CC RES 2024-025 RESOLUTION NO. 2024-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, FINDING AND DECLARING, BY
A FOUR-FIFTHS VOTE OF THE ENTIRE CITY COUNCIL,
THAT AN EMERGENCY EXISTS WHICH WILL NOT PERMIT
THE COMPETITIVE SOLICITATION OF BIDS FOR THE
EMERGENCY HYDRAUGERS PROJECT, DETERMINING
THE EMERGENCY HYDRAUGERS PROJECT IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO THE EMERGENCY EXEMPTION SET
FORTH IN PUBLIC RESOURCES CODE, SECTION
21080(b)(4), AND AWARDING A CONTRACT TO
MALCOLM DRILLING COMPANY, INC., TO CONSTRUCT
THE EMERGENCY HYDRAUGERS PROJECT
WHEREAS, Public Contract Code § 1102 defines "emergency" as "a sudden,
unexpected occurrence that poses a clear and imminent danger, requiring immediate
action to prevent or mitigate the loss or impairment of life, health, property, or essential
public services;" and
WHEREAS, Public Contracts Code§ 22050 sets forth the procedure for emergency
contracting for a public works project as follows:
(a)(1) In the case of an emergency, a public agency, pursuant to a four-
fifths vote of its governing body, may repair or replace a public facility,
take any directly related and immediate action required by that
emergency, and procure the necessary equipment, services, and
supplies for those purposes, without giving notice for bids to let contracts.
(2) Before a governing body takes any action pursuant to paragraph (1),,
it shall make a finding, based on substantial evidence set forth in the
minutes of its meeting, that the emergency will not permit a delay resulting
from a competitive solicitation for bids, and that the action is necessary to
respond to the emergency.
(b)(1) The governing body, by a four-fifths vote, may delegate, by
resolution or ordinance, to the [...] city manager, chief engineer, or other
nonelected agency officer, the authority to order any action pursuant to
paragraph (1) of subdivision (a).
(2) If the public agency has no county administrative officer, city manager,
chief engineer,, or other nonelected agency officer, the governing body,
by a four-fifths vote, may delegate to an elected officer the authority to
order any action specified in paragraph (1) of subdivision (a).
01203 0023/979170 2
(3) If a person with authority delegated pursuant to paragraph (1) or (2)
orders any action specified in paragraph (1)of subdivision (a), that person
shall report to the governing body, at its next meeting required pursuant
to this section, the reasons justifying why the emergency will not permit a
delay resulting from a competitive solicitation for bids and why the action
is necessary to respond to the emergency.
(c)(1) If the governing body orders any action specified in subdivision (a),
the governing body shall review the emergency action at its next regularly
scheduled meeting and, except as specified below, at every regularly
scheduled meeting thereafter until the action is terminated, to determine,
by a four-fifths vote, that there is a need to continue the action. If the
governing body meets weekly, it may review the emergency action in
accordance with this paragraph every 14 days.
(2) If a person with authority delegated pursuant to subdivision (b) orders
any action specified in paragraph (1) of subdivision (a), the governing
body shall initially review the emergency action not later than seven days
after the action, or at its next regularly scheduled meeting if that meeting
will occur not later than 14 days after the action, and at least at every
regularly scheduled meeting thereafter until the action is terminated, to
determine, by a four-fifths vote, that there is a need to continue the action,
unless a person with authority delegated pursuant to subdivision (b) has
terminated that action prior to the governing body reviewing the
emergency action and making a determination pursuant to this
subdivision. If the governing body meets weekly, it may, after the initial
review, review the emergency action in accordance with this paragraph
every 14 days.
(3) When the governing, body reviews the emergency action pursuant to
paragraph (1) or (2), it shall terminate the action at the earliest possible
date that conditions warrant so that the remainder of the emergency
action may be completed by giving notice for bids to let contracts.
WHEREAS, Pursuant to the authority conferred to it by RPVMC Chapter 2.24 and
Section 2.42.060, as well as Public Contracts Code Section 22035, the City Council has
the authority to bypass the City's bidding requirements for a public project to address an
emergency, provided the City complies with the requirements of Public Contracts Code
Section 22050.
NOW, THEREFORE, THE RANCHO PALOS VERDES CITY COUNCIL HEREBY
FINDS, DETERMINES AND RESOLVES, AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are incorporated
herein by this reference.
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Resolution No. 2024-25
Page 2 of 7
Section 2. Based on substantial evidence provided in the staff report
accompanying this resolution, the City Council hereby makes the following findings and
determinations:
1. The City of Rancho Palos Verdes is home to three active Landslide
Complexes commonly known as: the Portuguese Bend Landslide (the
"PBL"), the Abalone Cove Landslide (the ACL), and the Klondike Canyon
Landslide, collectively known as the Greater Portuguese Bend Landslide
Complex, or Landslide Complex. The landslides have been active since the
1950s.
2. The 2022-2023 rainy season brought exceptional amounts of rain to the
region. The 2022-2023 rainy season dumped about 190% of the average
annual rainfall in the region, with the region experiencing 20.9" of rain.
3. As of April 26, 2024, total rainfall for the 2023-24 season (beginning Oct 1,
2023) was 23.01". This is 169% of the historical 67-year average of 13.63"
for this rain gauge. (All data based on LACDPW Rainfall Gauge No. 1011 B
at Rolling Hills FS.)
4. Beginning in 2018, but particularly since May of 2023, the land movement
in the Landslide Complex has increased significantly due to increased
rainfall in the last two rainy seasons, which caused the water table to rise
dramatically and destabilize the landslides. The City has established, via
repeated geologic studies, that a significant factor in the speed of land
movement in the Districts is the amount of water in the soil.
5. Chapter 2.24 of the Rancho Palos Verdes Municipal Code ("RPVMC")
details the powers and responsibilities of the City during emergency
circumstances, which is defined in Section 2.24.020 as "the actual or
threatened existence of conditions of disaster or of extreme peril to the
safety of persons and property within this city caused by such conditions as
air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other
conditions, including conditions resulting from war or imminent threat of war,
but other than conditions resulting from a labor controversy which conditions
are or are likely to be beyond the control of the services, personnel,
equipment and facilities of this city, requiring the combined forces of other
political subdivisions to combat."
6. After consideration of all facts reasonably available, on October 3, 2023, the
City Council proclaimed the existence of a state of local emergency within
the Landslide Complex. The state of emergency was extended, as required
by statute, on November 14, 2023, December 19, 2023, February 6, 2024,
March 19, 2024, and May 7, 2024. The state of emergency is anticipated to
continue throughout the execution of the work.
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Resolution No. 2024-25
Page 3 of 7
7. On February 4, 2024, Governor Newsom declared a state of emergency for
Southern California (including Los Angeles County) on the basis of a
powerful storm that would make landfall in the following days. 8.29" of rain
were recorded from February 1 through February 9. on the Palos Verdes
Peninsula region. On April 15, 2024, the President declared a federal
disaster for the areas affected by the severe winter storms, tornadoes,
flooding, landslides and mudslides from January 31 to February 9, 2024.
8. Pursuant to the authority conferred to it by RPVMC Chapter 2.24 and
Section 2.42.060, as well as Public Contracts Code Section 22035, the City
Council has the authority to bypass the City's bidding requirements for a
public project to address an emergency, provided the City complies with the
requirements of Public Contracts Code Section 22050.
9. The City developed the Portuguese Bend Landslide (PBL) Remediation
Project("Remediation Project")to remediate movement from the PBL. The
Remediation Project was initiated by the City Council in 2017, and consists
of filling fissures to prevent water infiltration, construction of a drainage
swale to convey stormwater to the ocean, and installation of hydrauger drain
arrays to intercept groundwater and extract artesian underground water;
which are all measures to prevent water from entering the ground and
contributing to movement. As development of the project was continuing
through the California Environmental Quality Act ("CEQA") and final
engineering process, conditions in the Portuguese Bend Landslide
Complex, including the PBL, dramatically changed. The rate of movement
increased by orders of magnitude. The project as originally envisioned will
not be viable unless the landslide is first stabilized to an acceptable rate of
movement such that the various components of the project can be installed
and withstand land movement, which would not be the case at current rates
of movement.
10. Therefore, in conjunction with the City's geotechnical engineering design
consultant, Geo-Logic Associates, Inc.. (GLA), the City has been
developing an emergency stabilization project. The new project, the
Emergency Hydraugers Project, consists of installing emergency hydrauger
arrays with underground drains to extract water. These measures must be
installed immediately to stabilize the area because the current rate of
movement, if not significantly slowed, will result in severe impacts to public
infrastructure, utilities, and residential structures. The land movement will
cause the eventual closure of Palos Verdes Drive South, a vital arterial
roadway that carries approximately 15,000 vehicles per day and is an
essential evacuation route. The land movement may also result in the
rupturing of twin sewer trunk lines that serve thousands of homes. The
movement has damaged utility poles with their electric and communications
wires. Many homes are at risk of red-tagging due to land movement. Finally,
the PBL must be stabilized to facilitate the Remediation Project.
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Resolution No. 2024-25
Page 4 of 7
11. Installation of the emergency hydraugers and the associated work requires
a specialty contractor. The pool of such contractors is very limited and the
same is true for their availability, especially when they are asked to respond
in a very short time. On behalf of the City, the GLA team screened a dozen
drilling contractors with directional drilling capability, which is necessary for
the emergency hydraugers. Upon completion of the screening process,
three contractors that could meet the project requirements (i.e., directionally
drill wells of required diameter and length, and reach the target depth of 150
feet below the landslide surface) were interviewed by GLA on behalf of the
City to further vet their technical capabilities and experience. The interview
process revealed that only two of these contractors can meet the project
requirements in their entirety, Malcolm Drilling, Inc. (Malcolm) and Ellingson
DTD (Ellingson). Both contractors visited the project site twice and worked
with GLA to further understand the scope of work. Ultimately, the two
contractors determined that they could only meet the project objectives and
timeline by combining their resources, with Malcolm as the prime contractor
and Ellingson as the sub-contractor. Staff directed GLA to use this
expedited approach to procuring a construction contractor because it would
otherwise take several months to go through the formal bidding process,
which would significantly delay the start of construction with potentially
catastrophic consequences for the PBL.
12. Completing plans, specifications, construction documents, and cost
estimates for two hydraugers and associated work is very specialized and
complex, making it very time consuming, typically taking more than one year
to complete. Given the nature of the emergency, an unconventional
approach to the design was needed. Staff determined that the fastest
approach to constructing the emergency hydraugers is a staged approach
where design is progressed to a point where construction can commence
while design continues in stages that remain ahead of the progress of
construction. This means that the details of the staged scopes of work and
their costs will need to be negotiated on an ongoing basis as construction
advances, as further articulated in Exhibit A of the agreement. When also
considering that data collected during construction will be used to confirm
design assumptions and inform any modifications, as well as the continued
movement and changing groundwater conditions, the staged approach to
design and construction becomes even more necessary.
13. The foregoing constitutes an emergency within the meaning of Public
Contracts Code § 1102, authorizing contracting with Malcolm Drilling
Company, Inc., to construct the Emergency Hydraugers Project pursuant to
Public Contracts Code § 22050 and Rancho Palos Verdes Municipal Code
§§ 2.42.060(B).
Section 3. CEQA Exemption. Based on the whole of the administrative record,
including the foregoing findings, the Emergency Hydraugers Project is exempt from
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Resolution No. 2024-25
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CEQA pursuant to Public Resources Code, Section 21080(b)(4) as an action necessary
to prevent or mitigate an emergency. As stated above, the immediate implementation of
the Emergency Hydroaugers Project is necessary to stabilize the area because the
current rate of movement, if not significantly slowed, will result in severe impacts to public
infrastructure, utilities, and residential structures. Without the immediate implementation
of this Project, the land movement will cause the eventual closure of Palos Verdes Drive
South, a vital arterial roadway that carries approximately 15,000 vehicles per day and is
an essential evacuation route. Without the immediate implementation of this Project, the
land movement may also result in the rupturing of twin sewer trunk lines that serve
thousands of homes.
Section 4. Based on the foregoing findings, the City Council hereby approves
the implementation of the Emergency Hydraugers Project as set forth in the Public Works
Agreement Between the City of Rancho Palos Verdes and Malcolm Drilling Company,
Inc., including its Scope of Work:
1. The City Manager and Director of Public Works are hereby authorized to
finalize a scope of work for the Emergency Hydraugers Project, including determining the
scope of specific Tasks, as defined in the Agreement, as well as Task Budgets and Task
Completion Schedules; and
2. The City Manager and Director of Public Works are further directed to
finalize negotiations for the emergency public works contract with Malcolm Drilling
Company, Inc. in an amount not to exceed $9,000,000, such emergency public works
contract to be approved by the City Manager with authorization to execute change orders
for unforeseen work during the performance of such emergency repairs; and
3. The City Manager and Director of Public Works are further authorized to
undertake Emergency Hydraugers Project upon finalizing the foregoing emergency public
works contract and execution of such agreements following approval of both as to form
by the City Attorney; and
Section 5. Pursuant to Public Contract Code § 22050, The City Manager and
Director of Public Works shall report to the City Council, at the next regular meeting of
the City Council, the reasons justifying why the emergency continues to exist and why
action, outside of the normal bidding process is necessary to respond to the emergency.
Section 6. Pursuant to Public Contract Code § 22050, the City Council shall, at
every regularly scheduled meeting thereafter, consider and reaffirm by a four-fifths vote
there is a need to continue to remediate the emergency until the Emergency
Hydroaugers Project has been completed.
Section 7. This Resolution shall be effective on May 7, 2024.
The City Clerk shall certify to the passage and adoption of this resolution.
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Resolution No. 2024-25
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PASSED, APPROVED and ADOPTED by a four-fifths vote of the entire City
Council on this 21st day of May 2024.
Johniuikshank, Mayor
Attest:
City Clerk
State of California )
County of Los Angeles )
ss City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2024-25 was duly and regularly passed, by a fourth-fifths vote, and
adopted by the said City Council at a regular meeting thereof held on May 21, 2024.
City Clerk'
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Resolution No. 2024-25
Page 7 of 7
Project Name/No.: Emergency Hydraugers Project Contract No.:
Project Manager: David Copp, Deputy Director of Public Works Approved: May 7, 2024
01203.0023/981706.1 1
PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
MALCOLM DRILLING COMPANY, INC.
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into on May
7, 2024 by and between the City of Rancho Palos Verdes, a California charter city (“City”) and
Malcolm Drilling Company, Inc. a California corporation (“Contractor”). City and Contractor
may sometimes be referred to herein as a “Party” or collectively as the “Parties.”
RECITALS
A. The City of Rancho Palos Verdes is home to three active Landslide Complexes
commonly known as : the Portuguese Bend Landslide (the “PBL”), the Abalone Cove Landslide
the ACL), and the Klondike Canyon Landslide, also known as the Greater Portuguese Bend
Landslide Complex, or Landslide Complex. The landslides have been active since the 1950s.
B. The 2022- 2023 rainy season brought exceptional amounts of rain to the region. The
2022- 2023 rainy season dumped about 190% of the average annual rainfall in the region, with the
region experiencing 20.9” of rain. As a result of the increased amount of rain, all the Landslide
Complex have been subject to an alarming increase in land movement.
C. As of April 26, 2024, total rainfall for the 2023-24 season (beginning Oct 1, 2023)
was 23.01". This is 169% of the historical 67-year average of 13.63" for this rain gauge. (All data
based on LACDPW Rainfall Gauge No. 1011B at Rolling Hills FS.)
D. Beginning in 2018, but particularly since May of 2023, the land movement in the
Landslide Complex has increased significantly due to increased rainfall in the last two rainy
seasons, which caused the water table to rise dramatically and destabilize the landslides. The City
has established, via repeated geologic studies, that a significant factor in the speed of land
movement in the Districts is the amount of water in the soil.
E. Chapter 2.44 of the Rancho Palos Verdes Municipal Code (“RPVMC”) details the
powers and responsibilities of the City during emergency circumstances, which is defined in
Section 2.24.020 as “the actual or threatened existence of conditions of disaster or of extreme peril
to the safety of persons and property within this city caused by such conditions as air pollution,
fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting
from war or imminent threat of war, but other than conditions resulting from a labor controversy
which conditions are or are likely to be beyond the control of the services, personnel, equipment
and facilities of this city, requiring the combined forces of other political subdivisions to combat.”
F. After consideration of all facts reasonably available, on October 3, 2023, the City
Council proclaimed the existence of a state of local emergency within the Landslide Complex. The
state of emergency was extended, as required by statute, on November 14, 2023, December 19,
2023, February 6, 2024, March 19, 2024, and May 7, 2024. The state of emergency is anticipated
to continue throughout the execution of the work.
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Resolution No. 2024-25
Exhibit A
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01203.0023/981706.1
G. On February 4, 2024, Governor Newsom declared a state of emergency for
Southern California (including Los Angeles County) on the basis of a powerful storm that would
make landfall in the following days. 8.29" of rain were recorded from February 1 through February
9. on the Palos Verdes Peninsula region. On April 15, 2024, the President declared a federal
disaster for the areas affected by the severe winter storms, tornadoes, flooding, landslides and
mudslides from January 31 to February 9, 2024.
H. Pursuant to the authority conferred to it by RPVMC Chapter 2.24 and Section
2.42.060, as well as Public Contracts Code Section 22035, the City Council has the authority to
bypass the City’s bidding requirements for a public project to address an emergency, provided the
City complies with the requirements of Public Contracts Code Section 22050.
I. The City developed the Portuguese Bend Landslide Remediation Project
Remediation Project”) to remediate movement from the PBL. In spring 2017, the City Council
appointed then-Mayor Pro Tem Jerry Duhovic and then-Council Member Ken Dyda to a
subcommittee to identify possible solutions or strategies to remediate the PBL. This subcommittee
was formed to begin a collaborative process with community stakeholders and professional experts
from Daniel B. Stephens & Associates, Inc. and Geo-Logic Associates, Inc. (“GLA”) to identify
possible engineering solutions to remediate the PBL. Additionally, to provide a forum for
stakeholder involvement, the City Council convened a committee of concerned residents to chart
a path toward significantly reducing movement of the PBL.
J. On January 16, 2018, following a series of public workshops, Staff presented the
City Council with a draft Feasibility Study, and on June 18, 2018, a public workshop was
conducted to provide residents with a summary of the Feasibility Study and answers to their
questions. On August 7, 2018, Staff presented the City Council with the Updated Feasibility Study.
The City Council then authorized Staff to move forward with the preliminary design of the
Remediation Project.
K. In sum, the Remediation Project consists of filling fissures to prevent water
infiltration, construction of a drainage swale to convey stormwater to the ocean, and installation
of hydrauger drain arrays to intercept groundwater and extract artesian underground water; which
are all measures to prevent water from entering the ground and contributing to movement. As
development of the project was continuing through the California Environmental Quality Act
CEQA”) and final engineering process, conditions of the PBL dramatically changed. The rate
of movement increased by orders of magnitude. The project as originally envisioned will not be
viable unless the landslide is first stabilized to an acceptable rate of movement such that the various
components of the project can be installed and withstand land movement, which would not be the
case at current rates of movement.
L. Therefore, in conjunction with GLA, the City has been developing an emergency
stabilization project. The new project, the Emergency Hydraugers Project, consists of installing
emergency hydrauger arrays with underground drains to extract water. These measures must be
installed immediately to stabilize the area because the current rate of movement, if not significantly
slowed, will result in severe impacts to public infrastructure, utilities, and residential structures.
The land movement will cause the eventual closure of Palos Verdes Drive South, a vital arterial
roadway that carries approximately 15,000 vehicles per day and is an essential evacuation route.
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Resolution No. 2024-25
Exhibit A
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01203.0023/981706.1
The land movement may also result in the rupturing of twin sewer trunk lines that serve thousands
of homes. The movement has damaged utility poles with their electric and communications wires.
Many homes are at risk of red-tagging due to land movement. Finally, the PBL must be stabilized
to facilitate the Remediation Project.
M. Installation of the emergency hydraugers and the associated work requires a
specialty contractor. The pool of such contractors is very limited and the same is true for their
availability, especially when they are asked to respond in a very short time. On behalf of the City,
the GLA team screened a dozen drilling contractors with directional drilling capability, which is
necessary for the emergency hydraugers. Upon completion of the screening process, three
contractors that could meet the project requirements (i.e., directionally drill wells of required
diameter and length, and reach the target depth of 150 feet below the landslide surface) were
interviewed by GLA on behalf of the City to further vet their technical capabilities and experience.
The interview process revealed that only two of these contractors can meet the project requirements
in their entirety, Malcolm Drilling, Inc. (Malcolm) and Ellingson DTD (Ellingson). Both
contractors visited the project site twice and worked with GLA to further understand the scope of
work. Ultimately, the two contractors determined that they could only meet the project objectives
and timeline by combining their resources, with Malcolm as the prime contractor and Ellingson as
the sub-contractor. Staff directed GLA to use this expedited approach to procuring a construction
contractor because it would otherwise take several months to go through the formal bidding
process, which would significantly delay the start of construction with potentially catastrophic
consequences for the PBL.
N. Completing plans, specifications, construction documents, and cost estimates for
two hydraugers and associated work is very specialized and complex, making it very time
consuming, typically taking more than one year to complete. Given the nature of the emergency,
an unconventional approach to the design was needed. Staff determined that the fastest approach
to constructing the emergency hydraugers is a staged approach where design is progressed to a
point where construction can commence while design continues in stages that remain ahead of the
progress of construction. This means that the details of the staged scopes of work and their costs
will need to be negotiated on an ongoing basis as construction advances, as further articulated in
Exhibit A. When also considering that data collected during construction will be used to confirm
design assumptions and inform any modifications, as well as the continued movement and
changing groundwater conditions, the staged approach to design and construction becomes even
more necessary.
O. Therefore, based on the foregoing, the Parties desire to formalize the selection of
Contractor for performance of the services and desire that the terms of that performance be as
particularly defined and described herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the Parties agree as follows:
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Resolution No. 2024-25
Exhibit A
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01203.0023/981706.1
ARTICLE 1. CONTRACTOR SERVICES
1.1 Scope of Work.
The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools,
utility services, and transportation, and comply with all of the specifications and requirements set
forth in the Bid Documents for the project entitled Emergency Hydraugers Project (“Project”),
in accordance with the terms and conditions of this Agreement (the “Scope of Work”), which may
be referred to herein as the “services” or “work” hereunder. All such work shall be performed in
a good and workmanlike manner, as reasonably determined by the City, and shall be performed in
strict compliance with the Bid Documents and all local, state, and federal laws and regulations. As
used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids
for the Project and Contractor’s bid proposal(s), including but not limited to, the Request for Bids
issued by Geo-Logic Associates, Inc., on behalf of the City, Summary of Work, Instructions to
Bidders, Bid or Bid Proposal (attached hereto as Exhibit A-1 and incorporated by reference),
General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents
included, referenced, or incorporated therein, and includes additional documents related to the
Project which may be generated after the execution of this Agreement. The Bid Documents are
incorporated into this Agreement. In the event of any conflict or inconsistency between the terms
of the Bid Documents and this Agreement, the terms of this Agreement shall govern. The work
will proceed on a phased basis, as further articulated in Exhibit A.
1.2 Incorporation of Greenbook.
The provisions 2021 Edition of the Standard Specifications for Public Works Construction,
including any updates, amendments, or addenda thereto (“Greenbook”) are incorporated herein,
except as explicitly modified by the Bid Documents. In the event of any conflict or inconsistency
between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall
govern.
1.3 Incorporation of Contractor’s Standard Agreement.
The provisions of Contractor’s Standard Agreement And General Conditions Between
Owner And Constructor For A Public Works Project (“Contractor’s Agreement and
Conditions”) are attached hereto as Exhibit B and incorporated by reference. In the event of any
conflict or inconsistency between this Agreement and Contractor’s Standard Agreement, this
Agreement shall govern and take precedence over Contractor’s Agreement and Conditions.
1.4 Compliance with Labor and Wage Laws.
a) Public Work. The Parties acknowledge that the work to be performed under
this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement
is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code relating to public works contracts and the rules and regulations
established by the Department of Industrial Relations (“DIR”) implementing such statutes. The
work performed under this Agreement is subject to compliance monitoring and enforcement by
the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations.
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Exhibit A
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01203.0023/981706.1
b) Registration with DIR. Pursuant to Labor Code Section 1771.1, Contractor
and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and
during the performance of any work under this Agreement. Contractor shall notify the City in
writing immediately, and in no case more than 24 hours, after receiving any information that
Contractor’s or any of its Subcontractors’ DIR registration status has been suspended, revoked,
expired, or otherwise changed.
c) Prevailing Wages. Contractor shall pay prevailing wages as required by
Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of
per diem wages are on file at City Hall and will be made available to any interested party on
request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy
of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy
of the same at each job site where work is performed under this Agreement. If this Agreement is
subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141
et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage
applicable to each laborer.
d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the City, forfeit $200 for each calendar day, or portion thereof, for
each worker paid less than the prevailing rates as determined by the DIR for the work or craft in
which the worker is employed for any public work done pursuant to this Agreement by Contractor
or by any subcontractor.
e) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
f) Apprentices. Contractor shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor
shall be responsible for compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Contractor shall provide City with
a copy of the information submitted to any applicable apprenticeship program. Within 60 days
after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall
submit to the City a verified statement of the journeyman and apprentice hours performed under
this Agreement. It is anticipated that the Project will provide no apprenticeable occupations.
g) Eight-Hour Work Day. Contractor acknowledges that 8 hours labor
constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Sections
1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its
subcontractors shall keep an accurate record showing the name of and actual hours worked each
calendar day and each calendar week by each worker employed by them in connection with the
work performed under the terms of this Agreement. Failure to comply with these sections of the
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Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code
Section 1813.
h) Penalties for Excess Hours. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Contractor shall, as a penalty to the City, forfeit $25 for each worker employed in the
performance of this Agreement by the Contractor or by any subcontractor for each calendar day
during which such worker is required or permitted to work more than eight 8 hours in any one
calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,
Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work
performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one
week shall be permitted upon public work upon compensation for all hours worked in excess of 8
hours per day at not less than 1.5 times the basic rate of pay.
i) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers’ compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
j) Contractor’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including
without limitation, conducting a review of the certified payroll records of the subcontractor on a
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers
the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations,
and approvals as may be required by law for the performance of the services required by this
Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes,
plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
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1.6 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly
investigated and considered the Scope of Work to be performed, (ii) has carefully considered how
the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. Contractor warrants that
Contractor has or will investigate the Project site and is or will be fully acquainted with the
conditions there existing, prior to commencement of services hereunder.
1.7 Discovery of Unknown Conditions.
a) Pursuant to Public Contract Code Section 7104, Contractor shall promptly,
and before the following conditions are disturbed, notify the City, in writing, of any: (i) material
Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety
Code required to be removed to a Class I, II, or III disposal site in accordance with existing law;
ii) subsurface, unknown, or latent physical conditions at the Project site, materially different from
those indicated by information about the Project site made available to bidders prior to the deadline
for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any
unusual nature, different from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in this Agreement, and will materially affect the performance
of Contractor’s services hereunder.
b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in
Contractor’s cost of, or the time required for, the performance of any part of the work, the City
shall issue a Change Order in accordance with Section 1.11 of this Agreement.
c) The drilling operations performed by Contractor and/or its subcontractors
in strict conformance with the Project plans & specifications may impact the current slide
conditions. City shall defend, indemnify, and hold Contractor and/or its subcontractors harmless
from any and all liability suits, claims, costs, and expenses, including reasonable attorneys’ fees
which may arise out of a change in the slide conditions due to the performance of Contractor’s
work.
d) In the event that a dispute arises between City and Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase in
Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall
not be excused from any scheduled completion date set, but shall proceed with all work to be
performed under this Agreement. Contractor shall retain any and all rights provided either by
contract or by law, which pertain to the resolution of disputes and protests between the Parties.
1.8 Unidentified Utilities.
To the extent required by Government Code Section 4215, City will compensate Contractor
for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable
care, and removing or relocating utility facilities not identified by City in the Bid Documents with
reasonable accuracy, and for equipment on the Project necessarily idled during such work. Nothing
herein shall be deemed to require City to indicate the presence of existing service laterals or
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appurtenances whenever the presence of such utilities on the Project site can be inferred from the
presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to
the Project site of the construction; provided, however, nothing herein shall relieve City from
identifying main or trunklines in the plans and specifications. If Contractor, while performing the
work, discovers utility facilities not identified by City in the plans or specifications, Contractor
shall immediately notify City and the utility in writing. This Agreement is subject to Government
Code Sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification
number before excavation or be subject to liability for damages to subsurface installations.
1.9 Trench Excavation.
Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and
requires the excavation of any trench or trenches five feet or more in depth, Contractor shall
submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing,
sloping, or other provisions to be made for worker protection from the hazard of caving ground
during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the
City, or a registered civil or structural engineer employed by the City to whom authority has been
delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan
shall be prepared by a registered civil or structural engineer. This Section 1.8 shall not be deemed
to allow the use of a shoring, sloping, or protective system less effective than that required by the
Construction Safety Orders (set forth in the California Code of Regulations, Title 8, Subchapter
4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its
employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions
required for worker protection shall be considered as included in the contract price shown in the
appropriate Bid item in the Bid Documents, and no additional compensation will be allowed
therefor.
1.10 Protection and Care of Work and Materials; Safety of Personnel.
a) The Contractor shall adopt reasonable methods in light of the land
movement conditions where the work will occur, including providing and maintaining storage
facilities, during the life of this Agreement to furnish continuous protection to the work, and the
equipment, materials, papers, documents, plans, studies and/or other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the work by City, except such losses or damages as caused by City’s own
negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not,
without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the work.
b) Notwithstanding any provision of this Agreement or the Bid Documents, all
work is to be accomplished at the direction of the Project Manager. Contractor will only perform
work which is solely determined by Contractor to be safe for Contractor’s personnel and within
the safe limits and capabilities of Contractor’s equipment. In the event Contractor determines any
work to be unsafe, Contractor shall so notify the Project Manager in writing and with specificity
within 24 hours of discovering unsafe conditions.
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c) In the event that drilling operations undertaken by Contractor and/or its
subcontractors in strict accordance with the Project plans & specifications, result in the loss or
damage of any tooling, equipment, or materials owned by Contractor and/or its subcontractors,
City agrees to compensate Contractor and/or its subcontractors for the value of such lost or
damaged items.
1.11 Warranty.
a) The warranty provisions of this Agreement apply to defective of faulty
materials and equipment. Materials, equipment, or work product damaged by the movement of the
land shall not be subject to the warranty provisions of this section. Additionally, the parties reserve
the right to negotiate for specific warranty as part of each Task Proposal negotiation, and any such
Task Proposal and related Change Order will control over this general warranty section.
b) Contractor warrants all work under this Agreement (which for purposes of
this Section 1.11 shall be deemed to include unauthorized work which has not been removed or
corrected and any non-conforming construction or materials incorporated into the work) to be of
good quality and free from any defective or faulty material and workmanship.
c) Contractor agrees that for a period of one year (or the period of time
specified elsewhere in this Agreement, or the Bid Documents, or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the work,
whichever is later) after the date of final acceptance by the City for the Project, Contractor shall
within 10 days after being notified in writing by the City of any defect in the work or
non-conformance of the work to the requirements under this Agreement, commence and prosecute
with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and
expense.
d) Notwithstanding the foregoing, Contractor shall act as soon as requested by
the City in response to any emergency condition or situation. In addition, Contractor shall, at its
sole cost and expense, repair, remove and replace any portions of the work (or work of its sub-
contractors) damaged by its defective work or which becomes damaged in the course of repairing
or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to
correct defective work shall be reinstated for an additional one year period, commencing with the
date of acceptance of such corrected work. Contractor shall perform such tests as the City may
require to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of this Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor.
e) All warranties and guarantees of subcontractors, suppliers and
manufacturers with respect to any portion of the work, whether express or implied, are deemed to
be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties
and guarantees have been transferred or assigned to the City by separate agreement and Contractor
agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event
that Contractor fails to perform its obligations under this Section, or under any other warranty or
guaranty under this Agreement or the Bid Documents, to the reasonable satisfaction of the City,
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the City shall have the right to correct and replace any defective or non-conforming work at
Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any
expenses incurred hereunder upon demand.
1.12 Inspection by City.
In connection with the performance of this Agreement, the City shall have the authority to
enter the worksite at any time for the purpose of identifying the existence of conditions, either
actual or threatened, that may present a danger or hazard to any and all employees. The Contractor
agrees that the City, in its sole authority and discretion, may order the immediate abatement of any
and all conditions that may present an actual or threatened danger or hazard to any and all
employees at the worksite.
The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which
requires that employers shall furnish employment and a place of employment that is safe and
healthful for all employees working therein. In the event the City identifies the existence of any
condition that presents an actual or threatened danger or hazard to any or all employees at the
worksite the City is hereby authorized to order the immediate abatement of that actual or threatened
condition pursuant to this section.
The City may also, at its sole authority and discretion, issue an immediate stop work order
to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or
hazardous condition. Any stop work order issued by the City to the Contractor in accordance with
the provisions of this section shall not give rise to any claim or cause of action for delay damages
by the Contractor or the Contractor’s agents or subcontractors against the City.
1.13 Additional Work and Change Orders.
a) City shall have the right at any time during the performance of the services,
without invalidating this Agreement, to order extra work beyond that specified in the Scope of
Work or make changes to the work by altering, adding to or deducting from said work. No such
extra work may be undertaken unless a written change order is first given by the Project Manager
to the Contractor, incorporating therein any adjustment in (i) the Contract Sum (as defined below),
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Contractor (Change Order). All Change Orders must be signed by the Contractor
and Project Manager (or his or her designee) prior to commencing the extra work thereunder.
b) Contractor shall be entitled to compensation for any additional work
required as a result of mitigation measures taken to address changes in slide conditions or any
other unforeseen circumstances or Unknown Conditions.
c) Any increase in compensation of up to 10% of the Contract Sum or
250,000, whichever is less; or any increase in the time to perform of up to one hundred 180 days
may be approved by the Project Manager, provided that such increase does not materially affect
the work in a detrimental manner or materially and detrimentally affect the interest of the City.
Any greater increases, taken either separately or cumulatively, must be approved by the City
Council.
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d) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Contractor’s Bid attached hereto as Exhibit A-1. If the
rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and the Project
Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order that is completed to the satisfaction of the City, as follows:
i) Labor: The cost of labor shall be the actual cost for the wages of
workers and subcontractors performing the work for the Change Order at the time such work is
performed. The use of labor classifications that would increase the cost of such work shall not be
permitted.
ii) Materials and Equipment: The cost of materials and equipment shall
be at cost to Contractor or the lowest current price for which such materials and equipment are
reasonably available at the time the work is performed, whichever is lower.
iii) Daily Reporting: Contractor must provide a daily report that
includes all invoices for labor, materials and equipment costs for the work under the Change Order.
The daily report must include the following: list of names of workers, classifications, and hours
worked; description and list of quantities of materials used; type of equipment, size, identification
number, and hours of operation, including loading and transportation, if applicable; description of
other City authorized services and expenditures in such detail as the City may require. Failure to
submit a daily report by the close of the next working day may, at the City’s sole and absolute
discretion, waive the Contractor’s rights to payment for the work performed for that day.
e) It is expressly understood by Contractor that the provisions of this section
shall not apply to services specifically set forth in the Scope of Work. Contractor hereby
acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work
may be more costly or time consuming than Contractor anticipates and that Contractor shall not
be entitled to additional compensation; provided that City and Contractor may negotiate additional
compensation for unknown underground conditions that could not have been discovered through
Contractor’s due diligence (Unknown Conditions). City may in its sole and absolute discretion
have similar work done by other contractors.
f) In the event Contractor encounters Unknown Conditions, it shall notify the
Project Manager in writing within 48 hours of discovering the conditions. Within 10 days,
Contractor shall provide a detailed description of the Unknown Conditions and, if feasible, a
proposed Change Order to a specific Task to resolve the Unknown Conditions. If not feasible,
Contractor, the Project Manager, and the City’s geotechnical engineering consultant will confer
with all due haste to draft a detailed Change Order, which shall include a revised timeline and
budget for completion of the Task.
g) No claim for an increase in the Contract Sum or time for performance shall
be valid unless the procedures established in this section are followed.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Compensation.
a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor
the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A-1 and incorporated herein
by this reference. Subject to any additions or deductions that may be made by Change Order (as
defined below) or amendment, and any penalties or damages that may be assessed against
Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s
expenses, not to exceed $9,000,000 (Nine Million Dollars) (Contract Sum) for completion of the
work; provided that, the full extent of the work to complete the Project may be amended as the
work progresses and informs later Tasks. The Contract Sum shall be finalized to reflect the work,
as directed by the Project Manager and completed by Contractor, in accordance with the rates
provided in Exhibit A-1, or as may be negotiated by the parties for each Task. The Contract Sum
shall constitute full compensation for furnishing all materials and for doing all the work
contemplated by this Agreement until its acceptance by the City, and for well and faithfully
completing the work, and the whole thereof, in the manner and according to the plans and
specifications, and the requirements of the Bid Documents and this Agreement.
b) Compensation shall be made in the form of progress payments and a final payment
as provided in this Section 2 and the Bid Documents.
c) Compensation shall include reimbursement for actual and necessary expenditures
for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager
in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in a City-approved Task Proposal, in accordance with Exhibit A. City shall
reimburse Contractor or its subcontractors in the event that any of the work undertaken pursuant
to this Agreement results in the loss of or damage to any tools, equipment, or materials owned by
Contractor and its subcontractors, based on the value of the tools, equipment, or materials at the
time they are lost or damaged.
d) The Contract Sum shall include the attendance of Contractor at all project meetings
reasonably deemed necessary by the City. Coordination of the performance of the work with City
is a critical component of the services. If Contractor is required to attend additional meetings to
facilitate such coordination, Contractor shall not be entitled to any additional compensation for
attending said meetings.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance
with all provisions of this Agreement.
All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified
Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage
rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors
providing services under this Agreement, as applicable, with Contractor’s first invoice. If these
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rates change at any time during the term of this Agreement, Contractor shall submit a new list of
rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment.
City shall independently review each invoice submitted by the Contractor to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Contractor
which are disputed by City, City will cause Contractor to be paid within 45 days of receipt of
Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that
due to City’s warrant run procedures, the City cannot guarantee that payment will occur within
this time period. In the event that City does not cause Contractor to be paid within 45 (days of
receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the
payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Contractor, not later than 7 days after receipt by the City, for correction and resubmission.
Returned invoices shall be accompanied by a document setting forth in writing the reasons why
the payment request was rejected. Review and payment by the City of any invoice provided by the
Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable
law (with respect to any defects in the work performed by Contractor, or otherwise).
2.4 Retention.
City will deduct a 5% retention from all progress payments. In accordance with Public
Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit
the substitution of securities for any moneys withheld by City to ensure performance under this
Agreement. The retention held by the City shall be released within 60 days after the date of
completion of the work per task, as required by Government Code Section 7107. In the event of a
dispute between City and Contractor, City may withhold from the final payment an amount not to
exceed 150% of the disputed amount.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall begin work within 5 (five) days after receiving a Notice to Proceed from
the City and the work is anticipated to be completed within 120 consecutive working days from
the date on which Contractor received the Notice to Proceed, provided that the Task Schedule for
each Task shall govern. Time is of the essence. If the work is not completed within the time period
provided for each Task, liquidated damages shall apply as set forth below.
3.2 Force Majeure
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
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litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
10 days of the commencement of such delay notify the Project Manager in writing of the causes
of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the
time for performing the services for the period of the enforced delay when and if in the judgment
of the Project Manager such delay is justified. The Project Manager’s determination shall be final
and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to
recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.3 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach of this Agreement,
the Contractor and its sureties shall be liable for and shall pay to the City the sum of $2,500 (Two
Thousand Five Hundred Dollars) as liquidated damages for each working day of unreasonable
delay in the performance of any service required hereunder. Unreasonable delay is defined to mean
work stoppage longer than 5 days that is caused by the Contractor, and does not include work
stoppage due to third parties, materials or equipment failure, delay in materials or equipment
delivery, damage caused by land movement, or newly identified Unknown Conditions. Contractor
shall under no circumstances be liable to City for any indirect, consequential or exemplary
damages arising out of or relating to this Agreement.
The City may withhold any accrued liquidated damages from any monies payable on
account of services performed by the Contractor. To the extent required by Government Code
Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the
work when such delay was caused by the failure of the City or owner of a utility to provide for
removal or relocation of utility facilities. Liquidated damages will be capped at 5% (five percent)
of the Contract Sum, as that amount may be updated per Section 2.1.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either
during performance or when completed. If City finds that Contractor’s work does not meet the
requirements and standards provided in the Bid Document, Contractor shall remedy any defects in
the work at Contractor’s sole expense following notice by the City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining
to warranty and indemnification and insurance, respectively.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the
principals and representatives of Contractor authorized to act on its behalf with respect to the work
specified herein and make all decisions in connection therewith:
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Brock Nieuwkoop _________ VP, SoCal District Manager _
Name) (Title)
Joseph Hakim ____________ Construction/Project Manager
Name) (Title)
Rosalio Galindo __________ General Superintendent _____
Name) (Title)
Jeremiah Martin __________ On-Site Superintendent _____
Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Contractor shall not at any time or in any manner represent that Contractor or any
of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or
agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Project Manager.
The Project Manager for the City shall be David Copp, Deputy Director of Public Works
or any other person as the Director of Public Works may designate. It shall be the Contractor’s
responsibility to assure that the Project Manager is kept informed of the progress of the
performance of the services and the Contractor shall refer any decisions which must be made by
City to the Project Manager. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Project Manager. The Project Manager shall have
authority, if specified in writing by the City Manager or his/her designee, to sign all documents on
behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Contractor, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge,
supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor.
4.5 Subcontracting.
The experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. Subcontractors may be added
to resolved Unknown Conditions. All subcontractors shall obtain, at its or Contractor’s expense,
such licenses, permits, registrations and approvals (including from the City) as may be required by
law for the performance of any services or work under this Agreement.
4.6 Assignment.
Neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors
or otherwise, without the prior written approval of City, which shall not be unreasonably withheld.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than 25% of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. This limitation shall not apply to assignments to any
company that is a subsidiary or parent company of Contractor. In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer
shall release the Contractor or any surety of Contractor of any liability hereunder without the
express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification obligation to the City (as set forth below),
and prior to commencement of any services under this Agreement, Contractor shall obtain, provide
and maintain at its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City.
a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
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an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted. The Product and Completed Operations coverage under the policy shall extend a
minimum of three years after completion of the Project. Coverage shall be included on behalf of
the insured for covered claims arising out of the actions of independent contractors. If the insured
is using subcontractors, the policy must include work performed “by or on behalf” of the insured.
The policy shall contain no language that would invalidate or remove the insurer’s duty to defend
or indemnify for claims or suits expressly excluded from coverage. The policy shall specifically
provide for a duty to defend on the part of the insurer.
b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course
of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal
to the completed value of the Project and no coinsurance penalty provisions or provisional limit
provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship,
nonconforming work, omission or deficiency in design or specifications; (2) coverage against
machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the
buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties
constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding,
demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier
or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key
equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if
applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any
property or equipment stored either on or off the Project site or any staging area.
f) Pollution Liability Insurance. Contractor shall maintain Environmental
Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form
acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual
pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
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policy as “covered operations.” The policy shall provide coverage for the hauling of waste from
the Project site to the final disposal location, including non-owned disposal sites.
5.2 General Insurance Requirements.
a) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
b) Proof of Insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
c) Duration of Coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
d) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
e) City’s Rights of Enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary, and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay the premium from any payments due to the Contractor. In the alternative, City may cancel
this Agreement.
f) Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
g) Enforcement of Contract Provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
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Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
h) Requirements Not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 day notice of cancellation (except for nonpayment
for which a 10 day notice is required) or nonrenewal of coverage for each required coverage.
j) Additional Insured Status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
k) Prohibition of Undisclosed Coverage Limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
l) Separation of Insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
m) Pass Through Clause. Contractor agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the Project who is brought onto or involved in
the Project by Contractor, provide the same minimum insurance coverage and endorsements
required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this Section. Contractor agrees that upon request, all agreements with subconsultants,
subcontractors, and others engaged in the Project will be submitted to City for review.
n) Agency’s Right to Revise Specifications. The City reserves the right at any
time during the term of this Agreement to change the amounts and types of insurance required by
giving the Contractor 90 days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s
compensation.
o) Self-Insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
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lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
p) Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
q) Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
Except as provided below, Contractor shall indemnify, defend with legal counsel approved
by City, and hold harmless City, its officers, officials, employees, agents, representatives, and
volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost
including, without limitation, reasonable legal counsel fees, expert fees and all other costs and
fees of litigation) of every nature arising out of or in connection with Contractor’s (or its
employees’, officers’, agents’, or subcontractors’; collectively, “Contractor”) performance of the
work hereunder or its failure to comply with any of its obligations contained in this Agreement,
including any injuries to or death of any person (including, but not limited to, workers and the
public), or damage to property resulting from the construction of the work or by or in consequence
of any negligence regarding the work, use of improper materials or equipment in construction of
the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor’s
obligations under this Agreement, or by or on account of any act or omission by the Contractor
during the progress of the work or at any time before the completion and final acceptance of the
Project by the City, except with respect to any loss or damage which is caused by the sole or active
negligence or willful misconduct of the Indemnitees as determined by a court of competent
jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing
both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable,
then Contractor shall reimburse the City its costs of defense, including, without limitation,
reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. Contractor shall
promptly pay any final judgment rendered against the Indemnitees with respect to claims
determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or
wrongful performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California and will
survive termination of this Agreement.
Contractor’s obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine
or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In
instances where City or its Indemnitees is shown to have been actively negligent and where City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
Contractor will be for that entire portion or percentage of liability not attributable to the active
negligence of the City.
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Contractor shall ensure that the performance of any work hereunder is done in compliance
with all applicable state, local and federal rules, laws and regulations related to accessibility and
reasonable accommodations and modifications for persons with disabilities, including but not
limited to the Americans with Disabilities Act as amended, 42 U.S.C. § 12101 et seq., and its
implementing regulations at 28 C.F.R. Parts 35 and 36 (ADA), and § 504 of the Rehabilitation Act
of 1973, as amended, and as applicable, 29 U.S.C. 701 and the implementing regulations at 24
C.F.R. Parts 8, the Fair Housing Act as amended, 42 U.S.C. 3601, et seq. and its implementing
regulations at 24 CFR Parts 100, the Fair Employment and Housing Act, California Government
Code § 12926, Title 24 of the California Building Code, and any requirements of the City.
Contractor hereby agrees to indemnify, defend, and hold City and all City Representatives free
and harmless against any and all Losses and Liabilities arising from its failure to perform any work
hereunder in accordance with all applicable disability access requirements and requirements under
the Americans with Disability Act and its implementing regulations.
Contractor’s duty to indemnify and hold harmless shall not extend to any impact that
drilling operations may have on the land movement, except to the extent such impacts are due to
the negligence of Contractor.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the
work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs
incurred in providing such notification.
5.5 Performance, Labor, and Warranty Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City the
following bonds in the form required under the Bid Documents or otherwise by the City Clerk:
a) A performance bond securing the faithful performance of this Agreement,
in an amount not less than 100% of the Contract Sum, as stated in Section 2.1 (“Performance
Bond”).
b) A labor and materials bond, securing the payment of all persons furnishing
labor and/or materials in connection with the work under this Agreement, in an amount not less
than 100% of the Contract Sum, as stated in Section 2.1 (“Payment Bond”).
c) The parties reserve the right to negotiate for specific warranty bonds as part
of each Task Proposal negotiation. Any warranty bonds negotiated as part of a Task Proposal shall
guarantee the Contractor's warranty under section 1.10 of this Agreement.
The bonds shall each contain the original notarized signature of an authorized officer of
the surety and affixed thereto shall be a certified and current copy of his/her power of attorney.
The bonds shall be unconditional and remain in force during the entire term of this Agreement.
City shall release the Performance Bond and Payment Bond when the following have
occurred: (a) Contractor has made a written request for release and provided evidence of
satisfaction of all other requirements under Article 5 of this Agreement, (b) the work for the Project
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has be finally accepted by the City, and (c) after passage of the time within which lien claims are
required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall
hold the Payment Bond until such claims have been resolved, Contractor has provided statutory
bond, or otherwise as required by applicable law.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated “A” or higher in the most recent edition of
Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or larger, unless otherwise approved by the City’s Risk Manager due
to unique circumstances. In addition, the insurance carrier must be currently authorized by the
Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus
Line Insurers issued by the State of California. If the City determines that the work to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Contractor
agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may
be changed accordingly upon receipt of written notice from the City.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll
records in compliance with all applicable laws, or other documents relating to the disbursements
charged to City and services performed hereunder (the “books and records”), as shall be
necessary to perform the services required by this Agreement and enable the Project Manager to
evaluate the performance of such services. Any and all such documents shall be maintained in
accordance with generally accepted accounting principles and shall be complete and detailed. The
Project Manager shall have full and free access to such books and records at all times during
normal business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records. Such records shall be maintained for a period of 3 years following
completion of the services hereunder, and the City shall have access to such records in the event
any audit is required. In the event of dissolution of Contractor’s business, custody of the books
and records may be given to City, and access shall be provided by Contractor’s successor in
interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing
access to the books and records if a public records request is made and disclosure is required by
law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager such reports
concerning the performance of the services required by this Agreement as the Project Manager
shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees
that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein,
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Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event
and the estimated increased or decreased cost(s) related thereto.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Contractor, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Project Manager or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City’s sole risk and without
liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use,
reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor
shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event
Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
a) Information gained or work product produced by Contractor in its
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Project Manager.
b) Contractor, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Project Manager or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Contractor gives City notice of such court order or subpoena.
c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
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with respect to the Project. City retains the right, but has no obligation, to represent Contractor or
be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Contractor. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the Parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Termination.
This Agreement may be terminated in accordance with Sections 6-7 and 6-8 of the
Greenbook.
7.3 Dispute Resolution Process.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing
informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to
resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the
Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on
construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section
9204 of the California Public Contract Code. This Section shall be construed to be consistent with
said statutes.
For purposes of these procedures, “claim” means a separate demand by the Contractor,
after the City has denied Contractor’s timely and duly made request for payment for extra work
and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from
work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is
not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount
the payment of which is disputed by the City.
The following requirements apply to all claims to which this Section applies:
a) Claim Submittal. The claim shall be in writing and include the documents
necessary to substantiate the claim. Claims governed by this procedure must be filed on or before
the date of final payment. Nothing in this Section is intended to extend the time limit or supersede
notice requirements otherwise provided in this Agreement for the filing of claims, including all
requirements pertaining to compensation or payment for extra work, disputed work, and/or
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changed conditions. Failure to follow such contractual requirements shall bar any claims or
subsequent lawsuits for compensation or payment thereon.
b) Supporting Documentation. The Contractor shall submit all claims in the
following format:
i) Summary of the claim, including references to the specific Bid
Document provisions or provisions under this Agreement upon which the claim is based.
ii) List of documents relating to claim: (a) Specifications, (b)
Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.
iii) Chronology of events and correspondence related to the claim.
iv) Statement of grounds for the claim.
v) Analysis of the claim’s cost, if any.
vi) Analysis of the claim’s time/schedule impact, if any.
c) City’s Response. Upon receipt of a claim pursuant to this Section, City shall
conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide
the Contractor a written statement identifying what portion of the claim is disputed and what
portion is undisputed. Any payment due on an undisputed portion of the claim will be processed
and made within 60 days after the City issues its written statement.
i) If the City needs approval from the City Council to provide the
Contractor a written statement identifying the disputed portion and the undisputed portion of the
claim, and the City Council does not meet within the 45 days or within the mutually agreed to
extension of time following receipt of a claim sent by registered mail or certified mail, return
receipt requested, the City shall have up to three days following the next duly publicly noticed
meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor
a written statement identifying the disputed portion and the undisputed portion.
ii) Within 30 days of receipt of a claim, the City may request in writing
additional documentation supporting the claim or relating to defenses or claims the City may have
against the Contractor. If additional information is thereafter required, it shall be requested and
provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
iii) The City’s written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15
days) after receipt of the further documentation, or within a period of time no greater than that
taken by the Contractor in producing the additional information or requested documentation,
whichever is greater.
d) Meet and Confer. If the Contractor disputes the City’s written response, or
the City fails to respond within the time prescribed, the Contractor may so notify the City, in
writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s
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failure to respond within the time prescribed, respectively, and demand an informal conference to
meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall
schedule a meet and confer conference within 30 days for settlement of the dispute.
e) Mediation. Within 10 business days following the conclusion of the meet
and confer conference, if the claim or any portion of the claim remains in dispute, the City shall
provide the Contractor a written statement identifying the portion of the claim that remains in
dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim
shall be processed and made within 60 days after the City issues its written statement. Any disputed
portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding
mediation, with the City and the Contractor sharing the associated costs equally. The City and
Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of
the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
i) If the Parties cannot agree upon a mediator, each Party shall select a
mediator and those mediators shall select a qualified neutral third party to mediate with regard to
the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator.
ii) For purposes of this section, mediation includes any nonbinding
process, including, but not limited to, neutral evaluation or a dispute review board, in which an
independent third party or board assists the Parties in dispute resolution through negotiation or by
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.
iii) Unless otherwise agreed to by the City and the Contractor in writing,
the mediation conducted pursuant to this Section shall excuse any further obligation under Public
Contract Code Section 20104.4 to mediate after litigation has been commenced.
iv) All unresolved claims shall be considered jointly in a single
mediation, unless a new unrelated claim arises after mediation is completed.
f) City’s Responses. The City’s failure to respond to a claim from the
Contractor within the time periods described in this Section or to otherwise meet the time
requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim
that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise
meet the time requirements of this Section, shall not constitute and adverse finding with regard to
the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to
respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed
claims.
g) Government Code Claims. If following the mediation, the claim or any
portion remains in dispute, the Contractor must comply with the claim procedures set forth in
Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government
Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited
to those matters that remain unresolved after all procedures pertaining to extra work, disputed
work, construction claims, and/or changed conditions, including any required mediation, have
been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite
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contractual requirements are not satisfied, no action against the City may be filed. A Government
Code claim must be filed no earlier than the date that Contractor completes all contractual
prerequisites to filing a Government Code claim, including any required mediation. A Government
Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the
Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the
running of the period of time within which a claim must be filed shall be tolled from the time the
Contractor submits his or her written claim to the City until the time the claim is denied, including
any period of time utilized by the meet and confer conference or mediation that does not result in
a complete resolutions of all claims.
h) Civil Actions for Claims of $375,000 or Less. The following procedures are
established for all civil actions filed to resolve claims totaling $375,000 or less:
i) Within 60 days, but no earlier than 30 days, following the filing or
responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by
mutual stipulation of both Parties or unless mediation was held prior to commencement of the
action in accordance with Public Contract Code Section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both Parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
ii) If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part
4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration.
iii) Upon stipulation of the Parties, arbitrators appointed for these
purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators
and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their
customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case
of arbitration where the arbitrator, for good cause, determines a different division.
iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award
requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment
of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising
out of the trial de novo.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
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Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies Are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other Party.
7.6 Unfair Business Practices Claims.
Pursuant to Public Contract Code Section 7103.5, in entering into this Agreement,
Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright
Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services or materials related to this
Agreement. This assignment shall be made and become effective at the time the City tenders final
payment to the Contractor without further acknowledgment by the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Contractor’s performance of services under this
Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Project Manager. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to this
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any State
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statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, there shall be no discrimination against or segregation of, any
person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Provisions Required By Law.
Each and every provision of law and clause required by law to be inserted in this Agreement
shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it
were included herein. If through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon application of either Party, this Agreement shall forthwith be
amended to make such insertion or correction.
9.2 Notices.
Any notice, demand, request, document, consent, approval, or communication either Party
desires or is required to give to the other Party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the Project Manager, City of
Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, and in the
case of the Contractor, to the person(s) at the address designated on the execution page of this
Agreement. Either Party may change its address by notifying the other Party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in 72
hours from the time of mailing if mailed as provided in this Section.
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9.3 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.4 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.5 Integration; Amendment.
This Agreement, together with the documents incorporated herein (including the
Greenbook and the Bid Documents) and the exhibits attached hereto constitutes the entire,
complete and exclusive expression of the understanding of the Parties with respect to the subject
matter hereof. It is understood that there are no oral agreements between the Parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any, between the Parties, and none
shall be used to interpret this Agreement. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by the Contractor and by the City Council. The
Parties agree that this requirement for written modifications cannot be waived and that any
attempted waiver shall be void.
9.6 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder
unless the invalid provision is so material that its invalidity deprives either Party of the basic
benefit of their bargain or renders this Agreement meaningless.
9.7 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which they are directly or indirectly interested, or in
violation of any corporation, partnership, or association in which they are directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
financial interest” shall be consistent with State law and shall not include interests found to be
remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that they have not engaged in any act(s), omission(s),
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or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
9.8 Corporate Authority; Successors & Assigns.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such
Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other agreement to which said Party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
John Cruikshank, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
Elena Q. Gerli, City Attorney
CONTRACTOR:
MALCOLM DRILLING COMPANY INC., a
California corporation
By:
Name: Brock Nieuwkoop
Title: District Manager / Vice President
By:
Name: Jason Malcolm
Title: Chief Operating Officer / President
Address:Malcolm Drilling Co., Inc.
4926 N. Azusa Canyon Rd.
Irwindale, CA 91706
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT A
SCOPE OF SERVICES
I. Contractor shall perform all of the work and comply with all of the specifications
and requirements in the Bid Documents for the Project, including any documents or
exhibits referenced therein.
II. Brief description of the work to be performed:
The Project will consist of an array of underground drains at the toe of the landslide to
extract water trapped below ground. The specific location of this underground drain array
was selected to target the area of largest movement in the PBL, the southeastern portion of
the toe of the PBL. The specific location for this drain array is relatively accessible, has a
power source nearby, and is close to groundwater discharge points.
Another emergency hydrauger underground drain array is anticipated at the head of the
PBL to reduce the intensity of artesian pressure at the toe of the PBL by intercepting
groundwater flow causing the pressure. This underground drain array will be located at the
only other practically accessible location at this time, based on rates of land movement and
ground conditions.
Details of the Project may change as conditions are uncovered by the drilling and
installation process. Changes to the scope of the Project shall be reflected in each Request,
per Section III, below.
The work shall be performed on a 10 hour/day, 6 days/week basis.
III. The work shall proceed by Task or Phase (referred to as Task for convenience), the
scope of each of which will be provided by the City as soon as the parameters and
engineering design for each Task are completed by the City (including any of its
consultants), with input from the Contractor, the City’s geotechnical engineering
consulting firm, and the City’s geologist. The following process shall apply.
A. Each Task to be performed shall be set forth in a written request (“Request”)
provided by the City with a description of the work to be performed, and the time
desired for completion. All Tasks shall be carried out in conformity with all
provisions of this Agreement.
B. Following receipt of the Request, the Contractor shall prepare a “Task Proposal”
that includes the following components:
1. a written description of how the requested Task will be performed (“Task
Description”), including all components and subtasks required engineering,
and including any clarifications of the descriptions provided in the Request;
2. the costs to perform the task (“Task Budget”), including a detailed bid
schedule, to be developed using the critical path schedule methodology; and
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based on agreed rates in Exhibit A-1, or as may otherwise be negotiated by the
parties.
3. a schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
4. Task Proposals, Task Budgets, and Task Completion Schedules shall be
developed while prior Tasks are in process, with the goal of continuous
construction on all phases of the Project.
C. The Project Manager shall approve the Task Proposal or require modifications in
writing, and issue a Notice to Proceed when a written agreement has been reached
on the Task Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget, provided that
unknown conditions discovered following commencement of work, which could
have been discovered despite the Contractor’s due diligence, may be approved
pursuant to a change order.
E. Contractor shall complete the Task and deliver all deliverables to Project Manager
by the Task Completion Date and in accordance with the Task Completion
Schedule, subject to any extension granted due to schedule impact generated by
unknown conditions discovered following commencement of work and approved
pursuant to a Change Order
IV. In addition to the requirements of Section 6.2, during performance of the Services,
Contractor will keep the City appraised of the status of performance by delivering
the following status reports:
A. Contractor shall provide to City a weekly written summary of progress on all
approved Tasks with specific reference to the Project Manager-approved Task
Completion Schedule(s).
B. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered
and accepted prior to any progress payment up until the date that work is being
invoiced for.
C. Certified payroll will be delivered to the City biweekly. Certified payroll must be
delivered and accepted prior to any progress payment up until the date that work is
being invoiced for.
V. All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and
accepted by City.
VI. Contractor will utilize the following management personnel to accomplish the
Services:
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A. Brock Nieuwkoop, VP, SoCal District Manager
B. Joseph Hakim, Construction/Project Manager
C. Rosalio Galindo, General Superintendent
D. Jeremiah Martin, On-Site Superintendent
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EXHIBIT A-1
CONTRACTOR’S BID PROPOSAL
Attached]
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EXHIBIT B
CONTRACTOR’S STANDARD TERMS AND CONDITIONS
Attached]
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EXHIBIT C
BOND FORMS
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PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things
stand and abide by, well and truly keep and perform all undertakings, terms, covenants,
conditions, and agreements in the said Contract and any alteration thereof, made as therein
provided, all within the time and in the manner designated and in all respects according to their
true intent and meaning, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the
Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
Seal if Corporation) By
Title
Attach Acknowledgment of Authorized Representative of Principal)
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Exhibit A
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Any claims under this bond may be addressed to:
name and address of Surety)
name and address of Surety's agent for service
of
process in California, if different from above)
telephone number of Surety's agent in
California)
Attach Acknowledgment)
SURETY
By
Attorney-in-Fact)
APPROVED:
Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
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PAYMENT BOND
Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work, materials, services, provisions, provender, or other supplies, or for the use of implements
of machinery, used in, upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in
Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code
with respect to work or labor performed under the contract; and/or (4) for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor, then the Surety herein
will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is
required to engage the services of an attorney in connection with the enforcement of this bond,
each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of such change, extension of time, alteration, or modification of the Contract Documents or of
the work to be performed thereunder.
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Executed on , 20____.
PRINCIPAL
Seal if Corporation) By
Title
Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
name and address of Surety)
name and address of Surety's agent for service
of process in California, if different from above)
telephone number of Surety's agent in
California)
Attach Acknowledgment)
SURETY
By
Attorney-in-Fact)
APPROVED:
Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
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WARRANTY
BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES (“City”) and
Contractor”) have entered into an
agreement for [describe project or work]; and
WHEREAS, Contractor is required under the terms of the
Agreement to furnish warranty security for the work performed pursuant
to the Agreement in the amount of 10% of the Contract Sum, to
guarantee replacement and repair of the improvements as described in
the Agreement for a period of one year following the date of recordation
of the notice of acceptance of the Improvements against any defective
work or labor done, or defective materials furnished.
NOW, THEREFORE, we, the Contractor, and
as Surety, are held and firmly bound unto
the City for the sum of $_______ being not less than 10% of the amount
payable by the terms of the Agreement, for the payment of which sum
well and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these
presents.
The condition of this obligation is such that if Contractor shall
indemnify City for all loss that City may sustain by reason of any
defective materials or workmanship which become apparent during the
period of one year from and after acceptance of the improvements by
the City Council, then this obligation shall be null and void; otherwise,
this obligation shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the
amount specified, costs and reasonable expenses and fees shall be
included, including reasonable attorneys’ fees incurred by City in
successfully enforcing the obligation, all to be taxed as costs and
included in any judgment rendered.
Surety’s obligations hereunder are independent of the obligations
of any other surety for the performance of the Agreement, and suit may
be brought against Surety and such other sureties, jointly and severally,
or against any one or more of them, or against less than all of them
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without impairing the City’s rights against the others.
No right of action shall accrue on this bond to or for the use of any
person or corporation other than the City or its successors or assigns.
Surety shall provide City with thirty (30) days’ written notice of
Contractor’s default prior to Surety terminating, suspending or revoking
the bond.
The Surety hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Agreement or to the work
to be performed thereunder or the Plans & Specifications accompanying
the same shall in any way affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the work or to the Plans &
Specifications.
signatures on next page]
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IN WITNESS WHEREOF, the above-bound parties have
executed this instrument under their seals on ____________, 20__,
the name and corporate seal of each corporate body being hereto
affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Contractor)
By
Signature
Print Name
Title
Note:
To be signed by Contractor
and Surety and
acknowledgment and
notarial seal attached.
Surety)
Address)
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By
Signature
Print Name
Title
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EXHIBIT C
INSURANCE FORMS
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WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance with the requirements of Article 5 of the Contract and is in force at this time, and is
in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
Each Accident
Disease - Policy Limit
Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
Company Representative)
SEE NOTICE ON NEXT PAGE)
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Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured for the policy period
indicated, notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate may be issued or may pertain, the insurance afforded by the
policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called
for is provided by more than one insurance company, a separate certificate in the exact above form
shall be provided for each insurance company.
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ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“ Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
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to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California
90275.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
Contractual Liability Explosion Hazard
Owners/Landlords/Tenants Collapse Hazard
Manufacturers/Contractors Underground Property Damage
Products/Completed Operations Pollution Liability
Broad Form Property Damage Liquor Liability
Extended Bodily Injury
Broad Form Comprehensive
General Liability Endorsement
12. A deductible or self-insured retention (check one) of $
applies to all coverage(s) except:
if none, so state). The deductible is applicable per claim or per occurrence (check one).
13. This is an occurrence or claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number .
signatures on following page)
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Exhibit A
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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Exhibit A
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ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“ Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
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to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
Any Automobiles Truckers Coverage
All Owned Automobiles Motor Carrier Act
Non-owned Automobiles Bus Regulatory Reform Act
Hired Automobiles Public Livery Coverage
Scheduled Automobiles
Garage Coverage
12. A deductible or self-insured retention (check one) of $
applies to all coverage(s) except: (if none, so state). The deductible is applicable
per claim or per occurrence (check one).
13. This is an occurrence or claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
signatures on following page)
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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Exhibit A
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ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“ Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
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8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
Following Form
Umbrella Liability
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A deductible or self-insured retention (check one) of $
applies to all coverage(s) except:
if none, so state). The deductible is applicable per claim or per occurrence (check one).
14. This is an occurrence or claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
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signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
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Exhibit A
Page 60 of 157
Attachment No. 1
Contractor’s Bid Proposal
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Exhibit A
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Type here]
Malcolm Drilling Company, Inc.
Contractor’s License No. 259543
DIR Public Works Contractor Registration No. 1000003389
Attention: Ramzi Awwad
Public Works Director
Department of Public Works
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Subject: DRAFT Proposal for Installation of Hydrauger Arrays E-1 and E-2
Portuguese Bend Landslide
Rancho Palos Verdes, California
Dear Mr. Awwad:
Malcolm Drilling, Inc. (MDCI) is pleased to present the attached “DRAFT” proposal to the City of Rancho
Palos Verdes (City). The content of this proposal is based upon the remedial design for the Portuguese
Bend Landslide (PBLS) developed by Geo-Logic Associates, Inc. (GLA). MDCI understands that the
remedial measures will be implemented in two phases. Our draft proposal is for Phase I of the remedial
project (project) which calls for the installation of hydrauger arrays E-1 and E-2 Lower (directionally
drilled and installed by our subcontractor).
Each well profile geometry is established and developed based upon investigation bores installed by
MDCI under direction of GLA and interpretation of the data collected by GLA. A series of exploratory
wells (sonic drilled) with instrumentation will be employed to determine the actual phreatic and artesian
surface within each array prior to finalizing the horizontal well profiles.
Our proposal is based upon information conveyed to MDCI by GLA, i.e. several iteration of Interim
Drawings Not issued for Construction, Site Visits, meetings and presentations. MDCI also reviewed
preliminary remedial design drawings developed by GLA and provided cost analysis for its completion
Please refer to Attachment 5 Annotated Drawings.
This proposal contains the following information:
Detailed breakdown of anticipated unit prices and daily costs, as anticipated and available
information at this point of the project
A rough order of magnitude of the estimated total cost of phase I of the project, including cost of
installation of E-1 and E-2 “lower” arrays by our subcontractor.
An approach to value engineering, i.e., an approach that allows for
design/implementation modifications as project progresses.
Tentative project schedule (i.e., anticipated total duration of the project);
Brief information on made-made materials that will be used as a part of this project (e.g., for
grouting and crack-infilling purposes).
MDCI understand that the success of this project depends on value engineering, i.e., on our close
collaboration with the design engineer, GLA and Hout Construction Services (HCS) who to our
understanding will be overseeing the project on behalf of the “City” in a role of an overall Construction
Manager. MDCI is committed to close collaboration with GLA and their Engineers and Geologists. To
facilitate your review of the proposal, an attempt has been made to delineate project roles (MDCI,
GLA, HCS and CITY) and roles of other stakeholders involved in this project (e.g., our subcontractors
April 02, 2024
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 62 of 157
Type here]
Malcolm Drilling Company, Inc.
Contractor’s License No. 259543
DIR Public Works Contractor Registration No. 1000003389
and the City).
The proposed scope of work includes:
Mobilization of equipment and resources to the project site; i.e. Grading Equipment, Sonic Drilling
equipment, Directional drilling equipment etc.
Perimeter fencing where required, access routes and set up SWPPP:
o Install erosion control measure, only silt fence, fiber rolls and construction entrance, and
remove items at the end of the job.
o Access to the E-1 Array will be from the existing paved street, Palos Verdes Drive South. A
narrow, elongated parking strip located to the northeast of the street has been designated as
the work area for the E-1 well array installation. We anticipate that some earthwork will be
required to provide a 150ftx150ft work pad. (enough pad to orient the drill rig with the desired
alignments for wells oriented to the southwest through west.
o Access to the E-2 Lower array will require modification of “ISHIBASHI Farm Trail and
PEPPERTREE Trail” into a temporary access road, as well as drill pad construction.
o Access to Dual-Purpose boreholes (sonic drilled) “Instrumention/Dual Vertical Boreholes”
Backfilling of cracks / Fissures in the vicinity of E-1 (this is required to access locations
for advancement of dual-purpose boreholes/instrumentation holes (sonic bores));
Installation of necessary dual-purpose boreholes; required for defining geometry and
well profiles for installation of E-1 array drains; consists of sacrificial stand pipe
piezometers, vibrating wire piezometers, gyro points, and sacrificial inclinometers;
exact instrumentation needed in borehole to be determined by EOR.
Installation of E-2 array drains based on currently observed field conditions (access
established in March 2024) and guidance provided by EOR;
Other items required for successful completion of this project (access grading, removal
of cuttings, provide pumps for E-1, facilitate water conveyance to the Klondike canyon
for E-1 and to the existing corrugated metal pipe for E-2, etc.).
Adherence to safety protocols and regulations to ensure the well-being of our personnel and
the surrounding environment.
MDCI understands the urgency associated with the execution of this project and is fully committed to
its success. MDCI is available to mobilize on-site on April 9, pending the completion of contract
agreement. MDCI estimates that the cost of the proposed installations will be in the range of
9,000,000.00 and that the duration of Phase I of the project will consist of 100 working days based on
10-hour workdays; and 6-day work week.
Attached please find MDCI’s DRAFT standard contract for your review and consideration.
We are eager to discuss the details further and address any questions or concerns you may have.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 63 of 157
Type here]
Malcolm Drilling Company, Inc.
Contractor’s License No. 259543
DIR Public Works Contractor Registration No. 1000003389
DRAFT Proposal for Installation of Hydrauger Arrays E-1 and E-2
The Scope of grading and site preparation work in addition to the backfilling of cracks/fissures work
activities will be dependent on site constraints and are to be performed on a Time and material
basis plus reasonable overhead and profit. Labor and MDCI Owned equipment shall be
compensated at the rate below, Materials, Subcontractors and any additional directed work shal be
compensated at cost plus 15% .
CRAFT CLASSIFICATION ST RATE OT RATE DT RATE
MANAGEMENT LABOR
Project Manager $157.96 $157.96 $157.96
Project Engineer $107.76 $107.76 $107.76
Safety Representative $129.64 $129.64 $129.64
Superintendent $193.92 $244.81 $295.70
DIRECT CRAFT LABOR
Foreman $181.19 $240.28 $299.34
Laborer $122.81 $159.64 $196.47
Operator Group $158.62 $207.41 $256.20
Drill Rig Operator OP - $159.47 $208.65 $257.80
Concrete Pump Oper. $158.04 $206.56 $255.08
Subsistence / Per Diem * $160.00 Per Work day
Anticipating having 3each (at least) resources on subsistence.
MDCI OWNED NUMBER
KEY EQUIPMENT DESCRIPTION PLANNED Hr. RATE
Klemm 807 (Fissures/crack Backfilling) 1 $ 411.00
Concrete Pump 1 $ 116.00
Pickup truck 3 $ 30.00
Welding truck (including 500 Amps welding machine) 1 $ 45.00
Komatsu PC128 Excavator 1 $ 94.00
Air Compressor 900cfm 1 $ 239.00
Please refer to attachment 3 for the anticipated breakdown of crew sizes, equipment and Costs for the
following anticipated scope:
Coordination of required Permitting and submittals -
Mobilization of required equipment
Potholing for utility locates
Work Perimeter fencing, access routes, drilling pads and set up SWPPP
install erosion control measures
Clear and Grub work area and laydown area
Provide support for directional drilling operation;
Ground water control: Flow rates measurements, Connect drainage system from E-1 and E-2
drains to Klondike Canyon and the existing water pipeline respectively.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 64 of 157
Type here]
Malcolm Drilling Company, Inc.
Contractor’s License No. 259543
DIR Public Works Contractor Registration No. 1000003389
Instrumentation Dual Purpose Sonic Borings “ANTICIPATED” (BASELINE) SCOPE OF
WORK:
Well location, depth, screen length, setting of VWP and inclinometers will be based on field conditions and at
the direction of EOR.
All work is to be accomplished per the direction of HCS, which will closely be collaborated with EOR. MDCI does not
guarantee performance of the work in any way and/or completion schedules and MDCI will only perform work which
is solely determined by MDCI to be safe for our personnel and within the safe limits and capabilities of our equipment.
The drilling operations performed by MDCI and/or its subcontractor may impact the current slide conditions. Owner
shall defend, indemnify, and hold MDCI and/or its subcontractors harmless from any and all liability suits, claims,
costs, and expenses, including reasonable attorneys’ fees which may arise out of a change in the slide conditions
due to the performance of Constructor’s Work hereunder
Mobilization of Sonic Rig, equipment, and tooling to site.
Install 7 each proposed instrumentation wells located at E-1. I1 thru I7 in locations shown on
attached plan. Wells are to be drilled to a depth of 150’. Install 3” inclinometer casing, and
grout in place 1 VWP at each well. Any other instrumentation is required to be supplied by
others. Each borehole depth and installed features can be determined in the field based on the
location characteristics.
Install 5 Each proposed instrumentation wells located at E-2. I 9 thru I13 in locations shown on
attached plan. Wells are to be drilled to a depth of 150’. Install 3” inclinometer casing, and grout
in place 1 VWP at each well. Any other instrumentation is required to be supplied by others.
Each borehole depth and installed features can be determined in the field based on the location
characteristics.
During the Drilling, Continuous Sampling of the soils will be provided. This will be achieved with
the “sonic” type of specialty rig. Logging will be done by the EOR.
Methods of drilling the borings: On the deeper soil boring MDCI will start with a 12” borehole to a
depth of 10’. Once the bore hole is complete, 3/8 bentonite chips will be installed and will be
hydrated as installed. MDCI will then move to the next holes and install the surface seal at each
location. On the next day MDCI will return with a drill through pan (see Attached Photos) The pan
will have a 5’x10” stub out the bottom that will be wet set into the bentonite seal to create a seal
between the borehole and the pan. This will allow the water to come up the drill casing and
discharge into the drill pan. (As an alternate we may choose to run 30’ of 10” pipe as the seal and
drill through the 10” with 9.25 this would force the water into the pan for collection). From the pan
the water will be collected using the mud pump attached to the hydraulics of the drill. The water
will be pumped from the pan to a settlement tank then will gravity feed from the tank to the HDPE
pipe allowing the collected water to safely convey down the hill not causing additional washout. If
during drilling water is allowed to be disposed on the ground surface the pan and seal will act as
a water collection if the artisan flow is greater than expected. In addition to the water control
measures MDCI will have onsite 2 inflatable packers to be used to mitigate the uphold water
pressure if we are unable to seal the well or control the flow. This would allow for the
decommissioning of the well if needed.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 65 of 157
Type here]
Malcolm Drilling Company, Inc.
Contractor’s License No. 259543
DIR Public Works Contractor Registration No. 1000003389
ESTIMATED PHASE I PROJECT COSTS – INSTRUMENTATION DUAL-PURPOSE SONIC
DRILLING HOLES
DRAFT GENERAL CONDITIONS:
1. A Project Daily Report (PDR) or Extra Work Report (EWO) will be completed by MDCI authorized
representative. The PDR/EWO shall be submitted to the Prime Contractor’s representative for
approval daily.
2. All work is to be accomplished per the direction of the Prime Contractor’s representative. MDCI does
not guarantee performance of the work in any way and/or completion schedules and MDCI will only
perform work which is solely determined by MDCI to be safe for our personnel and within the safe
limits and capabilities of our equipment.
3. Rates are subject to union wage increases and fluctuation of trucking costs.
4. MDCI to provide fuel for equipment.
5. Equipment standby rates will be charged at 0.5 of equipment rates.(Negotiable)
6. Costs for material, rental equipment, subcontractor invoices, shipping costs, small tools and other
miscellaneous items not listed above will be charged at invoice plus 15%.
7. MDCI has excluded any off-site hauling of spoils. MDCI assumes that the spoils generated by the
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 66 of 157
Type here]
Malcolm Drilling Company, Inc.
Contractor’s License No. 259543
DIR Public Works Contractor Registration No. 1000003389
works can be disposed of on-site.
Directional Drilling Array E-1 and E-2 Lower, please refer to attachment 2 for more
details.
We look forward to working with you on this project. Please contact me at 626- 483-9805, or
by email jhakim@malcolmdrilling.com , if I can provide further assistance or clarification.
Sincerely,
Joseph Hakim
Joseph Hakim
Estimator / Project Manager
Brad Jones
Brad Jones
Estimator / Project Manager
Attachments:
1) Pricing Breakdown
2) Ellingson-DTD Technical Proposal for Array E-1 and E-2
3) MDCI Statement of Qualifications
4) Draft Contract Agreement
5) Schematic Annotated Drawings
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 67 of 157
Attachment 1
Project Estimated Pricing Costs
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 68 of 157
CONTRACTOR:PROJECT DESCRIPTION:
REVISION #: 0
SUBMITTED BY (Name):
DATE:4/3/2024
MOBILIZATION FOR EQUIPMENT
DEMOBILIZATION FOR EQUIPMENT
OTHER Training
AVERAGE RATE 151.38$
NUMBER SHIFT DURATION TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TRAVEL DAILY TOTAL
CRAFT CLASSIFICATION PLANNED PATTERN (DAYS) ST HOURS ST RATE OT HOURS OT RATE DT HOURS DT RATE HOURS LABOR COSTS ALLOWANCE PER DIEM PER DIEM TOTAL
Project Manager 1 75 600 157.96$ 157.96$ 0 157.96$ 600 94,773.60$ 94,773.60$
Project Engineer 1 100 800 107.76$ 200 107.76$ 0 107.76$ 1,000 107,760.00$ 107,760.00$
Safety Representative 1 75 600 129.64$ 0 129.64$ 0 129.64$ 600 77,781.60$ 77,781.60$
Superintendent 1 100 800 193.92$ 200 244.81$ 0 295.70$ 1,000 204,098.40$ 204,098.40$
0 -$ -$
TOTAL 4 2,800 400 0 3,200 484,413.60$ -$ -$ 484,413.60$
AVERAGE RATE 164.76$
NUMBER SHIFT DURATION TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TRAVEL DAILY TOTAL
CRAFT CLASSIFICATION PLANNED PATTERN (DAYS) ST HOURS ST RATE OT HOURS OT RATE DT HOURS DT RATE HOURS LABOR COSTS ALLOWANCE PER DIEM PER DIEM TOTAL
Fissure/Crack Filling
Foreman 1 100 800 181.19$ 200 240.28$ 299.34$ 1,000 193,007.62$ 193,007.62$
Laborer group 1 100 800 122.81$ 200 159.64$ 196.47$ 1,000 130,178.71$ 130,178.71$
Forklift - excavator Operator Group 1 100 800 158.62$ 200 207.41$ 256.20$ 1,000 168,382.66$ 168,382.66$
Drill Rig Operator 1 36 288 159.47$ 72 208.65$ 257.80$ 360 60,948.73$ 60,948.73$
Concrete Pump Oper.1 36 288 158.04$ 72 206.56$ 255.08$ 360 60,388.32$ 60,388.32$
TOTAL 5 2,976 744 0 3,720 612,906.03$ -$ -$ 612,906.03$
CONTRACTOR'S REIMBURSABLE OWNED EQUIPMENT (See Legend for descriptions)10
NUMBER
START DT END DATE PLANNED RATE HOURS DAYS WEEKS MONTHS OTHER
1 411.00$ 360 147,960.00$
1 116.00$ 360 41,760.00$
Pickup truck 3 30.00$ 1000 90,000.00$
Welding truck (including 500 Amps welding machine)1 45.00$ 720 32,400.00$
Komatsu PC128 Excavator 1 94.00$ 1000 94,000.00$
Air Compressor 900cfm 1 239.00$ 360 86,040.00$
180,040.00$
REIMBURSIBLE 3RD PARTY EQUIPMENT (See Legend for descriptions)
NUMBER
START DT END DATE PLANNED RATE HOURS DAYS WEEKS MONTHS OTHER
MINI-EXCAVATOR 4000- 4999 LBS DSL ROPS 1 7,425.00$ 4.5 38,424.38$
LIGHT TOWER VERT MAST MAN NARROW BODY 2 6,205.00$ 4.5 64,221.75$
BACKHOE 70-97HP 4WD CAB EXTENDAHOE DSL 0 7,990.00$ 4.5 -$
TRENCHER RIDE-ON 35-49HP DSL 0 8,175.00$ 4.5 -$
COMPACT TRACK LOADER 2000-2399LB CAB 1 7,905.00$ 4.5 40,908.38$
TELEHANDLER 12000LB 55-56FT LIFT ROPS 2 9,895.00$ 4.5 102,413.25$
20KW GENERATOR DSL 1 2,810.00$ 4.5 14,541.75$
PUMP TRASH 2IN GAS 1 800.00$ 4.5 4,140.00$
PUMP TRASH 4IN GAS 1 1,020.00$ 4.5 5,278.50$
TRUCK WATER 4000 GALLON DSL 1 8,120.00$ 4.5 42,021.00$
Temporary Spill Berm 12' x 50'4 729.30$ 4.5 15,096.51$
DOZER D4/D6K W/SLOPE BOARD 2 6,015.93$ 4.5 62,264.88$
8 15.00$ 100 13,800.00$
Roll off Tanks 5 1,259.09$ 4.5 32,578.95$
1 420.00$ 100 48,300.00$
1 180.00$ 100 20,700.00$
504,689.34$
REIMBURSABLE MATERIALS (See Legend for descriptions)
QUANTITY
1
1
1
1
REIMBURSABLE 3RD PARTY SUBCONTRACTOR (See Legend for descriptions)
QUANTITY
1
1
40,000.00
40,000.00
TOTAL LUMP SUM $80,000.00
ESTIMATED TOTAL PROJECT COST
Malcolm Drilling Company Inc.PBLS _ Phase I _ E-1 & E-2 lower
Joseph Hakim
LUMP SUM CHARGES
TIME AND MATERIAL COSTS
REIMBURSABLE INDIRECT CRAFT LABOR, STAFF & SUPERVISION - Hours and costs for all support staff (not directly involved with the actual work), clerical and supervision. Supervision & Indirect Staff - Hours
and costs for all support staff (not directly involved with the actual work), clerical and supervision.
REIMBURSABLE DIRECT CRAFT LABOR -All craft labor, working foreman level and below. Include Direct Labor + Fringes & Taxes (i.e., FICA, FUTA, SUTA, employment taxes, Workman's Comp, Health Ins., Retirement, etc.)
ESTIMATE BASIS # ESTIMATED BILLING UNITS (Per Piece of Equipment)
USE ONLY ONE COLUMN PER LINE **
TOTAL
ESTIMATED
CHARGESEQUIPMENTDESCRIPTION
TOTAL
ESTIMATED
CHARGESEQUIPMENTDESCRIPTION
Steel Plates
TOTAL
ESTIMATE BASIS # ESTIMATED BILLING UNITS (Per Piece of Equipment)
USE ONLY ONE COLUMN PER LINE **
TOTAL
TOTAL ESTIMATED
CHARGESITEMDESCRIPTION
Trailer Vac
Pump vac assist
TOTAL $1,011,597.50
Various materials estimated for E-1 and E-2 Array directional drilling (ELLINGSON_DTD)$838,925.00
1sk sand cement slurry for backfilling $172.50
Various Piping (burrito Drains, manifolds etc.)$115,000.00
Various consumables $57,500.00
TOTAL ESTIMATED
CHARGESITEMDESCRIPTION
Estimated Directional drilling E-1 and E-2 (ELLINGSON_DTD)$5,256,075.00
Intrumentation Dual Purpose Sonic Holes (MDCI)$848,962.00
0.00
0.00
TOTAL ESTIMATED PROJECT COST $8,978,683.47
Klemm 807 (Fissures/crack Backfilling)
Concrete Pump
0.00
TOTAL $6,105,037.00
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 69 of 157
Attachment 1.1
Breakdown Estimated Pricing Costs
Instrumentation Dual Purpose Sonic
Holes (MDCI)
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 70 of 157
Item Qty Unit Unit CostTotal Cost Notes
Mobilization to RPV 1 LS $ 27,500.00 RT to provide contract transportation from Irwindale to site. Mobilization includes equipment, material, and crew personnel getting to the site.
Demobilization from RPV 1 LS $ 23,500.00 RT to provide contract transportation to Irwindale from site. Demobilization includes equipment and crew personnel getting back to Irwindale from the site.
LS
Sonic Drilling Day Rate - 12 Hours (M-S) 1 Day $ 16,535.00 All equipment, resources, and crew on-site conducting drilling activities.
Standby Day Rate - Sonic Drill Only 1 Day $ 3,169.00 No active drilling activies, equipment onsite, and crew off-site. Cost is half of the day rate for the sonic drill, and full rates for all other equipment onsite.
Standby Day Rate - Equipment and Crew M-F 1 Day $ 7,550.00
Equipment and crew onsite, work stopped all day. Cost is half of the day rate for the sonic drill, full rates for all other equipment onsite, and crew is paid for 8
hours.
2 man installation crew for discharge 12 Hours (M-S) 1 Day $ 5,993.00 Includes all equipment, recources and crew on-site conducting installation activities
Standby Day Rate - Equipment and Crew 1 Day $ 3,250.00
Equipment and crew onsite, work stopped all day. Cost is half of the day rate for the sonic drill, full rates for all other equipment onsite, and crew is paid for 8
hours.
Consumables (bits, core barrels, bag liner, spare parts, etc) 1 Rig 1 ls $ 146,275.00
Material includes the following: 30' 10" casing, 150' 9.25" casing, 300' 8" casing, 10' 12" casing, 300' inner rod, 3- ea core barrels 8" & 7", 3 ea 8" bits, auger,
flapper, and core. 3 ea bits 7" auger, flapper and core. 3 ea casing shoes 10", 9.25" 8", 1 ea core barrel driver 8" and 7", 3 ea casing shoes 10", 9.25", 8".jaw
pads, 3 tubs grease. Once material is used additional materials to be bought at cost plus 15%
4-inch PVC (Sch 40) well screen-10' length 1 LF $ 11.50
4-inch PVC (Sch 40) solid - 10' length 1 LF $ 9.75
2-inch PVC (Sch 40) solid - 20' sticks 1 LF $ 2.25
Annular Filter Pack (sand#8) 3000 pounds 1 EA $ 437.00
Annular Seal - Bentonite Chips - Pallet 1 EA $ 730.00
Portland Cement - Pallet 1 EA $ 770.00
Bentonite Gel - Pallet 1 EA $ 856.00
Sample bags 1 Roll $ 350.00
Inclinometer casing 10' stick 1 EA $ 177.00
Inclinometer Anchor 1 EA $ 256.00
Vibrating wire Piezometer 300' 1 EA $ 875.00
Vibrating wire Piezometer 150' 1 EA $ 856.00
Data Logger with Lithium D Cell 3.6V 19AH 1 EA $ 3,818.00
Dewatering pump 300' depth 55 GPM 2 Phase 1 EA $ 2,150.00
Dewatering pump 150' depth 55 GPM 3 Phase 1 EA $ 2,000.00
Bottom cap and well seal - 4-inch 1 EA $ 51.00
Pump Box 1 EA $ 2,187.00
Pan 1 EA $ 2,500.00
8" HDPE DR 17 1 LF $ 11.50
0 LS $ -
0 LS $ -
0 LS $ -
0 LS -$
0 EA -$
0 EA -$
0 LS -$
Subtotal
Local Sales Tax 10.1% on Materials and Consumables
Grand Total Total
Health and Safety
Other
RANCHO PALOS VERDES EMERGENCY REPAIR
2024 DRILLING PROGRAM
LUMP SUM AND UNIT RATE WORK SHEET
Mobilization/Demobilization
Day Rates - Sonic Drilling - 1 Rig
Drilling Consumables and Materials
Day Rates - Installation of HDPE
24-100 Dewatering Emergency drilling estimate.xlsx: Bid Schedule 2024 R1
178-1329.3000.620 Page 1 of 1
Rev. 0
May 1, 2021
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 71 of 157
150
160
170
180
1
9
0
21
0
2
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260
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PALOS VERDES DRIVE SOUTH
E-1
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I-7
REV. NO.
DATE OF ISSUE:
DRAWN BY:
DESIGNED BY:
CHECKED BY:
APPROVED BY:
DATE DESCRIPTION APPROVED BY
This drawing has not been published but rather has been prepared by Geo-Logic Associates, Inc. for use by the client named in the title block, solely in respect of the construction
operation, and maintenance of the facility named in the title block. Geo-Logic Associates, Inc. shall not be liable for the use of this drawing on any other facility or for any other purpose.
PROJECT NO.
DRAWING NO.
3150 Bristol Street Suite 210, Costa Mesa, California 92626
geo-logic.com 714.465.8240
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES,CA 90275
THE CITY OF
RANCHO PALOS VERDES
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100'50'0'100'200'
CITY OF RANCHO PALOS VERDES
PORTUGUESE BEND LANDSLIDE
MITIGATION
LOS ANGELES COUNTY, CA
SO23.1202PROPOSEDE-1 HYDRAUGER LOCATION
4
INTERIM WORK PRODUCT - NOT FOR CONSTRUCTION
PENDING PENDING PENDING PENDING
PENDING
AW
CM
PENDING
PENDING
LENGTH IN PLAN = 1,200 FEET (TYPICAL)
PROPOSED FLEXIBLE
DISCHARGE LINE TO EXISTING
STORM DRAIN RISER
APPROXIMATE LENGTH IN
PLAN = 310 FT)
LEGEND
EXISTING TOPOGRAPHY, 10 FT ELEVATIONCONTOUR200
APPROXIMATE LIMITS OF SUBSLIDES OF PORTUGUESE BEND
LANDSLIDE (BASED LEIGHTON, 2000)
APPROXIMATE LIMITS OF PORTUGUESE BEND LANDSLIDE
BASED ON LEIGHTON, 2000)
8."BRIC PROJECT LIMITS" DENOTES PROJECT AREA IDENTIFIED IN
BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES" FUNDING
APPLICATION PACKAGE.
7.CONTRACTOR IS RESPONSIBLE TO CAPTURE WATER PRODUCED
FROM DRAINS DURING CONSTRUCTION; PERFORM ANALYTICAL
LABORATORY TESTING OF REPRESENTATIVE WATER SAMPLES;
FURNISH AND INSTALL STORAGE, TREATMENT, AND/OR PUMPING
EQUIPMENT AS NEEDED FOR COMPLIANCE WITH PERMIT
REQUIREMENTS.
6.CONTRACTOR TO INSTALL PLUMBING CONNECTIONS TO EXISTING
DRAINAGE LINES AND/OR PROPOSED SWALES.
5.CONTRACTOR TO FURNISH AND INSTALL PUMPS AND ELECTRICAL
CONNECTIONS FOR PUMP-ASSISTED SWALES.
4.CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY ELEVATIONS
SHOWN.
3.EXISTING TOPOGRAPHY PROVIDED BY CITY OF RANCHOS PALOS
VERDES DATED 2017 AND UPDATED BY CALVADA SURVEYING, INC. IN
JANUARY 2024.
2.CONTRACTOR IS RESPONSIBLE TO INSTALL GROUTED CONDUCTOR
AND/OR SURFACE CASING WITH ADEQUATE CAPACITY TO PREVENT
BLOWOUT AND/OR OTHER POTENTIAL ADVERSE EVENTS RELATED TO
HYDRAUGER INSTALLATION, OPERATION, AND/OR MAINTENANCE.
1.CONTRACTOR IS RESPONSIBLE TO PERFORM PRE-CONSTRUCTION
CONFIRMATION SUBSURFACE EXPLORATION TO VERIFY
GROUNDWATER, SOIL, AND BEDROCK CONDITIONS.
NOTES
PROPOSED HYDRAUGER ARRAY LOCATION. YELLOW SHADED
AREA REPRESENTS ACCESS, LAYDOWN AREA, AND HYDRAUGER
INITIATION AREA, BLACK LINE REPRESENTS DIRECTION AND
LENGTH OF HYDRAUGERS IN PLAN VIEW.E-1
APPROXIMATE LOCATION OF SHORELINE
PRESERVE PROPERTY BOUNDARY
BRIC PROJECT LIMITS(8)
PROPOSED FLEXIBLE DISCHARGE LINE TO KLONDIKE CANYON
APPROXIMATE LOCATION OF TRAIL BASED CITY OF RANCHO
PALOS VERDES MAPS
EXISTING IMPROVEMENTS BASED ON 2024 CALVADA
SURVEYING, INC. SURVEY UPDATE.
PROPOSED INSTRUMENTATION LOCATION
DUAL VERTICAL BOREHOLE)I-7
TIE INTO EXISTING
STORM DRAIN RISER
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 72 of 157
370
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E-2 LOWER
I-13
I-11
I-10
I-12
I-9
REV. NO.
DATE OF ISSUE:
DRAWN BY:
DESIGNED BY:
CHECKED BY:
APPROVED BY:
DATE DESCRIPTION APPROVED BY
This drawing has not been published but rather has been prepared by Geo-Logic Associates, Inc. for use by the client named in the title block, solely in respect of the construction
operation, and maintenance of the facility named in the title block. Geo-Logic Associates, Inc. shall not be liable for the use of this drawing on any other facility or for any other purpose.
PROJECT NO.
DRAWING NO.
3150 Bristol Street Suite 210, Costa Mesa, California 92626
geo-logic.com 714.465.8240
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES,CA 90275
THE CITY OF
RANCHO PALOS VERDES
N:
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LEGEND
100'50'0'100'200'
CITY OF RANCHO PALOS VERDES
PORTUGUESE BEND LANDSLIDE
MITIGATION
LOS ANGELES COUNTY, CA
SO23.1202PROPOSEDE-2 LOWER HYDRAUGER LOCATION
5
INTERIM WORK PRODUCT - NOT FOR CONSTRUCTION
PENDING PENDING PENDING PENDING
PENDING
AW
CM
PENDING
PENDING
EXISTING TOPOGRAPHY, 10 FT ELEVATIONCONTOUR200
APPROXIMATE LIMITS OF SUBSLIDES OF PORTUGUESE BEND
LANDSLIDE (BASED LEIGHTON, 2000)
APPROXIMATE LIMITS OF PORTUGUESE BEND LANDSLIDE
BASED ON LEIGHTON, 2000)
PROPOSED HYDRAUGER ARRAY LOCATION. YELLOW SHADED
AREA REPRESENTS ACCESS, LAYDOWN AREA, AND HYDRAUGER
INITIATION AREA, BLACK LINE REPRESENTS DIRECTION AND
LENGTH OF HYDRAUGERS IN PLAN VIEW.
E-2 LOWER
APPROXIMATE LOCATION OF SHORELINE
PRESERVE PROPERTY BOUNDARY
BRIC PROJECT LIMITS(8)
PROPOSED FLEXIBLE DISCHARGE LINE TO KLONDIKE CANYON
APPROXIMATE LOCATION OF TRAIL BASED CITY OF RANCHO
PALOS VERDES MAPS
EXISTING IMPROVEMENTS BASED ON 2024 CALVADA
SURVEYING, INC. SURVEY UPDATE.
PROPOSED INSTRUMENTATION LOCATION
DUAL VERTICAL BOREHOLE)I-13
8."BRIC PROJECT LIMITS" DENOTES PROJECT AREA IDENTIFIED IN
BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES" FUNDING
APPLICATION PACKAGE.
7.CONTRACTOR IS RESPONSIBLE TO CAPTURE WATER PRODUCED
FROM DRAINS DURING CONSTRUCTION; PERFORM ANALYTICAL
LABORATORY TESTING OF REPRESENTATIVE WATER SAMPLES;
FURNISH AND INSTALL STORAGE, TREATMENT, AND/OR PUMPING
EQUIPMENT AS NEEDED FOR COMPLIANCE WITH PERMIT
REQUIREMENTS.
6.CONTRACTOR TO INSTALL PLUMBING CONNECTIONS TO EXISTING
DRAINAGE LINES AND/OR PROPOSED SWALES.
5.CONTRACTOR TO FURNISH AND INSTALL PUMPS AND ELECTRICAL
CONNECTIONS FOR PUMP-ASSISTED SWALES.
4.CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY ELEVATIONS
SHOWN.
3.EXISTING TOPOGRAPHY PROVIDED BY CITY OF RANCHOS PALOS
VERDES DATED 2017 AND UPDATED BY CALVADA SURVEYING, INC. IN
JANUARY 2024.
2.CONTRACTOR IS RESPONSIBLE TO INSTALL GROUTED CONDUCTOR
AND/OR SURFACE CASING WITH ADEQUATE CAPACITY TO PREVENT
BLOWOUT AND/OR OTHER POTENTIAL ADVERSE EVENTS RELATED TO
HYDRAUGER INSTALLATION, OPERATION, AND/OR MAINTENANCE.
1.CONTRACTOR IS RESPONSIBLE TO PERFORM PRE-CONSTRUCTION
CONFIRMATION SUBSURFACE EXPLORATION TO VERIFY
GROUNDWATER, SOIL, AND BEDROCK CONDITIONS.
NOTES
TIE INTO EXISTING CORRUGATED
METAL PIPE (CMP)
PROPOSED FLEXIBLE
DISCHARGE LINE TO CMP
APPROXIMATE LENGTH IN
PLAN = 115 FT)
LE
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 73 of 157
Attachment 2
Ellingson -DTD Technical Proposal
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 74 of 157
April 3, 2024
Ellingson-DTD
56113 State Hwy. 56 100 Rolling Ridge Dr.
West Concord, MN 55985 Bellefonte, PA 16823
Voice: 800-239-5950 Fax: 800- 574-8046
Web: www.horizontaldrill.com
Joseph Hakim, PE
Malcolm Drilling
4926 N. Azusa Canyon Road
Irwindale, CA 91706
jhakim@malcolmdrilling.com
RE: Proposal for Emergency HDD Slope Drain, Rancho Palos Verdes, CA
Ellingson-DTD Bid #: 245001157-REV3
Dear Joseph:
Thank you for requesting our proposal and cost estimate to install directionally-drilled slope drains as
part of the emergency slope stabilization project for the Portuguese Bend Landslide near Rancho Palos
Verdes, California. This extensive landslide area has been the subject of numerous investigations and
remedial actions. The project is now regarded as urgent to prevent accelerating slope movement at the
site. Our understanding is that a system of several arrays of directional borings and unguided
hydrauger” borings has been proposed to stabilize the landslide. Our previous proposal, dated March
22, 2024, was intended to provide a budgetary estimate and a general technical approach to use
horizontal directional drilling (HDD) to install one array of five drains at the E-1 site. This proposal
provides additional detail at the request of Malcolm Drilling (Malcolm) and expands the scope of the
drilling effort to include an additional drain array at the E-2 Lower site.
The current design for slope dewatering includes three arrays of five wells or drains each. Ellingson has
been requested to provide our approach and cost estimate to drill and install drains for two of the three
arrays.
Table 1: Preliminary Well Specifications – Array E-1
Well ID Diameter and Material Riser
Length
ft)
Screen
Length (ft)
Total
Length (ft)
Drain-1 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Drain-2 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Drain-3 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Drain-4 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Drain-5 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Total 0 6,000 6,000
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 75 of 157
Malcolm Drilling, Rancho Palos Verdes, CA 2 April 3, 2024
Table 2: Preliminary Well Specifications – Array E-2L
Well ID Diameter and Material Riser
Length
ft)
Screen
Length (ft)
Total
Length (ft)
Drain-1 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Drain-2 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Drain-3 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Drain-4 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Drain-5 12-inch bore, 4-inch PVC casing 0 1,200 1,200
Total 0 6,000 6,000
Access to the E-1 Array will be from the existing paved street, Palos Verdes Drive South. A narrow,
elongated parking strip located to the northeast of the street has been designated as the work area for
the E-1 well array installation. We anticipate that some earthwork will be required to provide a large
enough work pad to orient the drill rig with the desired alignments for wells oriented to the southwest
through west. The topography upslope to the northwest from the drill site has significant elevation gain
and slide activity as part of the designated East Central Subslide. To the west and southwest of the entry
points, the topography is hummocky and jumbled, typical of an active landslide.
Access to the E-2 Lower array will require modification of an existing trail into a temporary access road,
as well as drill pad construction. The equipment to be mobilized to these sites is relatively large and
heavy, requiring a road of sufficient width and load bearing support. The rig is track mounted, as is the
trackhoe used for support, materials handling, and rod loading. Our rods are typically loaded from a
flatbed trailer positioned adjacent to the drill rig. The drill rig is also supported by a drilling fluid recycler
system, which is towed into place by a semi-tractor. Watertight, lined roll off boxes are parked adjacent
to the recycler to contain drill cuttings discharged from the recycler.
Approximate dimensions and weights for the major equipment have been provided separately. In
particular, the weight of the recycler with fully loaded mud tanks should be noted. Ellingson assumes
that Malcolm Drilling will be responsible for the engineering design of drill pads and access roads on the
landslide to assure safe access and equipment operation.
Directional Drain Installation
Technical Discussion
Installing directionally drilled slope drains at this location poses several technical challenges, addressed
in this section.
The E-1 drains will begin by trending downward into the ground (negative angle) and will flatten out to
horizontal at some distance from the entry point. At the present well locations, it is anticipated that the
water level in the wells will not reach the surface, hence the wells will not be free flowing and will
require pumps for dewatering.
The proposed E-2 Lower drain array is intended to intercept and drain water from a steeply inclined
water table, which would have a significant difference in hydrostatic head between the wellhead and
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 76 of 157
Malcolm Drilling, Rancho Palos Verdes, CA 3 April 3, 2024
well end point. Simply drilling an open bore from the ground surface to the target location in such a
situation could result in high groundwater flow from the open bore.
To minimize risk of uncontrolled groundwater flow from the borehole, Ellingson has included the
installation of a 16-inch diameter steel casing (0.375” wall thickness) in each dewatering well from the
ground surface to a length of approximately 80 feet from the entry point. The actual length and
positioning of each casing, or its deletion from the design of the drains, will be determined by Malcolm
Drilling or others, to provide adequate safety factors to prevent uncontrolled groundwater flow at the
casing head, as well as assuring sufficient soil depth and confining pressure over the entire casing to
prevent flow at the ground surface above the distal end of the steel casing. To install the 16-inch surface
casing, we will drill a nominal 20-inch bore. Typically, the bore will be started with a pilot bore of 12
inches and expanded in increments using a forward reaming tool.
After the casing has been installed, we will grout it into place. We will fill the casing with cement and use
a plunger to push the cement down and out of the bottom of the casing; the cement reverses direction
at the bottom end of the casing and then flows upward through the annular space. After cementing is
complete, the cement is allowed to set up for approximately 24 hours prior to continuing drilling
operations to advance that bore.
It is our understanding that Malcolm Drilling will drill a series of exploratory wells with instrumentation
to determine the actual phreatic and artesian surface within each array prior to finalizing the horizontal
well profiles. Data derived from this investigation will be used by Malcolm Drilling to refine the well and
casing design. Malcolm Drilling or others will be responsible for the design of all groundwater control
and slope stabilizing installations associated with the drilling tasks. Depending on design, additional
costs may be incurred for groundwater control equipment or activities. These have not been included in
our cost estimate at this time.
Following any required casing installation, we will drill the bores for drain installation. The proposed
bores are single-ended, meaning there is no exit hole that a drainage pipe can be pulled into. Ellingson
proposes the use of our patented Knock-Off drilling system to ensure that the drain materials are placed
within the drilled bore without potential damage or refusal from caved soil in the bores. The Knock-Off
system uses a drillable, steerable, threaded casing in lieu of conventional drill rods. The drill head
comprises several proprietary tools, including a detachable drill bit, bit retainer, and navigation sub
which retains the GST instrument described previously.
Using the Knock Off method, after the bore is completed, the well screen and casing are pushed inside
the drillable casing until a proprietary locking end cap engages the drill bit from the back side and
releases it from the casing while simultaneously clamping the well materials to the bit itself. The
drillable casing is then retracted, leaving the well in place with the sacrificial drill bit as an anchor.
We plan to use a retrievable gyroscopic steering tool (GST) to navigate the bit position and steer the bit
along the bore path. The GST is an inertial guidance instrument that is installed in the drill string just
behind the drill bit and feeds data to the driller’s console via a cable. The GST is designed to be retrieved
from the drill string upon completion of the bore. With the GST instrument out of the way, well
installation then proceeds using normal Knock Off procedures. Using the GST, surface access above the
drill bit will not be required, which also increases crew safety, since personnel will not need to traverse
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 77 of 157
Malcolm Drilling, Rancho Palos Verdes, CA 4 April 3, 2024
the steep landslide terrain. Accuracy of the GST is to within a couple of feet at the depths and locations
planned.
Our estimate does not include any means or equipment to control groundwater discharge from the bore
or well and we are assuming that any groundwater that does flow from the wells will be directed off the
location in a manner determined and provided by others.
The E-1 drains will function as pumping wells, so well development will be required to remove excess
drill cuttings and fine soil and to assure that the screen slots are open. Under normal conditions,
groundwater extraction wells are developed to remove drill cuttings and drilling fluid and to maximize
the hydraulic connection between the well and the surrounding formation. Our normal development
process includes flushing the completed well by connecting a source of clean water to the well pipe and
pumping water down the well until clean water flows to the surface from the annular space surrounding
the well pipe. Following this step, we jet the well screen with a rotating, high-pressure jetting nozzle to
remove soil particles from the screen and begin the development of a native sand pack. The final
development step is to pump the wells using a submersible development pump supplied by Ellingson.
Based upon our experience, we have estimated 10 hours of development time per dewatering well,
inclusive of equipment setup time. Additional development, if needed, will be at the rate shown on the
cost estimate sheet. Permanent pump specification, design and acquisition will be accomplished by
Malcolm Drilling or others, and is outside the scope of this horizontal drilling effort.
The E-2 drains are anticipated to be free-flowing artesian wells. We have included 10 hours of
development time per drain, if needed, to manage the flushing of drilling mud from these drains by
natural flow and any required well jetting.
General Scope of Work
We envision the general scope of work for the wells as follows:
1. Mobilize to site with appropriate drill rig, tooling, support equipment, and materials.
2. Set rig and equipment up on prepared drill pad (drill pad prepared by others).
3. Install and cement surface casings (as needed).
4. Advance bores and install horizontal drains.
5. Develop drains (as needed).
6. Demobilize from drill sites.
Mobilization and Demobilization
Ellingson will mobilize the drilling and support equipment to the site using our own or contracted
trucking. Equipment typically provided by Ellingson includes the following (approximate size):
200,000 lb. class (or larger) drill rig (9x70 ft).
Drill cab (8x20 ft).
Mud system (9x50 ft).
Rod trailer (9x50 ft).
Equipment trailer(s) (9x50 ft).
Variable reach lift (telehandler).
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 78 of 157
Malcolm Drilling, Rancho Palos Verdes, CA 5 April 3, 2024
Standard (large) excavator.
Water truck (4,000 gal).
Various small equipment including generators, diesel fuel tank, and diaphragm pumps.
Well development equipment including hoses, jetting assembly and temporary submersible
pump (permanent pumps to be supplied and installed by others)
Equipment and services provided by others include:
Watertight roll off boxes (e.g., 20 cubic yard [CY]) and capabilities to move, transport boxes).
Development water tank (if specified depending on client waste management methods, size
varies).
Vacuum truck for waste management as/if needed.
Water source.
Drilling waste disposal service (either disposal area or waste subcontractor).
Mobilization includes setup of the storage areas and work areas, secondary containment, and other
initial setup activities, including attendance at the site kick-off meeting. Demobilization will include the
preparation of all equipment for exit from the site and restoration of the site to a condition reasonably
similar to the original condition.
We intend to drill the bore with a 200,000 lb. (or larger) class, track-mounted, drill rig. This class rig can
generate over 200,000 lb. of thrust and pullback power and is well suited for completing wells at lengths
specified in this scope of work. The rig uses 31.5-foot-long, Range 2, 6-5/8-inch diameter drillable oil
field casing instead of conventional drill rods, stored on an adjacent semi-trailer and hoisted into
position with an excavator. Our Knock-Off drilling system was designed for use with rigs of this size to
utilize the larger inner diameter of this casing. The rig is supported by a self-contained drilling fluid
mud) recycler, which carries tanks, pumps, and mud-cleaning components to mix and condition drill
mud and discharge drill cuttings into an adjacent rolloff box (provided by Malcolm Drilling or others).
Ellingson assumes that Malcolm Drilling or others will also provide transportation for moving rolloffs.
Several trailers are used to mobilize the rig, drill cab, drill rod, and mobile shop. The mud recycler is
mounted on wheels for over-road travel. Although the rig is self-propelled on tracks, the remaining
equipment will require access to the work pad by conventional over the road semi-tractor-trailers. We
will rent a large excavator and an extended reach forklift locally to handle drill rods and materials, and
to excavate the mud pits.
A drill pad will need to be prepared or designated at the well entry locations with sufficient space for the
drill rig, drill cab, mud reclaimer, support equipment, and rolloff boxes. This equipment will occupy a
minimum area approximately 150 by 150 ft or similar (e.g., 200 by 100 feet). The drill rig requires
approximately 70 feet from the entry point to the rear of the mast; some earthwork will likely be
required to position the drill rig at the designated entry points for wells in the west to southwest
quadrant of the E-1 array.
We assume that Malcolm Drilling or others will prepare suitable drill pads and perform any needed
earthwork prior to our arrival and will arrange access to a high-volume water supply (e.g., fire hydrant,
tanker truck, or water tanks) near the drill site. Ellingson will supply a water truck to transport water to
the drill site. We assume that Malcolm Drilling will be responsible for traffic control and pedestrian
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 79 of 157
Malcolm Drilling, Rancho Palos Verdes, CA 6 April 3, 2024
guidance and safety, including preparing any required traffic control plans and obtaining associated any
required permits.
Drilling Fluid
Ellingson will use a biodegradable polymer (i.e., biopolymer) as the primary drilling fluid for this project.
Biodegradable drilling fluids are mixtures of natural gums and starches that biodegrade over time. This is
the main reason for using biopolymer drilling fluids; natural biodegradation reduces development
requirements and more completely returns the surrounding formation to its pre-drilled condition. We
also introduce a liquid enzyme breaker with the well development water to accelerate the breakdown of
residual biodegradable drilling fluid in the formation. Because only limited well development will be
performed on these drains, the use of biopolymer fluid will be advantageous compared to bentonite-
based fluids. We intend to use this biodegradable drilling fluid during advancement and as needed
during the pullback of the drill rods from the well after well material installation.
Dry drilling fluid powder is mixed with fresh water in the mud recycler to develop a pumpable slurry
with desirable fluid properties for HDD. The mud mixing system is equipped with a high-pressure mud
pump and will deliver the drilling fluid to the drill rig via hoses. The drilling fluid travels down the drill
rod, cooling the bit assembly and jetting the bore face. The drilling fluid then entrains drill cuttings in the
bore and flushes the mixture back to the surface. This mixture of drilling derived waste is recycled
through the mud system, which removes the drill cuttings and conditions the mud for reuse. The drill
cuttings that are separated on the recycler, along with a small portion of mud wasted, will be directed to
rolloffs positioned next to the mud recycler. We assume that Malcolm Drilling will handle disposal of
drilling waste as part of their drilling operation elsewhere on the site.
Pilot Bore Locating
Bore navigation will be performed by a navigation/steering subcontractor using a GST wireline locating
system to provide tracking and steering corrections during pilot bore advancement. This approach
allows navigation without over-bit access for personnel and equipment.
Although the navigation or locating equipment itself can accurately locate the position of the drilling
tools, the geological conditions through which the drill bit passes are a key element in the precision with
which the well may be placed. For example, drilling the transition from soft to harder strata often results
in displacement of the bit if the new material is harder or easier to drill – the bit may skip along hard
zones or fall into softer layers, preventing the bit from following the prescribed bore path.
Wellhead Seals and Surface Completions
As noted above, Ellingson has proposed to install 16-inch steel surface casing to stabilize the entry
portion of the bore and to minimize the effects of groundwater discharge the borehole annular space
before and after drilling installation. Upon installation of the drains, we will fill the annular space
between the 4-inch drains and the 16-inch casing with cement grout.
We have not included provision for any permanent surface completions, such as vaults or concrete pads
to surround the drain wellheads. We assume that connections from the drains to the primary drainage
system and/or surface drainage ditch system will be made by others after we have demobilized.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 80 of 157
Malcolm Drilling, Rancho Palos Verdes, CA 7 April 3, 2024
Management of Drilling-Derived Waste
Drilling-derived waste will primarily be discharged from the side of the mud recycling unit as a slurry
consisting of drill cuttings and waste mud into rolloff boxes for short term storage. Ellingson will manage
drilling waste on site and will provide all necessary pumps, suction and discharge hoses, and fittings
required for onsite waste fluid management. Since the cuttings are conveyed directly from the mud
recycler shakers to the rolloff, this minimizes the potential for spillage, as well as waste handling and
disposal costs.
Ellingson will provide a backhoe and/or excavator to dig entry and exit pits, move waste between
rolloffs (if needed), and perform routine site cleanup, and other tasks, including spill response for minor
surface spills. Ellingson assumes that Malcolm Drilling or others will provide rolloff boxes, transportation
for moving rolloffs, and/or a vacuum truck for waste management as/if needed. Due to the consistency
of this waste, Ellingson recommends watertight 20 CY rolloffs. The number of containers required will
depend on how the waste is managed and the total volume. Rolloff boxes of this size can only be filled
approximately halfway for transportation. If on-site disposal of cuttings is permitted, only one or two
boxes may be necessary for waste containment, if they are emptied on a regular schedule (typically by a
vacuum truck.)
Drilling waste volume can vary considerably due to final well lengths, drilling advancement rate in soft vs
hard conditions, and other factors such as caving conditions in the borehole, loss of drilling fluid to the
formation, gain of groundwater, soil permeability, and the presence of obstructions.
Malcolm Drilling or other responsible party will be responsible for characterization, transportation, and
final disposal of the drilling waste. The waste volume can vary by the final well lengths, drilling
advancement rate, and other factors. Cuttings in the drilling-derived waste slurry generally don’t settle
out of suspension within a short construction time frame. However, a fraction of liquid (or thin slurry)
can be removed by a vacuum truck, or pumped to a separate tank, for disposal as a liquid. Although not
currently part of the work scope, the remaining slurry and solids can be mixed with a solidification agent
e.g., a superabsorbent polymer) to pass a paint filter test for disposal as a solid waste or for land-
spreading on a convenient local property. If this option is desired, Ellingson will provide an estimate of
the additional cost as a separate item.
ELLINGSON has made the following assumptions in preparing this proposal:
This proposal is to drill and install HDD dewatering drains designed and engineered by others.
Any recommendations (including the setting of at least 80’ of surface casing to minimize
uncontrolled groundwater discharge) are simple, observationally-based recommendations and
have not been engineered. Any changes to the specifications should be approved by the design
engineer.
Drilling conditions are assumed to be native soil and marine sediments, as described in the Geo-
Logic geotechnical report as tuffaceous shale of the Altamira Shale member of the Monterey
Formation. This formation comprises relatively soft, bentonitic shale. We anticipate that soil
drilling tooling will be adequate for bore advancement.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 81 of 157
Malcolm Drilling, Rancho Palos Verdes, CA 8 April 3, 2024
Bore navigation will be performed by a navigation/steering subcontractor using a gyroscopic
wireline locating system to provide tracking and steering corrections during pilot bore
advancement.
All foundations, footings, and buried utilities will be marked for X-Y location and depth prior to
our arrival on site. Utilities with five feet of proposed bore paths must be exposed (by others).
Ellingson assumes that Malcolm Drilling will provide a stable drilling pad surface for the drill rig
and support equipment and suitable access to the pad for over-the-road tractor trailers.
Malcolm Drilling or others will handle necessary permit applications and notifications. If our
assistance is required for this, we request prior notification in sufficient time to acquire permits
prior to mobilization to the site.
We assume that Malcolm Drilling will be responsible for traffic control, including preparing any
required traffic or pedestrian control plans and obtaining any associated required traffic control
permits.
Ellingson cannot take responsibility for the storage, disposal, or characterization of the waste
soils, water, drilling fluids, and cuttings generated during this project. Ellingson will manage the
waste on site, pumping it to containers provided by Malcolm Drilling or others. We assume that
Malcolm Drilling or others will supply 20 CY (or similar size) watertight rolloffs, transportation
for moving rolloffs, and/or a vacuum truck for waste management as/if needed. The number of
containers required will depend on how the waste is managed and the waste volume generated
note that 20 CY rolloffs can only be filled halfway for transportation).
Ellingson has not included waste solidification in the cost estimate.
We have assumed working hours are 0700 to 1700 Monday through Saturday. Working a 5-day
work week may result in a cost increase to cover extended rentals, lodging, and per diem.
Ellingson will initiate a phone call to the local “One-Call” utility locating service prior to drilling
activities. However, we expect utility locating (i.e., potholing) will be provided by Malcolm
Drilling or others.
Ellingson will not be liable for damage to roadways, paved parking areas, or structures due to
heaving or subsidence from drill operations.
An adequate water supply (e.g., fire hydrant, tanker truck, or water tanks) is conveniently
available near the drill site and access will be arranged by Malcolm Drilling or others. Ellingson
will supply a water truck to transport the water to the drill site.
Tooling lost downhole due to unexpected drilling conditions (e.g., fill material, concrete, or
debris) will be invoiced at its replacement value, including navigation tooling. Estimated
replacement pricing is shown on the cost estimate sheet.
Malcolm Drilling or others will provide an on-site liaison to help with logistics and issues that
may be encountered while drilling.
Ellingson holds a C-57 California well driller’s license.
Our cost estimate assumes that prevailing wage scales apply for this project.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 82 of 157
Malcolm Drilling, Rancho Palos Verdes, CA 9 April 3, 2024
Thank you for contacting Ellingson regarding this request. Please do not hesitate to contact us if you
have any questions or would like to discuss the project further. We look forward to working with you on
this project.
Sincerely,
Michael D. Lubrecht, LG
Dan Ombalski, P.G., P.E.
Senior Geologist Vice President of Engineering
Non-disclosure
The information (data) provided in this response to data request, proposal or quotation
constitutes trade secrets and/or information that is commercial or financial and
confidential or privileged. It is furnished in confidence with the understanding that it will
not, without permission of the offeror, be used or disclosed for other than evaluation
purposes, unless permitted by law, provided, however, that in the event a contract is
awarded on the basis of this proposal or quotation the Customer shall have t he right to
use and disclose this information (data) to the extent provided by law. The restriction
does not limit the Customer's right to use or disclose this information (data) if obtained
from another source without restriction.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 83 of 157
Attachment 3
MDCI SOQ
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 84 of 157
Statement
of
Qualifications
Malcolm Drilling Company, Inc.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 85 of 157
1 Company
2 Project Experience
3 Labor/Staffing Capacity
4 Sonic Services
6 Sonic Drill Rigs and Platforms
7 Safety Commitment
8 Performance Record
8 Overhead
9 Corporate Information
10 Contact
Table of Contents
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 86 of 157
3
Company
Founded in 1962 as a family business, Malcolm Drilling Company, Inc. (MDCI) started with a single truck-mounted
drill rig, primarily offering drill rentals and handling small hard-dollar projects. Led by John Malcolm, the family
business has thrived over the past sixty years, evolving into a nationwide enterprise. Today, MDCI stands as an
industry leader, providing a wide range of core services that encompass design builds, deep foundations, retention
systems, ground improvement, sonic drilling and dewatering solutions.
MDCI is known in the industry for their commitment to accuracy, safety, and quality on every job. MDCI strives to
deliver the best value to its clients, through traditional bid-build projects and through innovative and cost-effective
design build/design assist solutions. MDCI’s goal is to save time and money for owners while achieving innovation in
project delivery.
With over 60 years of experience, they collaborate with owners and contractors in a timely manner. MDCI's large
equipment fleet and highly skilled personnel afford them the unique ability to comply with the most rigorous
schedule compression while delivering high-quality services and a safe work environment. MDCI’s experience of
project contracting built over many decades, combined with their proven safety record make them a trusted and
reliable partner.
With a workforce ranging up to 500 to 1000 individuals, MDCI has 10 offices throughout Northern America.
Malcolm Drilling Company, Inc
C O N T R A C T O R Q U A L I F I C A T I O N S
Southeast District
1730 NW 33rd Street
Pompano Beach, FL 33064
T: 954.947.3644
Northern California District
3503 Breakwater Court
Hayward, California 94545
T: 510.780.9181
Northwest District
8701 South 192nd Street
Kent, Washington 98301
T:253.395.3300
Southern California District
4926 N. Azusa Canyon Road
Irwindale, California 91706
T: 626.338.0035
San Diego Office
16855 W. Bernardo Dr, Suite 125
San Diego, CA 92127
T: 619.329.5188
Las Vegas Office
6220 McLeod Drive
Las Vegas, NV 89120
T: 702.331.5666
Mountain West District
791 S. Gladiola Street
Salt Lake City, UT 84104
T: 801.972.1126
Texas Office
701 US 290 Unit #3
Dripping Springs, TX 78620
T: 512.434.0361
Midwest District
102 Hill Court
Mukwonago, WI 53149
T: 414.574-4033
Corporate Office
92 Natoma Street, Suite 400
San Francisco, CA 94105
T: 415.901.4400
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 87 of 157
Wapato Headworks Rehabilitation
Project Name: Wapato Headworks Rehabilitation
Project Location: On the Yakima River near Wapato, Washington
Project Objective: Provide subsurface data to support geotechnical engineering
Services Provided: Soil samples, SPT samples, Shelby tube samples, and rock core samples.
Owner/Engineer: Yakima Tribe of Nations / DOWL
Contact Name: Robert Knapp
Contact Details: 208.870.6503
Construction Details
MDCI conducted a series of 10 sonic borings, each ranging from 25 to 50 feet in depth, utilizing
a 4-inch core barrel and 6-inch casing. These boreholes were instrumental in gathering
essential soil core samples, SPT samples, Shelby tube samples, and rock core samples. The
objective was to acquire comprehensive subsurface data to inform the rehabilitation design of
a century-old spillway facility. This facility serves as the primary irrigation water source for the
lower Yakima River Valley. Sonic drilling operations were executed from various locations,
including the dewatered riverbed, the riverbank, an island within the river, and a barge
stationed in the river.
4MalcolmDrillingCompany, Inc
P R OJ E C T E X PE R IE N C E
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 88 of 157
Alaska Drilling Program
Project Name: Alaska Drilling Program
Project Location: Alaska
Project Objective: Provide subsurface data to support geotechnical and environmental remediation
design of an abandoned mine site.
Services Performed: Soil sampling, Rock sampling, Monitoring well installation and development.
Owner/Engineer: Rio Tinto / WSP
Contact Name: Lew Stringer
Contact Details: 435.640.6235
Construction Details
Malcolm Drilling Company, Inc
MDCI provided sonic drilling services in Alaska. As part of the project, Malcolm conducted continuous
soil core drilling and sampling to characterize the ground conditions and install monitoring wells to
provide information about the quality and elevation of the groundwater. Data from these samples will
inform measures taken to mitigate the environmental impacts caused by historical mining operations.
Malcolm also provided rock coring to identify potential borrow sources for ecological mitigation
measures which will be used to determine what materials on the island can be used to design and build
berms, barriers, and other flow controls to support environmental mitigation.
P R OJ E C T E X PE R I E N C E
5
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 89 of 157
P R O J E C T E X P E R IE N C E
Project Name: Natomas Basin Reach A Levee
Project Location: Sacramento, CA
Project Objective: Determination of Key-In Layer Depth
Services Performed: Sonic Soil Borings To Determine The Depth Of The Impervious Stratum
Owner/Engineer: U.S. Army Corps of Engineers Sacramento District
Construction Details
The project consisted of 4-inch by 6-inch sonic core drilling method to determine the depth of the
impervious stratum. MDCI completed single borings every 100' along the levee, reaching a depth of
145 feet. This endeavor was part of the USACE Reach A Levee Project, which entailed drilling a total
of 120 sonic borings every 100' along the Reach A Levee. The sonic samples were then carefully
boxed in wooden core boxes to verify the target depth required for the installation of a diaphragm
wall. Once the boring was completed, each boring was grouted via tremie method with a cement
bentonite mix to surface.
Malcolm Drilling Company, Inc
American River Common
P R OJ E C T E X P E R I E N CEPROJECTEXP E R I E N CEPROJECTEXPERIENCE
6
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 90 of 157
Project Name: Kennecott Mine
Project Location: Bingham Canyon Mine
Project Objective: Bedrock Verification Borings
Services Performed: Exploratory Drilling
Owner/Engineer: Rio Tinto Services Inc, 4700 Daybreak View Parkway, South Jordan, UT 84009
Contact Name: Jordan Frew, Jacobs Project Manager
Contact Details: 801.554.9094
Construction Details
Kennecott Mine
In the Kennecott Mine project at Bingham Canyon Mine, MDCI performed exploratory drilling to verify
bedrock depth along the proposed toe drain alignment. This area had a crucial data gap in the current
design, from southern Copper 4 to the Yosemite drainage cut-off wall. The goal was to fill this gap for
accurate planning and implementing the toe drain system.
P R OJ E C T E X PE R IE N C E
7
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 91 of 157
P R OJ E C T E X PE R IE N C E
Project Name: Casper Soil Borings
Project Location: Glen Rock, WY
Project Objective: Sonic Sample Borings, Well Installs, CMT Installs, and Well Abandonments
Services Performed: Exploratory drilling.
Owner/Engineer: Boner Brothers Partnership
Contact Name: William H George
Contact Details: 512.600.0718
Construction Details
Casper Soil Borings
MDCI was contracted to collect sonic drilling samples at a potential mine site for Silica Deposits. Drilling
with sonic technology is much faster and involves a much lower level of vibration and noise disturbance
than any other type of drilling. Unlike conventional drilling techniques, this technique can easily adapt to
a wide variety of soil and rock types with minimal tooling changes.
The contract requested that full recovery samples be taken from twenty sites across a five square mile
area. Samples extended to a maximum depth of 150 feet. The average recovery rate of each sample
was greater than 95%. As a result of MDCI’s crew’s safe and injury-free work, the client’s schedule was
met ahead of time.
8
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
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Exhibit A
Page 92 of 157
P R OJ E C T E X PE R IE N C E
Project Name: Resolution Copper
Project Location: Superior, AZ
Project Objective: Sonic Sample Borings, Well Installs, CMT Installs, and Well Abandonments
Services Performed: Exploratory drilling at copper mine.
Owner/Engineer: Resolution Copper Mining, LLC
Contact Name: Bryan Thieme , Drilling Superintendent
Contact Details: 520.827.1617
Construction Details
Resolution Copper
The program consisted of sonic drilling as the primary drilling method. The rig was required to convert
to PQ diameter core drilling if required to achieve the designed borehole depths. The boreholes were
drilled through the targeted sample areas approximately two feet (2) into native ground before total
depth was achieved. In some cases the sonic samples were bagged and boxed for further study. Once
the borehole was drilled to total depth each boring was backfilled with cement grout. MDCI was also
asked to install 4'’ PVC wells and multi-chambered CMT monitoring wells.
9
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
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Exhibit A
Page 93 of 157
PRO JEC T EX PE R IEN C E
Project Name: Bull Lake Dam Mod
Project Location: Lander, Wyoming
Project Objective: Design and Install Dewater System
Services Performed: Sonic Sample Borings, Install Piezometers, Install Dewatering Wells
Owner/Engineer: Bureau of Reclamation
Construction Details
Bull Lake Dam
MDCI Designed and installed an eductor system based on the geotechnical recommendations.
The system included a 1,300 foot-long ring with wells spaced 20 feet apart located at the top
of the future slope of the stilling basin. The wells ranged in depths of 55 to 90 feet below
theexisting ground surface. In the center of the stilling basin, a rectangular shaped small
diameter deep well design was used to draw the water down in the center of the basin for
construction of the concrete structure. The design also included 17 piezometers in locations
across the site to monitor groundwater levels during drawdown. After construction of the
wells, the wells are connected to the supply and return lines from the pump. This creates a
venture effect in the bottom of the well to slowly pull the water out of the fine-grained soil.
During initial pumping, the groundwater was not drawing down to the groundwater target.
MDCI and the Bureau of Reclamation partnered to determine the best course of action to
investigate the cause. The result was additional small diameter deep wells ranging in depths
of 250 to 320 feet deep to relieve a deep aquifer that was recharging the stilling basin.
Malcolm Drilling Company, Inc
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 94 of 157
10
Labor/Staffing Capacity
Malcolm Drilling Company, Inc
C O N T R A C T O R Q U A L IF IC A T IO N S
MDCI possesses a substantial equipment fleet and a highly skilled workforce, offering a distinctive
capability to meet the most demanding schedule requirements. This unique ability enables MDCI to
deliver high-quality services while maintaining a strong focus on safety. Their extensive experience
in project contracting, spanning several decades, combined with a proven track record in safety,
positions MDCI as a trusted and reliable partner. With a workforce ranging from 500 to 1000
individuals, MDCI maintains a stable and capable workforce. This workforce stability allows MDCI to
efficiently and effectively fulfill their client's needs across a wide geographic range.
Sonic Services
MDCI's sonic drill rigs demonstrate the capability to install Dewatering Wells, Geothermal Systems,
and conduct Geotechnical and Environmental sampling to depths of up to 800 feet. The equipment
facilitates continuous sampling in all ground conditions using diamond coring of HQ and PQ sizes. It
can accommodate drilling angles while maintaining a high vertical tolerance of less than 1% at depths
exceeding 100 feet. All the sonic rigs from MDCI are track-mounted, ensuring optimal performance
in a variety of terrain conditions.
Sonic Drill Rigs and Platforms
Dewatering Systems.
Continuous Soil Core Sampling.
Wire Line/Diamond Rock Coring.
Standard Penetration Test (SPT) Sampling.
Shelby Tube Sampling.
Monitoring Well Installation, Development, and Decommissioning.
Installation of Inclinometers, Extensometers, VWPs, etc.
Aquifer Pumping Tests and Groundwater Sampling.
Cathodic Protection Installation.
Televiewing in Cored Holes and Wells.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 95 of 157
11
Safety Commitment
MDCI has over 30 clients with A or B-grade ratings in ISNetworld.
MDCI’s Mine Safety and Health Administration (MSHA) Contractor Identification
Number is: C2798.
MDCI’s awards...
2022: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2021: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2020: AGC- Recognized Leader in Safety
2019: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2018: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2017: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2016: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2015: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2014: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2013: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2013: Liberty Mutual Insurance Company – Outstanding Safety Performance – Silver Safety
Award
2012: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2012: Liberty Mutual Insurance Company – Outstanding Safety Performance –
Commendation Award
2011: ADSC -Outstanding Safety Program - Recognized Leader in Safety
2010: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2009: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2008: ADSC- Outstanding Safety Program - Recognized Leader in Safety
2008: Turner Construction - Company Subcontractor of the Year
Malcolm Drilling Company, Inc
C O N T R A C T O R Q U A L I F I C A T I O N S
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 96 of 157
12
Performance Record
Malcolm Drilling Company, Inc
C O N T R A C T O R Q U A L I F I C A T I O N S
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 97 of 157
13
Overhead
Malcolm Drilling Company, Inc
C O N T R A C T O R Q U A L I F I C A T I O N S
MDCI's overhead, expressed as a percentage, stands at a competitive 10%.
Corporate Information
Established 1962
Date of Incorporation: July 1968
IFEIN: 94-1671918
DUNS: 045031267
CAGE: 35CE5
SIC Primary Code: 1771 and 1799
NAICS Primary Code: 237900 and 213114
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 98 of 157
www.malcolmdrilling.com
Matt Kennedy
mkennedy@malcolmdrilling.com
253-395-3300
Garrett Bartley
gbartley@malcolmdrilling.com
510-967-1343
For inquiries,
contact us.
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 99 of 157
Attachment 5
Schematic Annotated Drawings
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 100 of 157
Selected Drone Photos 3/5/2024
1
Looking south-southwest at discharge point along Palos Verdes Drive South
Upstream end of culvert /
discharge point(obscured by
vegetation)
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
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Exhibit A
Page 101 of 157
Selected Drone Photos 3/5/2024
2
Looking east-southeast at “Gateway” and E1 work area
Gateway” access point,
staging area, and E1
initiation point
Driveway to access
Ishibashi Farm Trail
Sonic exploratory
holes and possible
vertical well field
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 102 of 157
Selected Drone Photos 3/5/2024
3
Looking east-southeast at fractures around E1 work area
Large fractures to be
backfilled by tremie
grouting
Sonic exploratory
holes and possible
vertical well field
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 103 of 157
N
807 + Trailer pump + Forklift + 7m stokes Putsmister TK 65 + Eco pans for washouts + 2nd relay pump + Slick
lines
D6 + Excavator + Bobcat
Area E1.2 -
Moderate Fractures
Area E1.1 -
Large Fractures
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 104 of 157
N
Area E1.1 -
Large
Fractures
Peppertree Trail -
Access to E1 Sonic
Hole
Peppertree Trail
50Ft x 2ft wide
370 CY
200Ft x 3ft to 4ft wide
2,250CY
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 105 of 157
N
45ft x 2ft wide
335CY
25ft x 2ft wide
75ft x 2ft wide
80ft x 2ft wide
45ft x 1ft wide
15ft x 2ft wide
Area E1.2 -
Moderate
Fractures
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 106 of 157
Selected Drone Photos 3/5/2024
4
Looking northeast at E2 work area
Ishibashi Farm Trail
Malcolm / GLA site
recon group
Sonic exploratory holes and
E2 lower array
Sonic exploratory
holes and E2 upper
array
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 107 of 157
Selected Drone Photos 3/5/2024
5
Looking east-southeast at E2 work area
Ishibashi
Farm Trail
Malcolm / GLA site
recon group
Sonic exploratory
holes and E2
lower array
Sonic exploratory
holes and E2 upper
array
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 108 of 157
150
160
170
180
1
9
0
21
0
2
4
0
2
5
0
260
70
4
0
5
0
60
70
40
5
0
60
7
0
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0
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0
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0
30
40
50
6
0
70
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7
0
80
9
0
100
110
120
130
140
1
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0
160
170
180
190
200
1
8
0
1
9
0
2
0
0
2
1
0
2
2
0
2
3
0
2
4
0
2
5
0
2
6
0
27
0
2
8
0
280
2
8
0
2
9
0
290
3
0
0
300
31
0
31
0
3
2
0
320
3
3
0
330
3
4
0
340
3
5
0
350
3
6
0
360
3
7
0
370
25
0
2
5
0
260
27
0
28
0
410
4
2
0
4
3
0
4
4
0
4
5
0
4
6
0
4
7
0
480
490
50
0
510
5
2
0
5
3
0
170
170
180
180
180
190
20
0
60
70
80
90
100
110
120
13
0
140
150
1
6
0
160
160
170
170
170
180
180
180
180
180
190190
190
10
20
30
40
5
0
6
0
70
80
8
0
80
90100
110
120
130
140
150
16
0
160
160
170
180
190
200
210
220
230
10
20
30
4050
60
70
80
90
100
110
110
110
120
120
120
130
140
1
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0
160
17
0
180
16
0
1
6
0
17
0
1
7
0
18
0
1
8
0
180
1
8
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190
200
210
220
230
240
250
260
270
100
2
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0
2
5
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N
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YACHT
HARBOR
DRIVE
PRIVATE
PALOS VERDES DRIVE SOUTH
E-1
I-1
I-2
I-3
I-4
I-5
I-6
I-7
REV. NO.
DATE OF ISSUE:
DRAWN BY:
DESIGNED BY:
CHECKED BY:
APPROVED BY:
DATE DESCRIPTION APPROVED BY
This drawing has not been published but rather has been prepared by Geo-Logic Associates, Inc. for use by the client named in the title block, solely in respect of the construction
operation, and maintenance of the facility named in the title block. Geo-Logic Associates, Inc. shall not be liable for the use of this drawing on any other facility or for any other purpose.
PROJECT NO.
DRAWING NO.
3150 Bristol Street Suite 210, Costa Mesa, California 92626
geo-logic.com 714.465.8240
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES,CA 90275
THE CITY OF
RANCHO PALOS VERDES
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100'50'0'100'200'
CITY OF RANCHO PALOS VERDES
PORTUGUESE BEND LANDSLIDE
MITIGATION
LOS ANGELES COUNTY, CA
SO23.1202PROPOSEDE-1 HYDRAUGER LOCATION
4
INTERIM WORK PRODUCT - NOT FOR CONSTRUCTION
PENDING PENDING PENDING PENDING
PENDING
AW
CM
PENDING
PENDING
LENGTH IN PLAN = 1,200 FEET (TYPICAL)
PROPOSED FLEXIBLE
DISCHARGE LINE TO EXISTING
STORM DRAIN RISER
APPROXIMATE LENGTH IN
PLAN = 310 FT)
LEGEND
EXISTING TOPOGRAPHY, 10 FT ELEVATIONCONTOUR200
APPROXIMATE LIMITS OF SUBSLIDES OF PORTUGUESE BEND
LANDSLIDE (BASED LEIGHTON, 2000)
APPROXIMATE LIMITS OF PORTUGUESE BEND LANDSLIDE
BASED ON LEIGHTON, 2000)
8."BRIC PROJECT LIMITS" DENOTES PROJECT AREA IDENTIFIED IN
BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES" FUNDING
APPLICATION PACKAGE.
7.CONTRACTOR IS RESPONSIBLE TO CAPTURE WATER PRODUCED
FROM DRAINS DURING CONSTRUCTION; PERFORM ANALYTICAL
LABORATORY TESTING OF REPRESENTATIVE WATER SAMPLES;
FURNISH AND INSTALL STORAGE, TREATMENT, AND/OR PUMPING
EQUIPMENT AS NEEDED FOR COMPLIANCE WITH PERMIT
REQUIREMENTS.
6.CONTRACTOR TO INSTALL PLUMBING CONNECTIONS TO EXISTING
DRAINAGE LINES AND/OR PROPOSED SWALES.
5.CONTRACTOR TO FURNISH AND INSTALL PUMPS AND ELECTRICAL
CONNECTIONS FOR PUMP-ASSISTED SWALES.
4.CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY ELEVATIONS
SHOWN.
3.EXISTING TOPOGRAPHY PROVIDED BY CITY OF RANCHOS PALOS
VERDES DATED 2017 AND UPDATED BY CALVADA SURVEYING, INC. IN
JANUARY 2024.
2.CONTRACTOR IS RESPONSIBLE TO INSTALL GROUTED CONDUCTOR
AND/OR SURFACE CASING WITH ADEQUATE CAPACITY TO PREVENT
BLOWOUT AND/OR OTHER POTENTIAL ADVERSE EVENTS RELATED TO
HYDRAUGER INSTALLATION, OPERATION, AND/OR MAINTENANCE.
1.CONTRACTOR IS RESPONSIBLE TO PERFORM PRE-CONSTRUCTION
CONFIRMATION SUBSURFACE EXPLORATION TO VERIFY
GROUNDWATER, SOIL, AND BEDROCK CONDITIONS.
NOTES
PROPOSED HYDRAUGER ARRAY LOCATION. YELLOW SHADED
AREA REPRESENTS ACCESS, LAYDOWN AREA, AND HYDRAUGER
INITIATION AREA, BLACK LINE REPRESENTS DIRECTION AND
LENGTH OF HYDRAUGERS IN PLAN VIEW.E-1
APPROXIMATE LOCATION OF SHORELINE
PRESERVE PROPERTY BOUNDARY
BRIC PROJECT LIMITS(8)
PROPOSED FLEXIBLE DISCHARGE LINE TO KLONDIKE CANYON
APPROXIMATE LOCATION OF TRAIL BASED CITY OF RANCHO
PALOS VERDES MAPS
EXISTING IMPROVEMENTS BASED ON 2024 CALVADA
SURVEYING, INC. SURVEY UPDATE.
PROPOSED INSTRUMENTATION LOCATION
DUAL VERTICAL BOREHOLE)I-7
TIE INTO EXISTING
STORM DRAIN RISER
Suggested 8" Smooth
HDPE Manifold to a
12" Flexible discharge
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 109 of 157
1
2
3
4R400MINIMUM
DRILL RIG
WORKING
PLATFORM
20-IN. NOMINAL BORE DIAMETER
16-IN. DIA. / 0.375-IN. WALL THICKNESS STEEL CASING
4-IN. DIA. SCHEDULE 40 BLANK PVC CASING
1 1
4 IN. DIA. SCHEDULE
40 PVC WATER LINE
CEMENT GROUT
170 FT.
80 FT.
VARIES
0.5'
0.5'
TRAFFIC-RATEDVAULTEXISTINGGROUNDSURFACE
FLEXIBLE CONNECTOR
TO DISCHARGE MANIFOLD
4-IN. DIA. SCHEDULE 40 SLOTTED PVC CASING
PENDING PENDING PENDING PENDING
PENDING
AW
CM
PENDING
PENDING
CITY OF RANCHO PALOS VERDES
PORTUGUESE BEND LANDSLIDE
MITIGATION
LOS ANGELES COUNTY, CA
SO23.1202HYDRAUGERDETAILS - DIRECTIONAL
10
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REV. NO.
DATE OF ISSUE:
DRAWN BY:
DESIGNED BY:
CHECKED BY:
APPROVED BY:
DATE DESCRIPTION APPROVED BY
This drawing has not been published but rather has been prepared by Geo-Logic Associates, Inc. for use by the client named in the title block, solely in respect of the construction
operation, and maintenance of the facility named in the title block. Geo-Logic Associates, Inc. shall not be liable for the use of this drawing on any other facility or for any other purpose.
PROJECT NO.
DRAWING NO.
3150 Bristol Street Suite 210, Costa Mesa, California 92626
geo-logic.com 714.465.8240
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES,CA 90275
THE CITY OF
RANCHO PALOS VERDES
4.CONTRACTOR TO ENSURE THAT THE PROFILE AND DIRECTION OF THE
HYDRAUGER CONFORMS TO THE DESIGN ON SHEET 7.
3.THE BOREHOLE FOR THE CONDUCTOR CASING SHALL BE A MINIMUM OF
12-INCHES IN DIAMETER. THE CONDUCTOR CASING SHALL CONSIST OF
8-INCH DIAMETER, SCHEDULE 40, LOW CARBON STEEL.
2.ANGLE OF ATTACK FOR THE HYDRAUGER IS PER PLAN SHEET 7 PER THE
ENGINEER. THE DEPTH AND LENGTH OF THE CONDUCTOR CASING IS TO BE
DETERMINED BEFORE THE START OF DRILLING OPERATIONS TO WITHSTAND
2 TIMES THE MAXIMUM ANTICIPATED HYDROSTATIC PRESSURE.
1.CONTRACTOR TO EXCAVATE SUMP TO CONTAIN DRILLING FLUIDS AND
CUTTINGS. CONTRACTOR TO CONSTRUCT WORKING PLATFORM TO
ACCOMMODATE DRILLING OPERATION. DIMENSIONS TO BE DETERMINED
BY DRILLING CONTRACTOR. WATER USED FOR DRILLING AND DEVELOPED
FROM THE DRILL SHALL BE DISPOSED OF BY THE CONTRACTOR WITHOUT
DAMAGE TO THE PROJECT OR THE ENVIRONMENT.
NOTES
SURFACE COMPLETION
FOR DIRECTIONAL HYDRAUGERS
DETAIL
NTS
TYPICAL HYDRAUGER
DIRECTIONAL
DETAIL
NTS
INTERIM WORK PRODUCT - NOT FOR CONSTRUCTION
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 110 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 111 of 157
1
3
45
2
20-IN. NOMINAL BORE DIAMETER
16-IN. DIA. / 0.375-IN. WALL
THICKNESS STEEL CASING
4-IN. DIA. SCHEDULE
40 BLANK PVC CASING
1 1
4 IN. DIA. SCHEDULE
40 PVC WATER LINE
CEMENT GROUT
0.5'
EXISTING GROUND SURFACE
FLEXIBLE CONNECTOR
TO DISCHARGE MANIFOLD
4-IN. DIA. SCHEDULE 40 SLOTTED PVC CASING
0.5'
80 FT.
170 FT.
VARIES
PENDING PENDING PENDING PENDING
PENDING
AW
CM
PENDING
PENDING
CITY OF RANCHO PALOS VERDES
PORTUGUESE BEND LANDSLIDE
MITIGATION
LOS ANGELES COUNTY, CA
SO23.1202HYDRAUGERDETAILS - HORIZONTAL
11
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REV. NO.
DATE OF ISSUE:
DRAWN BY:
DESIGNED BY:
CHECKED BY:
APPROVED BY:
DATE DESCRIPTION APPROVED BY
This drawing has not been published but rather has been prepared by Geo-Logic Associates, Inc. for use by the client named in the title block, solely in respect of the construction
operation, and maintenance of the facility named in the title block. Geo-Logic Associates, Inc. shall not be liable for the use of this drawing on any other facility or for any other purpose.
PROJECT NO.
DRAWING NO.
3150 Bristol Street Suite 210, Costa Mesa, California 92626
geo-logic.com 714.465.8240
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES,CA 90275
THE CITY OF
RANCHO PALOS VERDES
5.CONTRACTOR TO ENSURE THAT THE PROFILE AND DIRECTION OF THE
HYDRAUGER CONFORMS TO THE DESIGN ON SHEETS 8 AND 9.
4.THE BOREHOLE FOR THE CONDUCTOR CASING SHALL BE A MINIMUM OF
12-INCHES IN DIAMETER. THE CONDUCTOR CASING SHALL CONSIST OF
8-INCH DIAMETER, SCHEDULE 40, LOW CARBON STEEL.
3.ANGLE OF ATTACK FOR THE HYDRAUGER IS PER PLAN SHEETS 8 AND 9 PER
THE ENGINEER. THE DEPTH AND LENGTH OF THE CONDUCTOR CASING IS TO
BE DETERMINED BEFORE THE START OF DRILLING OPERATIONS TO
WITHSTAND 2 TIMES THE MAXIMUM ANTICIPATED HYDROSTATIC
PRESSURE.
2.SUBCONTRACTOR TO EXCAVATE AT SLOPE FACE, IF NECESSARY, AND
CONSTRUCT WORKING PLATFORM TO ACCOMMODATE DRILLING
OPERATION.
1.CONTRACTOR TO EXCAVATED SUMP TO CONTAIN DRILLING FLUIDS AND
CUTTING. DIMENSIONS TO BE DETERMINED BY DRILLING CONTRACTOR.
WATER USED FOR DRILLING AND DEVELOPED FROM THE DRILL SHALL BE
DISPOSED OF BY THE CONTRACTOR WITHOUT DAMAGE TO THE PROJECT OR
THE ENVIRONMENT.
NOTES
TYPICAL HYDRAUGER
HORIZONTAL
DETAIL
NTS
SURFACE COMPLETE
FOR HORIZONTAL HYDRAUGERS
DETAIL
NTS
INTERIM WORK PRODUCT - NOT FOR CONSTRUCTION
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 112 of 157
PENDING PENDING PENDING PENDING
PENDING
AW
CM
PENDING
PENDING
CITY OF RANCHO PALOS VERDES
PORTUGUESE BEND LANDSLIDE
MITIGATION
LOS ANGELES COUNTY, CA
SO23.1202HYDRAUGERDETAILS - DRILLING & PUMPING EQUIPMENT
12
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REV. NO.
DATE OF ISSUE:
DRAWN BY:
DESIGNED BY:
CHECKED BY:
APPROVED BY:
DATE DESCRIPTION APPROVED BY
This drawing has not been published but rather has been prepared by Geo-Logic Associates, Inc. for use by the client named in the title block, solely in respect of the construction
operation, and maintenance of the facility named in the title block. Geo-Logic Associates, Inc. shall not be liable for the use of this drawing on any other facility or for any other purpose.
PROJECT NO.
DRAWING NO.
3150 Bristol Street Suite 210, Costa Mesa, California 92626
geo-logic.com 714.465.8240
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES,CA 90275
THE CITY OF
RANCHO PALOS VERDES
INTERIM WORK PRODUCT - NOT FOR CONSTRUCTION
EXAMPLE
ELECTRIC PUMP
DETAIL
NTS
WATER STORAGE TANK
ELECTRIC PUMP
DETAIL
NTS
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 113 of 157
Attachment No. 2
Contractor’s Standard Terms and Conditions
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 114 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 115 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 116 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 117 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 118 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 119 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 120 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 121 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 122 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 123 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 124 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 125 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 126 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 127 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 128 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 129 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 130 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 131 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
Page 132 of 157
DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
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Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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DocuSign Envelope ID: 0C9108D7-A1E4-4BBB-A8C0-0F6F8D06188A
Resolution No. 2024-25
Exhibit A
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Certificate Of Completion
Envelope Id: 0C9108D7A1E44BBBA8C00F6F8D06188A Status: Completed
Subject: Complete with DocuSign: E1_E2_Emgy_Hydraugers_PW_Agreement_2024.05.09.pdf
Source Envelope:
Document Pages: 152 Signatures: 5 Envelope Originator:
Certificate Pages: 5 Initials: 0 Jeremiah Sunwoo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
jsunwoo@rpvca.gov
IP Address: 72. 34.97.146
Record Tracking
Status: Original
5/9/2024 4:18:05 PM
Holder: Jeremiah Sunwoo
jsunwoo@rpvca.gov
Location: DocuSign
Signer Events Signature Timestamp
Brock Nieuwkoop
brockn@malcolmdrilling.com
Vice President
Malcolm Drilling
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.230.90.146
Sent: 5/9/2024 4:46:06 PM
Viewed: 5/14/2024 11:01:37 AM
Signed: 5/14/2024 11:03:35 AM
Electronic Record and Signature Disclosure:
Accepted: 5/14/2024 11:01:37 AM
ID: 33a1f96c-ed7c-45c1-ae8f-c2e48b98da7e
Jason Malcolm
jasonmalcolm@malcolmdrilling.com
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.245.190.94
Sent: 5/14/2024 11:03:40 AM
Viewed: 5/14/2024 2:28:48 PM
Signed: 5/14/2024 2:29:01 PM
Electronic Record and Signature Disclosure:
Accepted: 5/14/2024 2:28:48 PM
ID: f2f4f1f6-8bbf-402d-b03a-fbf646493aa7
Elena Q. Gerli
egerli@awattorneys.com
City Attorney
Security Level: Email, Account Authentication
None)Signature Adoption: Pre-selected Style
Using IP Address: 50.112.162.3
Sent: 5/14/2024 2:29:06 PM
Viewed: 5/14/2024 2:33: 55 PM
Signed: 5/14/2024 2:34:24 PM
Electronic Record and Signature Disclosure:
Accepted: 5/14/2024 2:33:55 PM
ID: 70431aef-cdda-4ed5-954b-241dab3f8059
John Cruikshank
john.cruikshank@rpvca.gov
Mayor
Security Level: Email, Account Authentication
None)Signature Adoption: Pre-selected Style
Using IP Address: 172.119.57.203
Sent: 5/14/2024 2:34:29 PM
Viewed: 5/14/2024 2:36:25 PM
Signed: 5/14/2024 2:37:21 PM
Electronic Record and Signature Disclosure:
Accepted: 5/14/2024 2:36:25 PM
ID: 034b863d-6035-4bfe-a0a1-5ddb505f853c
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Exhibit A
Page 153 of 157
Signer Events Signature Timestamp
Teresa Takaoka
terit@rpvca.gov
Security Level: Email, Account Authentication
None)
Signature Adoption: Drawn on Device
Using IP Address: 72.34.97.146
Sent: 5/14/2024 2:37:28 PM
Viewed: 5/14/2024 2:42:00 PM
Signed: 5/14/2024 2:42:06 PM
Electronic Record and Signature Disclosure:
Accepted: 5/14/2024 2:42:00 PM
ID: 330fff14-f713- 497f-83fb-d4f82a3cd389
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/9/2024 4:46:07 PM
Certified Delivered Security Checked 5/14/2024 2:42:00 PM
Signing Complete Security Checked 5/14/2024 2:42:06 PM
Completed Security Checked 5/14/2024 2:42:06 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Resolution No. 2024-25
Exhibit A
Page 154 of 157
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Rancho Palos Verdes (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronicall y through the DocuSign
system. Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 6/15/2021 5:55:39 PM
Parties agreed to: Brock Nieuwkoop, Jason Malcolm, Elena Q. Gerli, John Cruikshank, Teresa Takaoka
Resolution No. 2024-25
Exhibit A
Page 155 of 157
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Rancho Palos Verdes:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: terit@rpvca.gov
To advise City of Rancho Palos Verdes of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at terit@rpvca.gov and in the body
of such request you must state: your previous email address, your new email address. We do not
require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Rancho Palos Verdes
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to terit@rpvca.gov and in the body of
such request you must state your email address, full name, mailing address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Rancho Palos Verdes
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
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Exhibit A
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i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to terit@rpvca.gov and in the body of such request you must state your
email, full name, mailing address, and telephone number. We do not need any other information
from you to withdraw consent.. The consequences of your withdrawing consent for online
documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify City of Rancho Palos Verdes as described above, you consent
to receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by City of Rancho Palos Verdes during the course of your relationship
with City of Rancho Palos Verdes.
Resolution No. 2024-25
Exhibit A
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