

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

B. During the performance of this AGREEMENT, DESIGN CONSULTANT and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. DESIGN CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. DESIGN CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (af), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. DESIGN CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

C. The DESIGN CONSULTANT shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

D. The DESIGN CONSULTANT, with regard to the work performed by it during the AGREEMENT shall act in accordance with Title VI. Specifically, the DESIGN CONSULTANT shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The DESIGN CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the AGREEMENT covers a program whose goal is employment.

15.13. DEBARMENT AND SUSPENSION CERTIFICATION
A. DESIGN CONSULTANT ’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that DESIGN CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (non-procurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 135 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 35 fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to CITY.

B. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining DESIGN CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

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

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

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds. D. CITY has the option to void the AGREEMENT under the 30-day termination clause pursuant to Article 7.2, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

15.15. CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the PARTIES.

B. DESIGN CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Agreement Administrator.

C. There shall be no change in DESIGN CONSULTANT ’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Agreement Administrator.

15.16. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This AGREEMENT is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

Consultants who obtain DBE participation on this AGREEMENT will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 22%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the DESIGN CONSULTANT AGREEMENT DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the AGREEMENT as Exhibit “H”. If a DBE subconsultant is unable to perform, DESIGN CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. DESIGN CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. DESIGN CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by DESIGN CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as CITY deems appropriate.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 136 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 36 D. Any sub-agreement entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting CITY consent for the termination, DESIGN CONSULTANT must meet the procedural requirements specified in 49 CFR

26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF.

I. DESIGN CONSULTANT shall maintain records of materials purchased or supplied from all sub-agreements entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the AGREEMENT, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by DESIGN CONSULTANT or DESIGN CONSULTANT ’s authorized representative and shall be furnished to the Project Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to DESIGN CONSULTANT when a satisfactory “Final Report- Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Agreement Administrator.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify DESIGN CONSULTANT in writing with the date of decertification.

If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify DESIGN CONSULTANT in writing with the date of certification.

Any changes should be reported to CITY’s Project Manager within 30 days.

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

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 137 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 37 15.18. DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Project Manager and the City’s Public Works Director or designee, who may consider written or verbal information submitted by DESIGN CONSULTANT.

B. Not later than 30 days after completion of all work under the AGREEMENT, DESIGN CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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

15.19. INSPECTION OF WORK
DESIGN CONSULTANT and any subconsultant shall permit CITY, the state, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT including review and inspection on a daily basis.

15.20. SAFETY
A. DESIGN CONSULTANT shall comply with OSHA regulations applicable to DESIGN CONSULTANT regarding necessary safety equipment or procedures. DESIGN CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. DESIGN CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, CITY has determined that such areas are within the limits of the project and are open to public traffic.

DESIGN CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. DESIGN CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any sub-agreement entered into as a result of this AGREEMENT, shall contain all of the provisions of this Article.

D. DESIGN CONSULTANT must have a Division of Occupational Safety and Health (CALOSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.

15.21. INSURANCE
A. Prior to commencement of the work described herein, DESIGN CONSULTANT shall furnish CITY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for DESIGN CONSULTANT with a combined single limit (CSL) of not less than what is established in Exhibit “G”.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without 30 days prior written notice to CITY.

2. That CITY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That CITY will not be responsible for any premiums or assessments on the policy.

C. DESIGN CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, DESIGN CONSULTANT agrees to provide at least thirty (30) days prior notice to said DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 138 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 38 expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of CITY. In the event DESIGN CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, CITY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

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

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

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

D. Applicable patent rights provisions regarding rights to inventions shall be included in the Agreements as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Agreements for federal-aid Agreements).

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

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

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

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

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

B. Permission to disclose information on one occasion, or public hearing held by CITY relating DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 139 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 39 to the AGREEMENT, shall not authorize DESIGN CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

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

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

E. Any sub-agreement entered into as a result of this AGREEMENT shall contain all of the provisions of this Article.

15.25. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Agreement Code Section 10296, DESIGN CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against DESIGN CONSULTANT within the immediately preceding two-year period, because of AE’s failure to comply with an order of a federal court that orders DESIGN CONSULTANT to comply with an order of the National Labor Relations Board.

15.26. EVALUATION OF DESIGN CONSULTANT
DESIGN CONSULTANT ’s performance will be evaluated by CITY. A copy of the evaluation will be sent to DESIGN CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

15.27. RETENTION OF FUNDS
A. Any sub-agreement entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

B. No retainage will be withheld by the agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants.

15.28. ADDITIONAL PERTINENT NON-DISCRIMINATION AUTHORITIES During the performance of this contract, the Design Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Design Consultant”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 140 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 40 • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Design Consultant shall comply with the Appendices A and E, which are incorporated herein:

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 141 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 41 APPENDIX A
During the performance of this Agreement, Design Consultant, for itself, its assignees and successors in interest (hereinafter collectively referred to as the “Design Consultant”) agrees as follows:

a. Compliance with Regulations: Design Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

b. Nondiscrimination: Design Consultant, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Design Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.

c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Design Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Design Consultant of the Design Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

d. Information and Reports: Design Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of Design Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Design Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Design Consultant has made to obtain the information.

e. Sanctions for Noncompliance: In the event of Design Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

i. withholding of payments to Design Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or

ii. cancellation, termination or suspension of the Agreement, in whole or in part.

f. Incorporation of Provisions: Design Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 142 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 42 Design Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Design Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Design Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Design Consultant may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E
During the performance of this contract, the Design Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Design Consultant”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 143 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 43 ARTICLE 16 - WAIVER
One or more waivers by either party of any provision, term, condition or covenant shall not be construed by either party as a waiver of a subsequent breach of the same by either party.

ARTICLE 17 - NO THIRD PARTIES
Nothing contained in this Agreement is intended to make any person or entity who is not a signatory to this Agreement a third party beneficiary of any right created by this Agreement or by operation of law.

ARTICLE 18 - EXTENT OF AGREEMENT
This Agreement represents the entire Agreement with the City and the Design Consultant for furnishing of design services, and supersedes all prior negotiations, representations or Agreements, either written or oral and may be amended only by written instrument signed by both the City and the Design Consultant.

ARTICLE 19 - SEVERABILITY
In case any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of all remaining provisions shall not be affected.

ARTICLE 20 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the City and the Design Consultant and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by the Design Consultant without the prior written Consent and Approval of the City, which may be granted or withheld in the City’s sole discretion.

ARTICLE 21 - CONFIDENTIALITY
The Design Consultant shall treat all information and data furnished to it by the City or otherwise obtained or prepared by the Design Consultant concerning the Project as strictly confidential and shall not disclose any of the same to any other person or entity unless required to do so in connection with the Design Consultant’s performance of this Agreement or any governmental filings or applications. The Design Consultant shall not engage in or permit any publicity with respect to the Project, the City or the Design Consultant’s services hereunder including, without limitation, referring to the same in advertising or promotional brochures or materials or granting interviews to broadcast, print or other media, without the prior written Consent of the City, which may be granted or withheld in the sole discretion of the City. The Design Consultant shall instruct all of its employees of this obligation and shall use its best efforts to ensure full compliance in compliance with this Article 21. The provisions of this Article 21 shall survive any termination of this Agreement.

ARTICLE 22 - EXHIBITS
The following Exhibits are attached hereto and incorporated herein by this reference:

Exhibit “A”
Exhibit “B”
Exhibit “C”
Exhibit “D”
Exhibit “E”
Exhibit “F”
Exhibit “G”
Exhibit “H”
-
-
-
-
-
-
-
Scope of Services.

Budget.

Project Schedule.

Key Personnel.

Oaks Initiative.

Living Wage.

Insurance Requirements
DBE Commitments
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 144 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge 44 ARTICLE 23 – EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement, on the day and year first above written.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA City Attorney

DOUGLAS SLOAN
7/14/2023
John A. Klemunes, Jr.

Dokken Engineering
7/18/2023
President
David White
City Manager
7/19/2023
Denise Anderson-Warren
City Clerk
7/20/2023

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Packet Pg. 145 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge Exhibit “A”
Scope of Services
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA

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Packet Pg. 146 Attachment: Dokken Engineering CT11361 (CCS) (7056 : Award Bid SP2060-CT and RFP SP2060-CM and Contracts for the Pier Bridge z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060

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Santa Monica City CouncilSeptember 30, 2025

Santa Monica City Council
September 30, 2025