Loading...
LSA Associates Inc - FY2026-021Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and LSA ASSOCIATES, INC. 01203.0001/835260.1 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND LSA ASSOCIATES, INC. THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on July 1, 2025 by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and LSA ASSOCIATES, INC., a private California Corporation ("Consultant"). City and Consultant may be referred to, individually or collectively, as "Party" or "Parties." RECITALS A. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. B. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS 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: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services", as stated in the Proposal, attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 01203.0001/835260.1 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's Proposal which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such Proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements: (a) Public Work. The Parties acknowledge that some or all of 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. Consultant shall post job site notices, as prescribed by regulation. (b) Prevailing_ Wages. Consultant shall pay prevailing wages to the extent 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, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Consultant 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 Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) 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 Consultant or by any subcontractor. 01203.0001/835260.1 2 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant 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. (e) Apprentices. Consultant 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. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight -Hour Work Day. Consultant acknowledges that 8 (eight) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 (eight) hours in any one calendar day and 40 (forty) 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 Consultant in excess of 8 (eight) hours per day, and 40 (forty) 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 one and 11/2 (one and one half) times the basic rate of pay. (h) 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, Consultant 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." DS QP 7/18/2025 Consultant's Authorized Initials (i) Consultant's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such 01203.0001/835260.1 3 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 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. Consultant 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. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant 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 Consultant'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. 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services 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. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer in the form of a Change Order. 1.7 Care of Work. The Consultant shall adopt reasonable methods during the life of the 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 may be caused by City's own negligence. 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry 01203.0001/835260.1 4 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.9 Additional Services 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 Services or make changes 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 Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to 15% (fifteen percent) of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a written Change Order. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. If in the performance of the Services, the Contractor becomes aware of material defects in the Scope of Work, duration, or span of the Services, or the Contractor becomes aware of extenuating circumstance that will or could prevent the completion of the Services, on time or on budget, the Contractor shall inform the City's Contract Officer of an anticipated Change Order. This proposed change order will stipulate the facts surrounding the issue, proposed solutions, proposed costs, and proposed schedule impacts. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit `B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for 01203.0001/835260.1 5 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 actual expenses, shall not exceed $550,000 (Five Hundred Fifty Thousand Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9. 2.2 Method of Compensation. (a) The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. (b) A retention of 10% shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory and timely completion of services. This retention shall not apply for on -call agreements for continuous services or for agreements for scheduled routine maintenance of City property or City facilities. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant 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 Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice, using the City template, or in a format acceptable to the City, 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, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub- contractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within 45 (forty-five) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City 01203.0001/835260.1 6 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer through a Change Order, but not exceeding 90 (ninety) days cumulatively. 3.3 Force Maieure. 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 Consultant, 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, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one year from the date herof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 01203.0001/835260.1 7 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Anthony Petros Chief Executive Officer (Name) (Title) Justin CM Chief Financial Officer (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 foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only the personnel included in the Proposal to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. City shall have the right to approve or reject any proposed replacement personnel, which approval shall not be unreasonably withheld. 4.2 Status of Consultant. Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant'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. Consultant expressly waives any claim Consultant may have to any such rights. 01203.0001/835260.1 8 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 4.3 Contract Officer. The Contract Officer shall be David Copp, Deputy Public Works Director, or such person as may be designated by the Director of Public Works. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant 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. Consultant 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 Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant 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; all subcontractors included in the Proposal are deemed approved. In addition, 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. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more 25% (twenty five percent) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own 01203.0001/835260.1 9 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 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. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 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. (b) Automobile liability insurance. Consultant 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 Consultant 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. Consultant 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 Consultant 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. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant 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. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit `B". 5.2 General Insurance Requirements. (a) Proof of insurance. Consultant 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. 01203.0001/835260.1 10 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 (b) Duration of coverage. Consultant 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 Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant 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. (d) 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 and continuously maintain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 01203.0001/835260.1 11 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 by the Consultant. 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. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each required coverage. 0) 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. (1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant'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. Consultant 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 Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, 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 the contract to change the amounts and types of insurance required by giving the Consultant 90 (ninety) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant'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, 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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 01203.0001/835260.1 12 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 (q) Additional insurance. Consultant 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. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The 01203.0001/835260.1 13 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies 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 Contract Officer 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 Contract Officer 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 three (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 Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant 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. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant 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, Consultant agrees that if Consultant 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 or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 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 Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant 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 hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of 01203.0001/835260.1 14 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the 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 Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant 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) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer 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 Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, 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 there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. 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 01203.0001/835260.1 15 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant 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 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 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. Acceptance by City of any work or services by Consultant 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. 01203.0001/835260.1 16 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 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 parry 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 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Party. If termination is due to the failure of the other Party to fulfill its obligations under this Agreement: (a) City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. (b) Consultant may, after compliance with the provisions of Section 7.2, terminate the Agreement upon written notice to the City`s Contract Officer. Consultant shall be entitled to payment for all work performed up to the date of termination. 01203.0001/835260.1 17 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 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 Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant 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 Consultant's performance of services under this Agreement. Consultant 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 Contract Officer. Consultant 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 the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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 Aiainst Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that 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. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, 01203.0001/835260.1 18 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant 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 Consultant 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, Consultant 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 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 City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, 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 (seventy two) hours from the time of mailing if mailed as provided in this section. 9.2 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. 9.3 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. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. 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 Consultant and by 01203.0001/835260.1 19 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 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. 9.6 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 (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is 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. Consultant 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. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), 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. Consultant 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. os A 7/18/2025 Consultant's Authorized Initials 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such parry 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) that 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] 01203.0001/835260.1 20 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: DocuSigned by: 7/18/2025 Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP LuSiq,'nedbIy: W�bt7 2025 William Wynder, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation DocuS b: Qj�-7/18/2025 David L. Bradley, Mayor CONSULTANT: LSA ASSOCIATES, INC., a private California Corporation Do'c/IIiL.1q uSi--gned by: 1�" lll/l�lA.DPt1rbS 7/18/2025 B v: 8704813CCB4 F47F... Name: Anthony Petros Title: Chief Executive Officer Signed by: , L&SfiV, (y,� 7/18/2025 By: Name: Justin Cary Title: Chief Financial Officer Address: 3210 El Camino Real, Suite 100 Irvine, CA 92602 Two corporate officer signatures required when Consultant 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. 01203.0001/835260.1 21 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 EXHIBIT "A" SCOPE OF SERVICES As part of this Agreement, the Consultant shall perform the scope of services described in their proposal (see Exhibit "E") in support of the Portuguese Bend Emergency Landslide Stabilization Project (the Project). For reference, the Project includes, but is not limited to the following general scopes of work that is to be carried out by multiple consultants and contractors separately from this Agreement: 1. Operating and maintaining approximately 10 Deep Dewatering Wells (DDWs) generally consisting of re -drilling or replacing sheared wells. 2. Installing, maintaining and repairing emergency winterization measures (fissure filling, temporary canyon lining, drainage system repairs, and street re -grading and re -surfacing) to reduce the infiltration of water into the ground, and related work. 01203.0001/835260.1 A-1 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 EXHIBIT `B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in soil eugh. I. Section 1.2, Consultant's Proposal, is amended to read: The Scope of Service shall include the Consultant's Proposal, attached hereto as Exhibit "E" and "ieh shall incorporated herein by this reference, as though fully set forth herein. In the event of any inconsistency between the terms of such Proposal and this Agreement, the terms of this Agreement shall govern. II. Section 1.4, Compliance with California Labor Law, is amended to add a new Subsection 0), as follows: 6) Registration with DIR. Pursuant to Labor Code section 1771.1, if Contractor will be performing work subject to the requirement to pay prevailing wages, 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. III. Section 2.2, Method of Compensation, is amended to read: (a) The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. RM �W.m IN I I W-0,01 410M.". M, 1111111 W 0, 01. MO., 01203.0001/835260.1 B-1 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the scope of services based on the details and billing rates provided in the proposal (See Exhibit "E"). II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. V. The Consultant's billing rates for all personnel are attached as Exhibit "E". 01203.0001/835260.1 C-1 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 EXHIBIT I'D SCHEDULE OF PERFORMANCE I. The Services shall commence following Notice -to -Proceed, and will include the scope of services specified in Exhibit "A", as the scope of construction work for the project is authorized by the City on a task order basis. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval. 01203.0001/835260.1 D-1 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 EXHIBIT "E" CONSULTANT'S PROPOSAL [CONTINUED ON NEXT PAGE] 01203.0001/835260.1 D-2 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, CA SCOPE OF SERVICES LSA has prepared the following scope of services to provide continued assistance to the City of Rancho Palos Verdes (City) with environmental monitoring and resource/regulatory agency coordination associated with the ongoing Portuguese Bend Landslide Emergency Project (project). Our scope of services is outlined in the tasks below: PHASE 01—WORKER ENVIRONMENTAL AWARENESS TRAINING Task 1.1: Biological Resources Worker Environmental Awareness Training Paragraph 11 of Section 5.5, Habitat Impact Avoidance and Minimization Measures for Covered Projects and Activities, of the NCCP/HCP, requires the City to provide an education program to all personnel on the potential presence and treatment of protected species and habitat in the project area. In addition, Mitigation Measure BIO-3: Worker Environmental Awareness Training, included in the Draft EIR for the Portuguese Bend Landslide Remediation Project mandates that the City's Development Services Director or designee, confirm that Worker Environmental Awareness Training shall be conducted by a City - approved, qualified biologist prior to project groundbreaking. This scope of work anticipates completion of additional winterization activity in Paintbrush, Ishibashi, and Portuguese Canyons. Under Task 1.1, LSA will utilize the previously developed Worker Environmental Awareness Program (WEAP) to conduct trainings in advance of this activity that meet the requirements of the NCCP/HCP and satisfies the requirements of Mitigation Measure BIO-3. Persons present at the WEAP training will learn the procedures to follow in the event that sensitive biological resources are uncovered during ground -disturbing activities. These procedures include halting or redirecting construction work to avoid impacts to resources, and the immediate contact of the site supervisor, Construction Manager (CM), and on -site qualified biological monitor. This task includes up to two on -site WEAP trainings at the commencement of winterization activities. Deliverables: • Up to two on -site WEAP trainings. The total cost of Task 1.1 is $1,200. Task 1.2: Cultural Resources Worker Environmental Awareness Training Mitigation Measure CUL-2: Worker Environmental Awareness Program (WEAP), included in the Draft EIR for the Portuguese Bend Landslide Remediation Project mandates that prior to commencing construction activities involving ground disturbance, the City's Qualified Archaeologist and Archaeological Resources Monitor shall conduct a WEAP training for all construction personnel on how to work with the monitor to identify and minimize impacts to archaeological resources and maintain environmental compliance. Under Task 1.2, LSA will provide up to two WEAP trainings for all personnel working on the job site using the program previously developed for the emergency project. Persons present at the WEAP trainings will learn the procedures to follow in the event that sensitive archaeological and/or paleontological 6/14/25 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, CA resources are uncovered during ground -disturbing activities. These procedures include halting or redirecting construction work to avoid impacts to resources, and the immediate contact of the site supervisor, CM, and on -site qualified archaeological and/or paleontological monitor. This task includes up to two on -site WEAP trainings at the commencement of construction. Deliverables: • Up to two on -site WEAP trainings. The total cost of this Task 1.2 is $1,200. The total cost of Phase 01 is $2,400. PHASE 02 - RESOURCE/REGULATORY EMERGENCY PERMITTING ASSISTANCE LSA will continue to assist the City in maintaining a strategy for compliance with required emergency permits and approvals for continued work on the project. Based on the timeline for completing project activities such as winterization in Paintbrush, Ishibashi, and Portuguese Canyons, it is anticipated that these activities will need to be covered under the emergency permitting secured for the project. Required permitting for these project activities is identified under Task 2.1. The following tasks describe the work LSA would perform under Phase 02. Task 2.1: Permitting Strategy Development and Tracking Under Task 3.1, LSA will continue to track the necessary regulatory and permitting requirements for emergency projects and coordinate between the City and the various permitting agencies. In addition, LSA will continue to maintain the project permitting strategy and a permitting strategy matrix to track the permitting process. LSA will continue to prepare and distribute regular project updates to the interested and permitting regulatory agencies. Deliverables: • Emergency permitting strategy. • Tracking through a Permitting Strategy Matrix. • Regular agency coordination and updates. The total cost of Task 2.1 is $14,100. Task 2.2: Agency Noticing/Permit Preparation Under Task 2.2, LSA will assist the City in ongoing management of permitting and coordination with the regulatory agencies (described below in subtasks 2.2.1 through 2.2.4). The following subtasks provide a detailed scope of the requirements applicable to each agency. Task 2.2.1: California Department of Fish and Wildlife —1610 Emergency Exemption Notice California Fish and Game Code section 1602 requires agencies to notify CDFW of any activity that may alter a river, streambed, or lake. Because the project is situated in an area with identified drainages and would discharge groundwater into a drainage, the project has potential to affect one of these bodies. 6/14/25 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 202S RANCHO PALOS VERDES, CA Fish and Game Code section 1610 allows for emergency notification for activities like the project. LSA assisted the City with filing a 1610 Emergency Exemption Notice with the California Department of Fish and Wildlife (CDFW) via the EPIMS system. Under this task, LSA will continue to assist the City with updating CDFW and coordinating amendments to the 1602 notice. Deliverables: • Amendments, if required, to account for ongoing emergency work. • Ongoing agency updates. The total cost of Task 2.2.1 is $9,700. Task 2.2.2: State Water Resources Control Board/Regional Water Quality Control Emergency Board Permitting Under Task 2.2.2, LSA will continue to coordinate with the State Water Resources Control Board (SWRCB) and the Regional Water Control Board (RWQCB) in maintaining the Regional General Permit (RGP) 63, Emergency Repair and Protection Activities, for the emergency project. This includes providing regular updates to the Water Board, including calculation of impact areas associated with project activities. Under this task, LSA will also assist the City with completing this process with the RWQCB following completion of the emergency project. Deliverables: • Preparation and delivery of permit notices. • Coordination with City staff on payment of permit application fees. The total cost of Task 2.2.2 is $10,000. Task 2.2.3: Regional Water Quality Control Board National Pollutant Discharge Elimination System LSA assisted the City with preparation of a Notice of Intent to Comply With General Waste Discharge Requirements and NPDES permit as required by the CWA to allow the City to discharge water from the emergency project. Under this task, LSA will continue to coordinate with Los Angeles RWQCB staff on supporting documentation for the permit and coordinate with Ninyo & Moore on the monitoring and reporting requirements of the NPDES permit (See Phase 03). This includes fulfilling permit obligations to the RWQCB, including providing project activity updates and reviewing and filing required monitoring updates (e.g., self -monitoring reports). Deliverables: • Monitoring and reporting program. • Ongoing coordination with RWQCB. The total cost of Task 2.2.2 is $10,000. 6/14/2S Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, CA Task 2.2.4: California Department of Fish and Wildlife/ U.S. Fish and Wildlife Service Coordination This task includes ongoing coordination with the CDFW and USFWS over activities that may affect biological resources in the project area. Coordination activities include facilitating up to four project site visits by agency staff, as well as hosting up to four conference calls to provide project updates. As part of these meetings, LSA will prepare presentations and other meeting materials. In addition, this task includes initial agency consultation on unexpected discoveries of listed, candidate, or special status species in the field. Any required additional activity not covered under Task 5, such as surveys, additional monitoring, and associated documentation, would require a change order. Paragraph 12 of Section 5.5, Habitat Impact Avoidance and Minimization Measures for Covered Projects and Activities, of the NCCP/HCP, requires the City to submit resumes and other documentation for any biologist used for implementation of projects covered under the NCCP/HCP. Similarly, Mitigation Measure BIO-9: Retaining a qualified biologist, included in the Draft EIR for the Portuguese Bend Landslide Remediation Project, requires retention of a qualified biologist, approved by the CDFW and USFWS. In compliance with these requirements, LSA will coordinate on behalf of the City with the CDFW and USFWS by providing required documentation for new biologists working on the project for review and approval. Documentation includes submitting biologists' names, addresses, telephone numbers, resumes, and three references for each proposed biologist. Deliverables: • Names, addresses, telephone numbers, resumes, and three references for each proposed biologist; • Ongoing coordination with the City, CDFW, and USFWS; • A maximum of four (4) meetings with the CDFW and USFWS, including project presentations and planning, coordinating, and conducting site visits by agency staff. The total cost of Task 2.2.4 is $28,300. The total cost of Task 2.2 is $58,000. The total cost of Phase 02 is $72,100. PHASE 03 - REGIONAL WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Task 3.1: Water Quality Coordination LSA will continue to coordinate with Ninyo & Moore on water quality issues that may arise during the course of the remainder of the project, including discussions on the results of the third water quality analysis, and potential need for treatment and type of treatment. This task also includes ongoing project coordination for Ninyo & Moore, including attending meetings, communicating with client representatives and subcontractors, communications with the City pertaining to water quality issues, and updating LSA with project scope, schedule, and budget changes. 6/14/25 4 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT C A JULY 2025 RANCHO PALOS VERDES, CA J A Deliverables: • Coordination meetings, as needed, with Ninyo & Moore and the project team on water quality issues. The total cost of Task 3.1 is $16,200. Task 3.2: NPDES Permit Maintenance The NPDES Permit issued for the project includes requirements for a Monitoring and Reporting Program, under which the City must provide the results of a water sample analysis on a quarterly basis. Under Task 4.2, Ninyo & Moore will further support the project by providing monthly, quarterly and annual groundwater monitoring services for the various DDWs at the site to ensure water quality parameters remain within permit limits. This task includes measuring field parameters with a water quality meter before collecting a set of groundwater samples from well discharge points DDW-1-6 (Beach Club), DDW- 7 (Portuguese Bend West), DDW-8 (Sacred Cove), and DDW-9a-10 (Abalone Cove). Water samples from each dewatering well discharge location will be analyzed for the following analytes on a monthly basis in accordance with the site -specific WDR permit: • pH & Temp using Standard Method (SM) 4500 H+B • Turbidity using SM 2130B • BOD5 using SM 5210B • Residual Chlorine using SM 4500 CL-G • Total Oil & Grease using United States Environmental Protection Agency (EPA) Method • 1664A • Sulfide using SM 4500-S2-D • Settleable Solids using SM 254OF • Total Suspended Solids using SM 2540D • MBAS using SM 5540C Water samples from each dewatering well discharge location will be analyzed for the following analytes on a quarterly basis in accordance with the site -specific WDR permit: • Enterococci using SM 9230D • Fecal Coliforms using SM 9221E Water samples from each dewatering well discharge location will be analyzed for the following analytes on an annual basis in accordance with the site -specific WDR permit. • PFAS using EPA 1633 • Acute Toxicity (BioAssay of TopSmelt) Ninyo & Moore will prepare quarterly Self -Monitoring Reports (SMRs) for four quarters of monitoring, which will include background information, the history of discharge flow rate and volumes from each DDW, results of laboratory testing and water quality parameter measurements, figure depicting well locations, and summary of compliance items and resolutions. The report will be signed by a Ninyo & 6/14/25 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT C A JULY 2025 RANCHO PALOS VERDES, CA J A Moore, California -licensed, Professional Geologist or Civil Engineer. If necessary, Ninyo & Moore will also provide opinions on potential treatment or discharge of the groundwater. Deliverables: • Water quality test results screening and review for four (4) groups of samples; • Letter reports on groundwater analysis findings to date. The total cost of Task 3.2 is $98,200. Task 3.3: Additional Sampling and Analysis for Permit Compliance (Contingency) Due to potential for exceedance of the permit limit water quality parameters or contaminants of concern in effluent discharge points, additional sampling events may be required to retest for these constituents from a particular discharge point and verify that average concentrations are below permit thresholds. Up to six additional half -day sampling events are assumed for cost -estimating purposes. Associated costs for additional analyses are included as well. Task 3.3 total cost - $2,700. The total cost of Phase 03 is $117,000. PHASE 04 - PRECONSTRUCTION SURVEYS Section 5.6, Avoidance and Minimization Measures for Covered Species, of the NCCP/HCP requires completion of pre -project surveys for covered species known to be found in the project area. These survey requirements are necessary to maintain take permit coverage for covered species. These include surveys for rare plants and host plants for El Segundo Blue Butterfly (Euphilotes battoides allyni) and Palos Verdes Blue Butterfly (Glaucopsyche lygdamus palosverdesensis). Similarly, the NCCP/HCP requires surveys for reptile species, to be conducted prior to and during the first days of initial grading in areas where reptiles are found, and bird species, including coastal California gnatcatcher (Polioptila californica californica), cactus wren (Campylorhynchus brunneicapillus), and raptors. Some species are subject to specific survey protocols requiring a set number of surveys to be conducted at specific times of year and mandating specific notification and avoidance requirements. Also, the Migratory Bird Treaty Act of 1918 (16 U.S.C. §§ 703-712) prohibits the take of protected migratory bird species without prior authorization of the USFWS. For activities occurring during nesting bird season, the USFWS recommends completion of nesting bird surveys prior to ground -disturbing activities or vegetation treatment. It is anticipated that the winterization work will fall outside of the bird nesting season. However, if the work falls within the bird nesting season, nesting bird surveys would be required. Although raptor surveys are described as a separate item in the NCCP/HCP the timing of raptors surveys would be required if the work falls within that window. The NCCP/HCP requires pre -construction surveys for herpetofauna (reptiles) to be conducted prior to and during the first days of initial grading in areas within the NCCP/HCP Preserve (Preserve). However, the methodology of these surveys is not specified within the NCCP/HCP. All herpetofauna species observed will be recorded during the combined survey effort. Due to the dense vegetation and expedited timeframe of the pre -construction survey window, focused reptile surveys are included in the biological resources monitoring task. 6/14/25 6 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, CA The Crotch's bumble bee (CBB) (Bombus crotchii) is a candidate species for listing as endangered under the California Endangered Species Act, and as such, take permits would likely be required for project activities that impact Crotch's bumble bee, their nests or floral resources in the bumblebee's habitat. Crotch's bumble bee surveys conducted by LSA biologist are under a Scientific Collecting Permit (220190001-22105-001) requiring documentation of pre -construction survey results, and agency notification of the outcome of those survey results. Task 4.1: Pre -Construction Rare Plant, Palos Verdes Blue Butterfly Host Plant, Nesting Bird, and Crotch's Bumble Bee Surveys LSA will conduct expedited single -day pre -construction surveys for Crotch's bumble bee (CBB) (Bombus crotchii), rare plants, and nesting birds in Paintbrush, Ishibashi, and Portuguese Canyons. The bumble bee survey will be conducted using binoculars and photography and does not involve capture of bees. Bird and bumble bee nests found during the survey will be marked using GPS and establishment of suitable protection buffers. The rare plant and nesting bird surveys will target NCCP/HCP covered plant and bird species as well as any other rare, threatened, or endangered species for which potential habitat exists on the project site. LSA will prepare a technical letter report documenting the survey methods and results. Deliverables: • Field surveys; • Technical letter report in Adobe Acrobat PDF format documenting the survey methods and results. The total cost of Task 4.1 is $8,500. Task 4.2: Pre -construction Nesting Bird Surveys LSA will conduct pre -construction surveys for nesting birds no more than three days prior to the onset of ground -disturbing activities at Paintbrush, Ishibashi, and Portuguese Canyons. The surveys will target NCCP/HCP covered species as well as any other rare, threatened, or endangered bird species for which potential habitat exists on the project site. An LSA biologist familiar with the target species will survey the appropriate habitat areas. All bird species detected on the site during the survey will be identified to the extent necessary to determine rarity and listing status. If the survey results are negative, ground - disturbing activities (e.g., grading, clearing, and grubbing) must begin within three days (72 hours) of the last survey visit or an updated survey will be required. If active nests are detected, observations of bird nesting activity will be recorded and occupied bird nests will be mapped. An appropriate buffer around the nest location will be established as appropriate for the bird species. No work will occur within the determined buffer of the active nest. Removal of the nest(s) shall be avoided until the young have fledged and/or the nest is no longer active, as determined by a qualified biologist. Additional follow-up survey(s), construction monitoring, and/or coordination with the City or CDFW are not included in this scope of work; however, a change order with a separate scope can be provided if deemed necessary following completion of this task. Upon completion of the pre -construction nesting bird survey, LSA will prepare a single letter report documenting the survey results. The report will include a figure showing the survey area and locations of any active bird nests, as well as any applicable exclusionary buffers. The report will be provided as an 6/14/25 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, CA electronic draft in Adobe Acrobat PDF format. Response to one round of minor comments is included in this scope and estimate. Again, ground disturbance must begin within three days (72 hours) of the last survey, or an updated survey will be required. Deliverables: • Field surveys; Draft technical letter report in Adobe Acrobat PDF format documenting the survey methods and results; • Final technical letter report in Adobe Acrobat PDF format. The total cost of Task 4.2 is $4,200. Task 4.3: Pre -construction Rare Plant, and Palos Verdes Blue Host Plant LSA will conduct pre -construction surveys for rare plants, and the host plants of the Palos Verdes blue butterfly ((Glaucopsyche lygdamus palosverdesensis) prior to ground disturbing activities associated with Paintbrush, Ishibashi, and Portuguese Canyons. The rare plant survey will be conducted in July during the flowering period of the target species in the NCCP/HCP. The survey will target NCCP/HCP covered plant species as well as any other rare, threatened, or endangered plant species for which potential habitat exists on the project site. An LSA biologist familiar with the target species will survey the appropriate habitat areas. All plant species detected on the site during the survey will be identified to the extent necessary to determine rarity and listing status. If any target plant species are found, the biologist will flag the location and take global positioning system (GPS) coordinates. A survey for host plants of the Palos Verdes blue butterfly (Glaucopsyche lygdamus palosverdesensis) will be conducted at the time of the rare plant survey. Host plants of this butterfly include Santa Barbara milkvetch (Astragalus trichopodus var. lonchus) and deerweed (Acmispon glaber). Any locations of these species encountered during the survey will be mapped with GPS. Upon completion of the pre -construction surveys, LSA will prepare a single letter report documenting the survey results. The report will include a figure showing the survey area and locations of any rare plants, Palos Verdes blue butterfly (Glaucopsyche lygdamus palosverdesensis) host plants, as well as any applicable exclusionary buffers. The report will be provided as an electronic draft in Adobe Acrobat PDF format. Response to one round of minor comments is included in this scope and estimate. Deliverables: • Field surveys; Draft technical letter report in Adobe Acrobat PDF format documenting the survey methods and results; • Final technical letter report in Adobe Acrobat PDF format. The total cost of Task 4.3 is $2,600. 6/14/2s 8 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, CA Task 4.4: Pre -Construction Bumble Bee and Bee Nest Survey LSA will conduct a pre -construction survey for Crotch's bumble bee (CBB) (Bombus crotchii) in the Paintbrush, Ishibashi, and Portuguese Canyons. The survey will consist of a one -day foraging bumble bee survey followed by a bumble bee nest survey in areas of suitable habitat. An LSA biologist authorized to survey for CBB by the CDFW will conduct the surveys in accordance with the most recent CDFW guidelines: Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species (CDFW, June 6, 2023). At least 14 days prior to the anticipated start date of the surveys, LSA will submit a notification of intent to survey to the CDFW. Bumble bees encountered during surveys will be captured with a net, photographed, and released on site. The bumble bee nest survey involves systematically walking through suitable nesting habitat areas while looking for potential nest sites and for high levels of bee activity that may signal a nest site. After completion of the surveys, LSA will prepare a survey letter report describing the habitat on site and documenting the survey results. In accordance with LSA's survey permit, copies of the reports will be submitted to CDFW within two weeks of report completion, and location information for any CBB detected will be submitted to the California Natural Diversity Database. If CBB is detected during the surveys, additional coordination with CDFW may be required to avoid or mitigate impacts. Deliverables: • Field surveys; Draft technical letter report in Adobe Acrobat PDF format documenting the survey methods and results; • Final technical letter report in Adobe Acrobat PDF format. The total cost of Task 4.4 is $8,600. The total cost of Phase 04 is $23,900. Phase 05 — Biological Resources Monitoring Task 5.1: Monitoring LSA will provide biological monitoring for the construction areas associated with Paintbrush, Ishibashi, and Portuguese Canyons winterization activity. This scope of work anticipates that one biological monitor will be required to observe disturbances in previously undisturbed land areas on a full-time basis for 12 hours a day, 6 days per week (Monday through Saturday), for four weeks. Consistent with the requirements of the Migratory Bird Treaty Act (MBTA), monitors will record observations of bird/raptor nesting activity and the occupied bird/raptor nests will be mapped throughout the 4 week period as it is nesting bird season (February 1 through September 15). A buffer around the nest location will be established as appropriate for the bird/raptor species. No work will occur within the determined buffer of the active nest. Removal of the nest(s) shall be avoided until the young have fledged and/or the nest is no longer active, as determined by a qualified biologist. The California gnatcatcher (Polioptila californica) is listed as endangered under the CESA and threatened under the federal Endangered Species Act (FESA). If California gnatcatcher nesting activity is detected, then all construction activity must occur outside of a 300-foot buffer surrounding each nest. Construction noise levels should be 6/14/25 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT A C A JULY 2025 RANCHO PALOS VERDES, C/a J monitored and not exceed 60 dBA within the 300-foot buffer zone unless authorized by the Wildlife Agencies. Status of the nest will be monitored by a qualified biologist. The buffer zones and noise limits will be implemented until the young have fledged and/or the nest is no longer active, as determined by a qualified biologist. To satisfy the NCCP/HCP surveys for herpetofauna (reptiles) during the first days of initial grading in areas within the Preserve will be monitored and documented in combination with ongoing resource monitoring. This task will include ongoing resource monitoring of target NCCP/HCP covered species including birds (e.g., cactus wren), mammals, herpetofauna (reptiles), butterflies, bumblebees and plants as well as any other rare, threatened, or endangered species for which potential habitat exists on the project site; daily sweeps of the construction areas to ensure applicable measures to protect biological resources from construction activity are being followed; identification of any resources of concern; coordination with the CM and the contractor regarding any resources of concern; conducting ongoing WEAP training of new on -site personnel; digital mapping of habitat impacted by construction activities; and monitoring of daily construction activities. Monitors will proactively work with the contractors and CM to site activities in lower sensitivity habitats, as defined within Paragraph 20 of Section 5.5, Habitat Impact Avoidance and Minimization Measures for Covered Projects and Activities, of the NCCP/HCP, to the extent feasible. Covered (Plant) Species and cacti may be removed from impact areas and relocated to an adjacent or suitable location within the Preserve, in coordination with the Wildlife Agencies. The City and its Preserve Habitat Manager shall be notified at least ten (10) working days prior to impacts for potential salvaging and relocation opportunities. The project area includes sensitive biological habitat/resources and is located within the Rancho Palos Verdes NCCP/HCP Preserve. While 4 weeks of full-time monitoring of construction activities have been estimated for purposes of this scope work. The actual level of monitoring will depend on the construction schedule and the field conditions encountered on -site and a change order may be required. Monitoring of hydrauger operations is not included in this estimate but can be added at a later date through a change order. Deliverables: • Ongoing resource monitoring of target NCCP/HCP covered species as well as any other rare, threatened, or endangered species for which potential habitat exists on the project site; • Daily sweeps of the construction areas to ensure applicable measures to protect biological resources from construction activity are being followed; • Identification of any resources of concern; • Coordination with the CM and the contractor regarding any resources of concern; • Conducting ongoing WEAP training of new on -site personnel; • Digital mapping of habitat impacted by construction activities; and • Monitoring of daily construction activities. The total cost of Task 5.1 is $56,100. 6/14/2s 10 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, CA Task 5.2: Second Biological Monitor If warranted by the project schedule, LSA will provide a second biological monitor for the construction areas associated with Paintbrush, Ishibashi, and Portuguese Canyons winterization activity. This scope of work includes provision of a second biological monitor on a full-time basis for 12 hours a day, 6 days per week (Monday through Saturday), for two weeks. If provision of a second monitor beyond two weeks is required due to the project schedule, a change order would be required. The total cost of Task 5.2 is $23,900. Task 5.3: Biological Resources Monitoring Coordination Under Task 6.2, LSAs biological staff will engage in regular coordination among project staff, scheduling, communications with the project team, and daily tracking of monitoring activity. The LSA point of contact (POC)/coordinator for biological monitoring, or their designee will provide up coordination. Additionally, senior biological staff with technical expertise will provide coordination related to specific species or habitats encountered on -site. Monitoring logs will be submitted to the CM on a daily basis. Deliverables: • Daily coordination with on -site monitors, CM, and Contractor; and • Review and uploading of daily monitoring logs. The total cost of Task 5.3 is $23,200. Task 5.4: Biological Resources Expert Review Under Task 6.3, LSAs associate biological staff will provide expert review of biological resources, data, memos or survey results that require a USFWS or CDFW permitted biologist level of expertise for any target NCCP/HCP covered species as well as any other rare, threatened, or endangered species for which potential habitat exists on the project site (up to 12 hours). This includes but is not limited to subject matter experts of botany, ornithology, mammalogy, and entomology as it pertains to species expected to occur or likely to occur within the project site. Deliverables: • Biological resources expert consultation and review. The total cost of Task 5.4 is $1,600. Task 5.5: Preparation of Interim Monitoring Letter Report (2024) LSA will prepare an interim monitoring Letter Report that describes the results of biological resources monitoring for the 2024 work effort for the emergency project. This report will describe inclusive dates of monitoring and will provide a map of impacts accrued during project activities. Because of the interim nature of the report, and to avoid duplicating resource recording efforts, complete resource documentation will be included with the final monitoring report that will be prepared after the 2025 winterization effort, as described below (Task 5.6). The total cost of Task 5.5 is $16,200. 6/14/2s 11 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT C A JULY 2025 RANCHO PALOS VERDES, CA J A Task 5.6: Final Biological Resources Monitoring Report This task includes preparation of a comprehensive final monitoring report that describes project activities, biological resources monitoring methods, and results of the 2024 and 2025 monitoring periods. Maps depicting the location of impact areas documented during monitoring activities will be included, along with categorization of impact areas by habitat type at a level to be determined in coordination with the City. The report will be submitted to the City for review and comment. This task assumes one round of non - conflicting comments. If more than one round of comments is required, a budget amendment will be needed. The total cost of Task 5.6 is $8,100. The total cost of Phase 05 is $129,100. Phase 06 - Archaeological and Paleontological and Tribal Resources Monitoring Task 6.1: Archaeological and Paleontological Resources Monitoring Mitigation Measure CUL-1: Retaining a Qualified Archaeologist, included in the Draft EIR for the Portuguese Bend Landslide Remediation Project, requires the City to retain the services of a Qualified Archaeologist and Mitigation Measure PAL-1: Paleontological Resources Monitor, requires the City to retain the services of a Qualified Paleontologist prior to ground disturbance. Mitigation Measure CUL-3: Monitoring During Ground -Disturbing Activities, provides for the archaeological resources monitor to be present on site at the commencement of any ground disturbance activities. Under this task, LSA will provide paleontological/archaeological monitoring and paleontological negative results reporting for Paintbrush, Ishibashi, and Portuguese Canyons winterization activity. This scope of work assumes that one archaeological/ paleontological monitor will be required to observe disturbances in previously undisturbed land areas on a full-time basis for 12 hours a day, 6 days per week (Monday through Saturday), for up to four weeks. The duration of monitoring will depend on the extent of ground disturbing activities that have the potential to affect archaeological or paleontological resources based on input from the Principal Investigator and Principal Paleontologist. Monitoring logs will be submitted to the CM on a daily basis. Archaeological monitoring of all ground -disturbing activities will occur on the project. Archaeological monitors will observe project ground -disturbance alongside Native American monitors. The archaeologist will be equipped to record and salvage cultural resources that may be unearthed during ground -disturbance and will have the authority to temporarily halt and/or redirect work in the vicinity of a potential cultural resource find in order to assess the extent and significance of the find. The archaeological monitor will maintain daily field notes and take photographs of project activities and any finds. Deliverables: • Daily monitoring logs. The total cost of Task 6.1 is $35,100. 6/14/2s 12 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, C/a Task 6.2: Archaeological and Paleontological Expert Review and Coordination The LSA POC/coordinator for monitoring, or his designee will provide up to 72 hours of coordination (2 hours per day, 6 days a week (Monday through Saturday), for eight (8) weeks) with the LSA archaeological/paleontological and tribal monitors, including review of daily logs and submittal to the CM. The LSA POC/coordinator will maintain communications with tribal representatives regarding ongoing and needed monitoring activities. Additionally, the Principal Investigator (PI) of Archaeology and Qualified Principal Paleontologist will provide up to 36 hours of assessment for archaeological and/or paleontological resources. It is important to note that the project area is documented to be adjacent to sensitive paleontological and archaeological resources. This proposal is based on negative findings during the winterization activities. If unmapped/untreated historic, prehistoric, or paleontological resources are encountered during ground -disturbing activities, monitoring levels will need to be assessed; the new resources will need treatment, which may require a budget adjustment. For purposes of this time and materials budget, 6 weeks of full-time monitoring have been estimated. The actual level of monitoring will depend on the construction schedule and the field conditions encountered on -site and augmentation of this task will be required. Deliverables: • Daily coordination of archaeological/paleontological and tribal monitoring; • Review and uploading of daily monitoring logs for archaeological/paleontological and tribal monitors; • Up to 72 hours of coordination with the City and construction staff; • Up to 36 hours of PI assessment for archaeological and/or paleontological resources. The total cost of Task 6.2 is $23,600. Task 6.3: Second Archaeological Resources Monitor If warranted by the project schedule, LSA will provide a second archaeological resources monitor for the construction areas associated with Paintbrush, Ishibashi, and Portuguese Canyons winterization activity. This scope of work includes provision of a second biological monitor on a full-time basis for 12 hours a day, 6 days per week (Monday through Saturday), for two weeks. If provision of a second monitor beyond two weeks is required due to the project schedule, a change order would be required. The total cost of Task 6.3 is $17,600. Task 6.4: Tribal Resources Monitoring Mitigation Measure TCR-1: Tribal Cultural Resources Monitoring, included in the Draft EIR for the Portuguese Bend Landslide Remediation Project states that prior to the commencement of any ground - disturbing activities at the project site, California Native American tribes that have informed the City that they are traditionally and culturally affiliated with the geographic area will be invited to observe and monitor the ground -disturbing activities. Under Task 6.2, LSA will coordinate with the Gabrieleno-Tongva Tribe to secure the services of one Native American monitor to observe required disturbances in previously undisturbed land areas. Under Task 6.3, a Native American monitor will observe on a full-time basis for 10 hours a day, 6 days per week (Monday through Saturday), for four weeks. Services provided will include driving time to the project site. Monitoring logs will be submitted to the Cultural POC on a daily basis. 6/14/25 13 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, CA Deliverables: • Coordination with LSA POC. • Daily monitoring logs. The total cost of Task 6.4 is $23,900. Task 6.5: Second Tribal Monitor If warranted by the project schedule, a second tribal representative will monitor the construction areas associated with the E-1 and E-2 hydrauger arrays, including access road and drill rig pad development and associated ground disturbance. This scope of work includes provision of a second tribal monitor on a full-time basis for 10 hours a day, 6 days per week (Monday through Saturday), for two weeks. The second monitor would coordinate with the LSA POC and provide daily logs. If provision of a second monitor beyond two weeks is required due to changes to the project schedule, a change order would be required. The total cost of Task 6.5 is $11,700. Task 6.6: Cultural Resources Monitoring Reports Task 6.6.1: Preparation of Resource Map (2024 Resources) LSA will prepare a map of resources found during 2024 monitoring activities for the emergency project. The map will show the location of the items in relation to each other and to previously recorded resources. This map will be used to determine if a find is part of a cultural site or is an isolate find. The map will be provided with the interim report (Task 6.5.2) and will be used in ongoing mapping for any additional resources that are encountered during upcoming winterization efforts. The total cost of Task 6.6.1 is $3,000. Task 6.6.2: Preparation of Interim Monitoring Letter Report (2024) LSA will prepare an interim monitoring Letter Report that describes the results of archaeological monitoring for the 2024 work effort for the emergency project and winterization efforts. This report will describe inclusive dates of monitoring and will provide the map of resources found during the monitoring (Task 6.6.1). Because of the interim nature of the report, and to avoid duplicating resource recording efforts, complete resource documentation will be included with the final monitoring report that will be prepared after the 2025 winterization effort, as described below (Tasks6.6.4 and 6.6.5). The total cost of Task 6.6.2 is $3,500. Task 6.6.3: Preparation of Resource Map (2025 Resources) Following completion of monitoring in 2025, LSA will finalize the Resource Map. This final map will depict the location of all material found during project monitoring and will help determine the total number of resources (sites and isolated finds) and will also show if the material is part of an existing resource. Completion of this map is a necessary initial step in completing the resource forms described in Task 6.6.4. 6/14/25 14 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT C A JULY 2025 RANCHO PALOS VERDES, CA J A The total cost of Task 6.6.3 is $3,000. Task 6.6.4: Preparation of Office of Historic Preservation (OHP) Department of Parks and Recreation (DPR) Resource Forms) State of California Department of Parks and Recreation (DPR) Series 523 resource forms will be completed for all resources (sites and isolates) found during monitoring activities for the emergency project. Forms may include Primary, Archaeology, Continuation sheets, as well as location and site maps, although fewer forms will be necessary for isolated finds and site updates. These forms and the resource descriptions on them will be included in the final archaeological monitoring report described in Task 6.5.5. The total cost of Task 6.6.4 is $4,800. Task 6.6.5: Final Archaeological Monitoring Report The LSA Qualified Archaeologist will oversee preparation of a comprehensive final monitoring report that describes project activities, archaeological monitoring methods, inclusive dates, and results of the 2024 and 2025 monitoring periods. Maps depicting the location of resources found during monitoring in relation to previously recorded resources (Task 6.5.3) will be included, along with a prehistoric and historic contextual background, and resource descriptions based on DPR forms (Task 6.5.4). The DPR forms will be appended to this report. This report will be consistent with the guidelines of the Office of Historic Preservation (OHP) Archaeological Resource Management Reports: Recommended Contents and Format (ARMR), and will describe and conclude the results of monitoring and appropriate graphics. The report will include input from the tribe providing Native American monitoring and will be submitted for City review. This scope of work assumes one round of non -conflicting comments. If more than one round of comments is required, a budget amendment will be needed. The total cost of Task 6.6.5 is $8,000. The total cost of Task 6.6 is $22,300. Task 6.7: Coordination of Material Reinterment Based on the wishes of the tribal group providing project Native American monitoring, the prehistoric material collected during monitoring will be buried at a location to be identified later. Budget for this task provides costs for coordination of this effort including identifying and consolidation of the material to be reburied, time for travel and transfer of the material, any field time necessary for actual reburial, and meeting time necessary for planning these tasks. The total cost of Task 6.7 is $4,000. The total cost of Phase 06 is $138,200. 6/14/2s 15 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT LSA JULY 2025 RANCHO PALOS VERDES, C/a Phase 07 — Project Management/Coordination Meetings Task 7.1: Project Management Under Task 7.1, LSA will conduct project management activities. This includes internal coordination among LSA staff; regular email and/or virtual communication among the project team; monitoring tracking; project scheduling and updates; modifications to the project elements or other items that affect environmental resources/monitoring and/or permitting; and preparation of progress reports and invoices for work completed. Deliverables: • Project management communications; • Project schedules; and • Progress Reports/Invoicing. The total cost of Task 7.1 is $18,200. Task 7.2: Coordination Meetings LSA will proactively work with the City, CM, and contractor to ensure that environmental monitoring and permitting assistance is conducted effectively and in a timely manner. This will require ongoing coordination between the City, LSA, and the other contractors involved in the project. LSA staff members will attend twice weekly virtual team coordination meetings as needed during the course of the project to provide updates on monitoring, pre -construction surveys and permitting. Additional coordination and meetings will be provided at the request of the City; in this event, a change order may be necessary. Deliverables: • Meeting attendance, as required, through the life of the project. The total cost of Task 7.2 is $12,000. The total cost of Phase 07 is $30,200. Reimbursable expenses total $37,000. The total cost of this scope of services is S550.000. 6/14/25 16 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT C A JULY 2025 RANCHO PALOS VERDES, CA J `(\ Cost Estimate Task Cost Phase 01—Worker Environmental Awareness Training Task 1.1: Biological Resources Worker Environmental Awareness Program $1,200 Task 1.2: Cultural Resources Worker Environmental Awareness Program $1,200 Phase 02 - Resource/Regulatory Emergency Permitting Assistance Task 2.1: Permitting Strategy Development and Tracking $14,100 Task 2.2: Agency Noticing/Permit Preparation Task 2.2.1: California Department of Fish and Wildlife —1610 Emergency Exemption Notice $9,700 Task 2.2.2: State Water Resources Control Board/Regional Water Quality Control Emergency Board Permitting $10,000 Task 2.2.3: Regional Water Quality Control Board National Pollutant Discharge Elimination System $10,000 Task 2.2.4: California Department of Fish and Wildlife/ U.S. Fish and Wildlife Service Coordination $28,300 Phase 03 - Regional Water Quality Control Board National Pollutant Discharge Elimination System Task 3.1: Water Quality Coordination $16,200 Task 3.2: NPDES Permit Maintenance $98,200 Task 3.3: Additional Sampling and Analysis for Permit Compliance (Contingency) $2,700 Phase 04 - Preconstruction Surveys Task 4.1: Pre -Construction Rare Plant, Palos Verdes Blue Butterfly Host Plant, Nesting Bird, and Crotch's Bumble Bee Surveys $8,500 Task 4.2: Pre -construction Nesting Bird Surveys $4,200 Task 4.3: Pre -construction Rare Plant, and Palos Verdes Blue Host Plant for Area E-2 $2,600 Task 4.4: Pre -Construction Bumble Bee and Bee Nest Survey $8,600 Phase 05 — Biological Resources Monitoring Task 5.1: Monitoring $56,100 Task 5.2: Second Biological Monitor $23,900 Task 5.3: Biological Resources Monitoring Coordination $23,200 Task 5.4: Biological Resources Expert Review $1,600 Task 5.5: Preparation of Interim Monitoring Letter Report (2024) $16,200 Task 5.6: Final Biological Resources Monitoring Report $8,100 Phase 06 - Archaeological and Paleontological and Tribal Resources Monitoring Task 6.1: Archaeological and Paleontological Resources Monitoring $35,100 Task 6.2: Archaeological and Paleontological Expert Review and Coordination $23,600 Task 6.3: Second Archaeological Resources Monitor $17,600 Task 6.4: Tribal Resources Monitoring $23,900 Task 6.5: Second Tribal Monitor $11,700 Task 6.6: Cultural Resources Monitoring Reports Task 6.6.1: Preparation of Resource Map (2024 Activities) $3,000 6/14/25 17 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 SCOPE OF SERVICES PORTUGUESE BEND LANDSLIDE EMERGENCY REPAIR PROJECT C A JULY 2025 RANCHO PALOS VERDES, CA J `(\ Task 6.6.2: Preparation of Interim Archaeological Monitoring Report (2024 work) $3,500 Task 6.6.3: Preparation of Resource Map (2025 Resources) $3,000 Task 6.6.4: Preparation of Office of Historic Preservation (OHP) Department of Parks and Recreation (DPR) Resource Forms) $4,800 Task 6.6.5: Final Archaeological Monitoring Report $8,000 Task 6.7: Coordination of Material Reinterment $4,000 Phase 07 — Project Management/Coordination Meetings Task 7.1: Project Management $18,200 Task 7.2: Coordination Meetings $12,000 Total Labor $513,000 ODCs $37,000 Total Cost $550,000 6/14/26 18 Docusign Envelope ID: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 Lockton Insurance Brokers, LLC Team E-Mail: pacific-tsucerts@lockton.com Fax Number: 213.873.2300 Date / Time Request: 7/15/2025 Phone Number: 213.689.0500 ❑ Rush ❑ Standard-24 Hour :equestor Information Insured: LSA Associates, Inc. Address: 3210 El Camino Real, Suite 100 I Citv, State, Zip Code: I Irvine, CA 92602 1 Certificate Holder Information Holder ID (if revision): Certificate Holder: CITY OF RANCHO PALOS VERDES Address: 30940 Hawthorne Boulevard City, State, Zip Code: Rancho Palos Verdes, CA 90275 Email (required): dcopp@rpvca.gov Note: Please attach a copy of the request from your customer, vendor, supplier, or other (if available). Coveraae Reauired (if Master No. not provided) ® General Liability ® Workers' Compensation & Employers Liability ® Auto Liability ® Contractor's Pollution/Prof.Liab. ❑ Umbrella ❑ Aviation Liability ❑ C ber Liability Additional Insured ® General Liability ® Auto Liability ❑ Umbrella Waiver of Subroqation General Liability F ❑ Auto Liability ElUmbrella ElWC ® Other As required in attachments Propertv(EO ❑ Mortgagee ❑ Lenders Loss Payee LJ Contract Of Sale I-1 Loss Pavee ow-rojeCt NO./uescrlptlowz5pecial instructlons/Aaamonal insurealLoss LSA Project Number: 20252472 Project Name: Portuguese Bend Landslide Emergency Winterization Project Additional Insured Name: As required in attachments Please copy Ponette.Moore@LSA.net on email to client Deliver To: eMail: Fax: Names ❑ Named Insured ❑ ❑ ® Holder ® dcopp@rpvca.gov ❑ ® Other: ® kathryn.black@lsa.net ❑ s:Awp\forms\client cert requestAe a docusign. Certificate Of Completion Envelope Id: 4EEFAA3A-C8C9-4807-80A5-40CBE9C9E256 Subject: Complete with Docusign: PSA_Emergency LS Stabilization_25-26_LSA_For signature.pdf Source Envelope: Document Pages: 46 Signatures: 5 Certificate Pages: 5 Initials: 2 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 7/17/2025 2:50:18 PM Signer Events Anthony Petros Tony.Petros@lsa.net CEO LSA Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/17/2025 3:06:28 PM ID: d2ba2269-fda7-41f7-bd2a-1df5120a6f6f Justin Cary Justin.Cary@lsa.net CFO 3210 El Camino Real, Suite 100 Irvine, CA 9260 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/18/2025 10:29:52 AM ID:40487b55-3aa6-453f-a1e1-4b0e1f487c5c William Wynder wwynder@awattorneys.com City Attorney Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/18/2025 10:37:33 AM ID:6eacbcfa-b1de-4bfd-a538-7d9c10121196 David L. Bradley david.bradley@rpvca.gov Self Anthem Blue Cross Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/6/2022 5:59:34 AM ID:fOc88f71-e2e8-4736-ab5c-59950463981e Holder: David Copp dcopp@rpvca.gov Signature o1c/uSigned by: ED am" Ptws 8704813CCB4F47F.. Signature Adoption: Pre -selected Style Using IP Address: 76.169.240.239 Signed by: E tnS�In E3098D88D109412... Signature Adoption: Pre -selected Style Using IP Address: 68.101.113.151 E j,'D sgneaby: iwa M (�V'�tr 9F096A23BACC45F... Signature Adoption: Pre -selected Style Using IP Address: 2a09:bac3:cb4c:123c::1d1:f5 Signed using mobile E Doe7 93AF817EC450... Signature Adoption: Drawn on Device Using IP Address: 54.183.134.242 Status: Completed Envelope Originator: David Copp 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 dcopp@rpvca.gov IP Address: 72.34.97.146 Location: DocuSign Timestamp Sent: 7/17/2025 2:57:19 PM Viewed: 7/17/2025 3:06:28 PM Signed: 7/18/2025 9:56:01 AM Sent: 7/18/2025 9:56:02 AM Viewed: 7/18/2025 10:29:52 AM Signed: 7/18/2025 10:30:43 AM Sent: 7/18/2025 10:30:44 AM Viewed: 7/18/2025 10:37:33 AM Signed: 7/18/2025 10:37:47 AM Sent: 7/18/2025 10:37:49 AM Viewed: 7/18/2025 11:06:17 AM Signed: 7/18/2025 11:06:57 AM Signer Events Signature Timestamp Teresa Takaoka DoauSignedby Sent: 7/18/2025 11:06:59 AM terit@rpvca.gov E Viewed: 7/18/2025 11:24:42 AM City Clerk saaszssso sFan Signed: 7/18/2025 11:24:50 AM Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 75.83.180.163 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 7/18/2025 11:24:42 AM ID: 4fcae962-b5 bb-4180-9cef-595f96e5f30a 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 7/17/2025 2:57:19 PM Certified Delivered Security Checked 7/18/2025 11:24:42 AM Signing Complete Security Checked 7/18/2025 11:24:50 AM Completed Security Checked 7/18/2025 11:24:50 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 6/15/2021 5:55:39 PM Parties agreed to: Anthony Petros, Justin Cary, William Wynder, David L. Bradley, Teresa Takaoka 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 electronically 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 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: 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: hops://suPport.docusi n�guides/signer--uide- 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.