CC SR 20251007 J - Catch Basin Cleaning Contract w Ron's Maintenance
CITY COUNCIL MEETING DATE: 10/07/2025
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider awarding a contract services agreement to Ron’s Maintenance, Inc. for annual
catch basin cleaning and related maintenance .
RECOMMENDED COUNCIL ACTION:
(1) Award a contract services agreement to Ron’s Maintenance, Inc., for annual catch
basin cleaning and related maintenance services with a five-year term between
October 7, 2025 and September 30, 2030, with a maximum amount of $255,000
in year one plus a 15% contingency and a maximum amount of $1,582,638 plus a
15% contingency over the five-year term of the agreement; and,
(2) Authorize the Mayor and City Clerk to execute the contract, in a form approved by
the City Attorney.
FISCAL IMPACT: The recommendations will result in a fiscal impact of $255,000 in
Fiscal Year (FY) 2025-26, which is included in the approved FY 2025-26 operating
budget. The FY 2025-26 budget is based on forecasts of a relatively drier winter, whereby
fewer catch basin cleanings and related services are planned.
For future years, the maximum contract amount is based on a typical year; $315,800 for
year 2 and increasing by a maximum of 2% inflation annually. However, the actual future
contract amounts will match the actual services used depending on the type of rainy
season, which could be less than the maximum contract amount for any given year.
Therefore, the total maximum amount of the contract over the five-year term is $1,582,638
plus a 15% contingency in case of unforeseen circumstances. VR
Amount Budgeted: $277,400
Additional Appropriation: $0
Account Number(s): 221-400-3130-5201 $70,000 (Measure M-Storm Water Quality-Repair & Maint Services)
343-400-3130-5201 $207,400
(Measure W-Storm Water Quality-Repair & Maintenance Service) VR
ORIGINATED BY: Darius Vitkus, Associate Engineer DV
Juan Hernandez, Maintenance Superintendent
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Proposed Contract Services Agreement with Ron’s Maintenance, Inc. for
catch basin cleaning and maintenance (Page A-1)
B. Existing Contract Services Agreement with Ron’s Maintenance (Page B-1)
C. City of Culver City Staff Report File #: 24-892, Version1, Item #: C-10 (Page
C-1)
D. NOAA published report: El Niño-Southern Oscillation Report
(ENSO)(Page D-1)
BACKGROUND:
During and after storms, rainwater runs off streets and other surfaces in the City, enters
the storm drain system, and eventually flows into local bodies of water such as the Santa
Monica Bay, Machado Lake, and Los Angeles Harbor. As this water travels over paved
areas, it can pick up pollutants such as trash and other debris. Because these pollutants
can harm receiving waters, their discharge is strictly regulated by Feder al and State
agencies under a storm sewer system discharge permit, which sets pollutant limits.
To help meet these regional water quality requirements, the City hires contractors to clean
out debris and trash from its approximately 1,300 catch basins (incorrectly noted as 1,500
catch basins in the quarterly newsletter) throughout the city. On October 1, 2022, the City
extended its agreement with its current catch basin cleaning service contractors, Ron’s
Maintenance, for three additional years to provide catch basin cleaning and related
services. That agreement included an annual not-to-exceed amount of $263,750 and a
total not-to-exceed amount of $1,388,274 (Attachment B). The contract expired on
October 1, 2025, and rather than further extend the contract, it is best practice to conduct
a new competitive procurement considering this contract has been in use for six years.
As a result, the City should establish a new contract for catch basin cleaning and related
maintenance services.
DISCUSSION:
As staff prepared to issue a Request for Proposals (RFP) for catch basin cleaning
services, staff learned that another local municipality, the City of Culver City, had recently
conducted an RFP for the same services (Attachment C). That process generated
multiple vendor proposals and ultimately resulted in a contract award.
Under Rancho Palos Verdes Municipal Code § 2.44.060, the City may rely on competitive
prices established by another public agency if that agency used procedures substantially
similar to those required by the City. The City Attorney’s Office has confirmed that Culver
City’s procurement process met this standard.
To save time and staff resources, the Public Works Department proposes to use the
results of Culver City’s competitive process. The new contract cost is approximately 18%
higher than the City’s FY 2022-25 rates, but the rates will remain in effect through
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September 30, 2030, with annual CPI adjustments capped at 2%. The City of Culver City
staff report related to its bid award is included as Attachment C.
For FY 2025–26, the City budgeted $255,000 for catch basin cleaning services, based on
estimates in early 2025 during the budget process. Actual current prices are actually
higher than was predicted early in the year during the budget process because of greater
inflation than anticipated. The most competitive price is currently approximately $315,000
per year for a typical year.
Based on recent forecasts from the National Oceanic and Atmospheric Administration
(NOAA) predicting a drier rainy season for 2025-26, staff anticipate that the FY 2025–26
budgeted amount will be sufficient to cover necessary catch basin cleaning s and debris
removal without requiring additional funding. According to the NOAA Climate Prediction
Center, there is a 71% probability of a La Niña pattern developing in the Northern
Hemisphere between October and December 2025. For Los Angeles and Southern
California, La Niña conditions typically result in drier and cooler-than-average fall and
winter weather. This is described in more detail in the NOAA El Niño-Southern Oscillation
Report (ENSO), published in September of 2025(Attachment D).
If actual rainfall exceeds forecasts and results in greater cleaning needs, staff may return
to the City Council to request additional funding at that time. This approach will ensure
flexibility while avoiding unnecessary appropriations upfront.
According to the scope of work in the proposed agreement (Attachment A), the consultant
will inspect, clean, and maintain approximately 1,300 City-owned catch basins.
Specifically:
• Pre-Season (July 1 – September 30): All basins will be inspected, cleared of
debris, and minor repairs performed in accordance with City standards.
• Wet Season (October 1 – April 30): Basins will be inspected monthly, with
immediate cleaning required if blocked, clogged, or more than 25% full of debris.
The City may also direct additional cleanings in advance of forecasted storm events. All
collected debris will be disposed of in City-provided bins at the City Yard to allow for
tonnage tracking and reporting.
CONCLUSION:
Staff recommends that the City Council approve a contract services agreement with Ron’s
Maintenance, Inc. (Attachment A) for citywide catch basin cleaning and related services.
The agreement term will run from October 1, 2025, through September 30, 2030, at a not -
to-exceed amount of $255,000 for Fiscal Year 2025–26. Future years will be based on a
typical rainy season; with a contract amount of $315,800 for year 2 and increasing by a
maximum of 2% inflation annually thereafter. The total not-to-exceed cost over the five-
year term of the agreement is $1,582,638 plus 15% contingency for unforeseen
circumstances.
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ALTERNATIVES:
In addition to Staff recommendation, the following alternative action s are available for the
City Council’s consideration:
1. Do not award the contract and direct Staff to re-solicit bids, delaying catch basin
cleaning and related services in the interim. This is not likely to result in lower
prices considering the recent competitive procurement.
2. Take other action, as deemed appropriate.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
RON'S MAINTENANCE, INC.
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
RON'S MAINTENANCE, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 7th day of October, 2025 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation ("City") and RON'S MAINTENANCE, INC., a
California Corporation ("Consultant"). City and Consultant are sometimes hereinafter individually
referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, via a recent competitive bid at the City of Culver City, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid 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.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D . 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" 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
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professional standards" shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid 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 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.
1.5 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.
1.6 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.
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1. 7 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 out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 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 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 ten percent ( 10%) of the
Contract Sum or $25 ,000 , whichever is less; or, in the time to perform of up to one hundred eighty
( 180) days, may be approved by the Contract Officer. 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 contractors. 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 .
1.9 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.
1.10 Compliance with Labor and Wage Laws .
Certain portions of the Services may be subject to prevailing wages under the Labor Code
and to the extent such is true, the below provisions will apply.
(a) Public Work. The Parties acknowledge that the work to be performed under this
Agreement is a "public work" or "maintenance 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.
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(b) Registration with DIR. Pursuant to Labor Code section 1771.1 , Consultant 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.
(c) 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. If this
Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40
U .S.C. § 3141 et s eq.), then Consultant shall pay the higher of either the state for federal prevailing
wage applicable to each laborer.
(d) 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 two hundred dollars ($200) for each calendar day,
or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for
the work or craft in which the worker is employed for any public work done pursuant to this
Agreement by Consultant or by any subcontractor.
( e) Payroll Records. Consultant shall comply with and be bound by the provisions of
Labor Code Section 1776 , which requires Consultant and each subcontractor to: keep accurate
payroll records and verify such records in writing under penalty of perjury, as specified in Section
1776; certify and make such payroll records available for inspection as provided by Section 1776;
and inform the City of the location of the records.
(f) Apprentices. 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 sixty (60) days after
concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall
submit to the City a verified statement of the journeyman and apprentice hours performed under
this Agreement.
(g) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section
1810 .
(h) 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 .
Consultant shall, as a penalty to the City , forfeit twenty-five dollars ($25) for each worker
employed in the performance of this Agreement by Consultant or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight (8) hours
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in any one calendar day and forty ( 40) hours in any one calendar week in violation of the provisions
of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815,
work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40)
hours during any one week shall be permitted upon public work upon compensation for all hours
worked in excess of 8 hours per day at not less than one and one-half (1 ½) times the basic rate of
pay.
(i) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide
that every employer will be required to secure the payment of compensation to its employees if it
has employees. In accordance with the provisions of California Labor Code Section 1861,
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."
(j) Consultant's Responsibility for Subcontractors. For every subcontractor who will
perform work under this Agreement, Consultant shall be responsible for such subcontractor's
compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California
Labor Code, and shall make such compliance a requirement in any contract with any subcontractor
for work under this Agreement. 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.
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
actual reasonable expenses approved by City's Contract Officer, shall be as follows:
(a) Compensation for Fiscal Year 2025-26 shall not exceed $255,000 ("FY25-26
Compensation");
(b) Compensation for Fiscal Year 2026-27 shall be calculated as the FY25-26
Compensation with adjusted service quantities as reflected in Exhibit "C," and shall not exceed
$322,116 ("FY26-27 Compensation");
(c) Compensation for Fiscal Year 2027-28 shall be calculated as the FY26-27
Compensation plus a CPI increase, and shall not exceed $328,559 ("FY27-28
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Compensation");
(d) Compensation for Fiscal Year 2028-29 shall be calculated as the FY27-28
Compensation plus a CPI increase, and shall not exceed $335,130 ("FY28-29
Compensation"); and
(e) Compensation for Fiscal Year 2029-30 shall be calculated as the FY28-29
Compensation plus a CPI increase , and shall not exceed $341,833 ("FY29-30
Compensation").
The total compensation for the entire Term of the Agreement shall not exceed One
Million, Five Hundred Eight-Two Thousand, Six Hundred Thirty-Eight Dollars and No
Cents ($1,582,638.00) (the "Contract Sum"). The CPI increases to the annual not-to-exceed
compensation amounts described above shall consist of an annual increase based on changes
in the Consumer Price Index, All Urban Consumers (CPI-U) within the Los Angeles-Riverside-
Orange County geographic area for the preceding twelve (12) month period, but shall not
exceed two percent (2%) of the previous year's not-to-exceed compensation amount, unless
additional compensation is approved pursuant to Section 1. 9.
2.2 Method of Compensation.
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, (b)
contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other
methods as may be specified in the Schedule of Compensation.
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 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,
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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 forty-five (45) 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 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 but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure .
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the 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 ten (10) 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
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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 June 30,
2030, except as otherwise provided in the Schedule of Performance (Exhibit "D"). Additionally,
the Agreement may be extended for up to one (1) optional extension year in the City 's sole
discretion .
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:
Ron Norman President
(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 competent personnel 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.
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.
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4.3 Contract Officer.
The Contract Officer shall be Juan Hernandez or as otherwise designated by the City
Manager. 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. 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 than twenty five percent (25%) 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.
The Consultant shall procure and maintain, at its sole cost and expense , in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
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(a) General Liability Insurance (Coverage Form ISO CGL CG 00 01 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury , personal injury and property damage. The policy of insurance shall be in
an amount not less than $2,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement, with Employer 's Liability insurance coverage limits of at least
$1 ,000,000 .00.
(c) Automotive Insurance (Coverage Form ISO CA 00 01 including "any auto"
and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability
insurance written on a per occurrence for bodily injury and property damage in an amount not less
than $1 ,000,000 . Said policy shall include coverage for owned, non-owned, leased, hired cars and
any automobile.
( d) Professional Liability. Professional liability insurance appropriate to the
Consultant 's profession, as determined by the City 's Risk Manager, provided that the limits shall
be no less than $1,000 ,000 per claim and no less than $1 ,000,000 general aggregate. This coverage
may be written on a "claims made" basis, and must include coverage for contractual liability. The
professional liability insurance required by this Agreement must be endorsed to be applicable to
claims based upon, arising out of or related to services performed under this Agreement. The
insurance must be maintained for at least 5 consecutive years following the completion of
Consultant 's services or the termination of this Agreement. During this additional 5-year period,
Consultant shall annually and upon request of the City submit written evidence of this continuous
coverage.
( 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".
(g) Broader Coverages and Higher Limits. Notwithstanding anything else
herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader coverages and/or
higher limits maintained by Consultant.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers , employees or agents may apply in excess of, and not contribute
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with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt reque sted to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5 .1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City .
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN. c;:
[to be initialed] -------
Consultant Initials
City, its respective elected and appointed officers, directors , officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned , leased , hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant's
insurance shall apply separately to each insured against whom claim is made or suit is brought ,
except with respect to the limits of the insurer 's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City , either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations , claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
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the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant's activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of in surance that the Consultant is required
to maintain pursuant to Section 5 .1, and such certificates and endorsements shall be provided to
City.
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
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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 indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A-" or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk
Manager") due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
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
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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 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, 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 attorneys fees, caused by or incurred as a result of Consultant's conduct.
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( 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
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 presumptively thirty (30) 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
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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.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 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 Agreement except as specifically
provided in the following Section for termination for cause . The City reserves the right to terminate
this Agreement 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. In addition, Consultant
may terminate this Agreement if and only if all of the following criteria are met: (i) City is in
default under the terms of this Agreement; (ii) Consultant has given City 30 days' written notice
( or longer, if circumstances warrant) of the default and the reasons for the default; and (iii) City
has failed to cure the default within said cure period. 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. Except where the Consultant has initiated termination, the
Consultant shall be entitled to compensation for all services rendered prior to the effective date of
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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 the Consultant has initiated termination ,
the Consultant shall be entitled to compensation only for the reasonable value of the work product
actually produced hereunder. In the event of City 's 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 Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, 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.
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.
7 .10 Liquidated Damages .
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach of this Agreement,
the Consultant and its sureties shall be liable for and shall pay to the City the sum of $500.00 (Five
Hundred Dollars) as liquidated damages for each working day of delay in the performance of any
service required hereunder. The City may withhold from any monies payable on account of
services performed by the Consultant any accrued liquidated damages .
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.
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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 Against 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, 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.A. §§ 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 Calabasas,
100 Civic Center Way, Calabasas, California 91302 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
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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 seventy-two (72) 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 any number of counterparts and each of such
counterparts shall for all purposes be deemed to be an original, whether the signatures are originals ,
electronic, facsimiles or digital. All such counterparts shall together constitute but one and the
same Agreement.
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
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 ofNon-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 "non-interests" pursuant to Government Code Sections 1091 or 1091.5 . Consultant
01203.0006 203 8352.3 -19-A-20
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
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. r:::
Consultant's Authorized Initials ~ ---
9.7 Corporate Authority .
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006 2038352.3 -20-A-21
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a municipal
corporation
David L. Bradley, Mayor
CONSULTANT:
Ron's Maintenance Inc
~DocuSigned by:
B ~lA-/¼!'¾\/Mo\,
Y A2A9C5455020405 ...
Name:
Title: President
G DocuSigned by:
By:~~sc'::::
Name:
Title: Secretary
Address: 11542 Herley ave
Downey CA
Los Angeles 90241
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. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006 203 8352.3 -21-A-22
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ____ , 2025 before me, _______ , personally appeared _______ , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by
his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _______________ _
OPTIONAL
Though the data below is not required by law , it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
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CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) 0
□
ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER --------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006 2038352.3
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-23
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ____ , 2025 before me, _______ , personally appeared _______ , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by
his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _______________ _
OPTIONAL
Though the data below is not required by law , it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
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□
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CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) 0
□
ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER --------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006 2038352.3
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-24
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Pre-Season Inspection, Cleaning and Maintenance -The Consultant shall visually
inspect , clear and dispose of all debris , and perform any required minor repairs to
all 1,300 catch basins maintained by the City from July 1st to September 30 th of
each year , hereafter known as a Pre-Season Cleaning. All cleaning shall be
performed according to the Catch Basin Cleaning Standard attached as Exhibit "A-
l." Costs to travel to , inspect and clean the catch basin, and dispose of debris as
required are accounted for in the per catch basin price.
B. Wet Season Inspection and Cleaning -The Consultant shall perform regular
inspection of all 1,300 catch basins maintained by the City from October 1st to April
30th of each year, hereafter known as a Wet-Season Cleaning. Inspections shall be
performed at least monthly , but may be required more often if catch basins are not
providing drainage at design capacity due to debris accumulation. During these
subsequent inspections Consultant shall immediately clean any catch basins found
to have a blocked or clogged inlet or be at least twenty five percent (25%) full of
trash and debris. Consultant may be called out to clean any catch basin that is more
than 25% full and may therefore potentially contribute to flooding in the sole
opinion of the Contract Officer, when rain is predicted. Consultant shall respond at
no additional cost. All cleaning shall be performed according to the Catch Basin
Cleaning Standard. Costs to travel to , inspect , and clean the catch basins , and
dispose of debris as required are accounted for in the monthly price.
C. Debris Disposal -Collected debris shall be legally disposed ofby the Consultant in
bins provided by the City at the City's yard, located at 30940 Hawthorne Blvd.,
Rancho Palos Verdes , CA 90275.
D. Affixing Catch Basin Message -Consultant shall provide and affix a "NO
DUMPING" message , in accordance with the City's standard set forth in Exhibit
"A-2", to any catch basin without a legible "NO DUMPING" message.
E. Documentation -Consultant shall document all message affixation , inspections and
cleaning on a form provided by the Consultant and approved by the City.
Consultant shall also note in the documentation any occurrence of broken, damaged
or nonfunctioning catch basins, connector pipes, manhole covers, connector pipe
screens, inlet guards and inlet grates observed during the cleanings. Photos of
unsound conditions should be included with the logs as described in Exhibit "A-1 ".
Safety issues (e.g. a broken manhole cover) shall be reported to the City at once.
Cost for documentation is included in the other costs and no further compensation
will be made therefore .
F. Traffic Control and Safety -Consultant shall provide for public and worker safety
while carrying out the duties of this agreement. A traffic control plan shall be
o 1203.0006 203 8352.3 A-1 A-25
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
submitted two weeks prior to scheduled work for City approval. The traffic control
plan shall follow the City's standards set by current California Manual on Uniform
Traffic Control Devices for Streets and Highways also known as the CA MUTCD
standard. The traffic control plan may require the seal of a qualified and currently
registered civil engineer in the State of California, as determined by the City's
Traffic Engineer.
Costs for development of an acceptable traffic control plan shall be incurred only
once. Compensation for the traffic control plan shall be made on a lump sum basis,
in the first year of the contract. Costs for recurring traffic control, public
convenience, and worker safety is assumed to be included in the cleaning cost and
no further compensation will be made therefore.
When not conducting work according to the Traffic Control Plan, Consultant is
responsible for following all street traffic rules as well as on site suggestions for
driving within City property .
Damage to irrigation lines, sprinklers, plant material, concrete walkways, light
poles, fencing, or any public or private property, due to Consultant/driver
negligence shall be the responsibility of the Consultant to repair. Repairs shall be
completed within forty eight ( 48) hours.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Pre-Season Detailed Inspections Reports/Documentation.
B. Wet Season Detailed Inspections Reports /Documentation.
C. Traffic Control Plan.
D. "No Dumping" Message Stencil.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Disposal Load Ticket -to be completed following each disposal of debris.
B. Cleaning Log -to be completed at the end of each cleaning cycle.
IV. All work product is subject to review and acceptance by the City, and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Ron Norman: President
01203.0006 2038352.3 A-2 A-26
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
B. Martin Pedilla: Catch Basin Service Technician
C. Mario Gudino: Catch Basin Service Technician
D. Other Staff as approved by the City
01203.0006 2038352.3 A-3 A-27
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
EXHIBIT "A-1"
CATCH BASIN CLEANING STANDARDS
I. Consultant shall conduct the Services in compliance with the following cleaning
standards:
A. Cleaning -Catch Basins shall be cleaned to the following minimum standards :
general inspection of catch basin condition; removal and replacement of catch basin
manhole or grate ; atmospheric testing of basin ; removal of all debris, trash and
liquids from vault , filters, grate, CPS screens , ARS units and the first 6 feet of
connector pipes ; marking of the cleaning date ; legal disposal of trash and debris;
and documentation, as described below.
B. Inspection of Catch Basins by the Consultant -The Consultant shall inspect each
catch basin for unsound conditions such as but not limited to: a) exterior damage ,
b) bent or missing protection bars, c) damaged manholes or grating, d) damaged
face plate, e) other physical damages, f) cemented materials that have been dumped
on or into the basin, and cannot be removed by normal cleanout operations, g) catch
basins requiring safety bars per Standard Plan 310 and h) legibility of stenciled "No
Dumping" message.
Catch basins with unsound conditions, or conditions preventing the safe and
complete cleaning of the basin, shall be photographed prior to cleaning. Photo
documentation of unsound conditions shall be submitted to the Contract Officers
as detailed in Section 7, "Report" below. Any subsequently disclosed damage to a
catch basin not previously reported by the Consultant will be assumed to be the
result of the Consultant's cleanout operations and shall be corrected at the
Consultant's sole expense . Consultant shall report evidence of rodents and/or
vectors breeding/living in the storm drain system to the City within twenty-four
(24) hours of discovery .
C. Removal and Replacement of Catch Basin Manhole Covers and Gratings -The
Consultant shall remove and replace the catch basin manhole cover or grating of
each catch basin. Screws or bolts that cannot be reused shall be replaced with new
ones meeting the requirements specified in the applicable Standard Plans at no
additional cost to the City. Consultant shall remove any frozen cover screws. If
during their removal the catch basin covers or screws should become damaged, it
shall be the Consultant's responsibility to replace them in accordance with the
applicable Standard Plan and to redrill and thread new holes , if necessary, at no
additional cost to the City. If heat is used to facilitate removal of frozen cover
screws, the screws must be checked the following workday to verify that they have
not refrozen. Before leaving a catch basin, the Consultant shall thoroughly clean all
debris from the manhole frame and cover and/or grating frame and grating . When
replacing the catch basin covers, the Consultant shall grease all catch basin cover
01203.0006 203 8352.3 A-4 A-28
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
screws with a high temperature thread lubricant and seal grease (Jet-Lube by
Koper-Kote or equivalent) and shall furnish and replace any missing screws.
D. Testing for Safe Atmospheric Conditions -As required by CAL-OSHA, the
Consultant shall continuously test for safe atmosphere conditions in each catch
basin. Testing shall be done immediately prior to removing the manhole cover or
grating as applicable and continuously thereafter while anyone is working in the
basin. Testing shall verify that safe atmosphere conditions exist in the catch basin.
If unsafe readings are indicated, the Consultant shall use a blower to provide
continuous ventilation of the catch basin. Entry shall not be made until no
hazardous atmospheric conditions exist.
E. Cleanout and Minor Maintenance -The Consultant shall perform minor
maintenance as required. Minor Maintenance as used within this specification shall
mean adjustments to the Automatic Retractable Screen or ARS unit to allow for
proper operation. Minor Maintenance shall include repairs to the Connector Pipe
Screen or CPS screen or Filter units that may result during the cleaning of the catch
basin. Minor Maintenance does not include the replacement of bent or damaged
parts caused by vandalism or accident. If the work required to restore the ARS to
proper operation exceeds minor maintenance the Consultant shall inform the
Contract Officer by noting it in the logs.
F. Cleanout Year Marking -Upon the satisfactory cleanout of each catch basin, the
Consultant shall mark (stencil) the appropriate year ("19" for 2019 , "20" for 2020,
etc .) with blue paint in 3 inch high letters on the back wall at the downstream end
of the catch basin. All existing stencils shall be covered neatly with grey paint prior
to stenciling the current year. On grate-type catch basins , the stencil shall be placed
on the wall perpendicular to the longitudinal axis of the grating. Stencil is to be
plainly visible from the street surface and placed a minimum of 12 inches and a
maximum of 24 inches below the top of the catch basin.
G. Disposal -The Consultant shall remove and legally dispose of all trash, debris,
waste, and liquid generated by the catch basin cleaning work as specified below :
a.
b.
01203.0006 203 8352.3
Method of Removal -All debris and trash required to be removed
from the catch basins shall be removed in a manner to be determined
by the Consultant. However, the method to be used shall be such
that trash and debris collected from within the City shall not be
commingled with trash and debris collected from another
jurisdiction prior to it being quantified. The Consultant shall not
allow any trash or debris to enter the connector pipe or main line as
a result of the cleanout operations.
Debris Disposal -Prior to the start of the Services , the Consultant
shall coordinate with the City to identify the exact location for
disposal of debris at the City's yard, located at 30940 Hawthorn
Blvd., Rancho Palos Verdes, CA 90275. Except as otherwise
A-5 A-29
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
provided in this Agreement, all debris and trash removed under this
Agreement shall be legally disposed of by Consultant away from the
catch basin sites and in the bins provided by the City at the City's
yard. The Consultant is responsible for proper disposal of the debris
and trash, including obtaining approvals from all jurisdictional
agencies, as applicable. The Consultant shall also be responsible for
removing any dead animal from inside a catch basin. The Consultant
shall also be solely responsible for contacting and coordinating with
Animal Care and Control for prompt pick up. No dead animal shall
be left for pick up. Animal Care and Control services are provided
to the City by:
Los Angeles County
Animal Care and Control
Carson Shelter
216 W. Victoria Street
Carson, CA 90248
(310) 523-9566
Vehicles used by the Consultant to transport debris to approved
dump sites shall be so equipped that spillage of liquids or solids does
not occur. Covering of the load shall be required to prevent the
debris from being blown off the transport vehicle. Vehicles and
personnel operating these vehicles that do not comply with this
requirement may be ordered removed from the Project and shall not
be utilized again.
H. Reporting Documentation
a.
b.
01203.0006 2038352.3
Disposal Load Tickets. The Consultant shall furnish a Disposal
Load Ticket to the Contract Officer whenever a disposal to a legal
facility is made. The Disposal Load Ticket shall list for each
disposal load, the disposal date, disposal location, and net disposal
amount (by weight) of debris disposed. This information shall be
recorded on forms provided by the Consultant and approved by the
City. Final payment will not be made until all Disposal Load Tickets
are submitted.
Cleaning Log. The Consultant shall submit to the Contract Officer
at the end of each cleaning cycle, a log of catch basins inspected and
cleaned using the catch basin ID number as depicted on the Plans.
The Cleaning Log shall contain a record, by catch basin, of the date,
volume (as a percentage), and type of trash and debris collected,
whether the basin was stenciled and notes on catch basin condition.
This information shall be recorded on pre-approved forms provided
by the Consultant. Photos of un-sound conditions should be included
A-6 A-30
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
with the Cleaning Log. Each photo should clearly identify its
location. Forms shall be filled out completely.
II. Maintenance Conditions and Maintenance Standards
Listed below are deficiencies in maintenance conditions and their corresponding maintenance
standards which shall apply to this Contract. The cleanout of each catch basin shall meet the
maintenance standards listed below.
Description of Maintenance Condition Description of Maintenance Standard Violation
Trash and debris located immediately in No trash and debris located immediately in
front of curb opening or side opening of front of catch basin opening, and on top or
catch basin, and on top or between metal between metal grates .
grates or grated catch basin.
IV egetation growing across and/or blocking No vegetation blocking catch basin opening
~he basin opening.
Trash and debris in the basin. No trash and debris within the catch basin.
Trash and debris in the connector pipe No trash and debris in connector pipeopening
opening, upstream, or downstream. and/or in the connector pipe for a distance of
6 feet from the opening.
Trash and debris inside the filtration basket No trash and debris inside the filtration basket
or inside metal screens of catch basins or on metal screens of catch basins retrofitted
retrofitted with filtration baskets or metal with baskets or metal screens
screens.
Trash and Debris on CPS ( connector pipe No trash and debris on CPS (connector pipe
screens) screens)
Trash and debris shall include , but is not limited to sediment, mud, vegetation, and garbage . Dead
animals shall be removed from the catch basin by the Consultant.
Upon completion of a cleanout operation at a catch basin and before leaving it, the Consultant shall
sweep and clean the top surface of the catch basin and the area 2 feet around the basin, and shall
remove any trash and debris resulting from the cleanout operations . No debris is to be left at a
catch basin for future pick-up.
Failure to comply with the above requirements will constitute noncompliance with the City Of
Rancho Palos Verdes Catch Basin Cleaning Standards as they appear in Exhibit A-1 Attachment
No .I to scope of work and result in suspension of payment.
01203.0006 203 8352.3 A-7 A-31
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
EXHIBIT "A-2"
NO DUMPING MESSAGE STANDARD
IR=15 mm (½")
White top layer
'Cut out top layer to
'blue under layer
Cfty of Rancho Palos Verdes
•.----~_;;3~05~{1,,;:;2:,f.') ____ -J
0 ,re)
CATCH BASIN "NO DUMPING" MESSAGE STANDARD
Dimensions are in millimeters, except as noted
1. "No Dumping" message ("Message") shall be affixed to the Portland Cement Concrete
or P.C.C. catch basin cover. Before application, Consultant shall prepare P.C.C. surfaces
with a primer sealer. If the cover is buried or otherwise cannot be exposed, Consultant
shall propose an alternate location for Contract Officer's approval
2. Message shall be affixed using either paint or thermoplastic stencil. An ex1stmg
illegible Message shall be removed or painted over such that only one Message is
affixed to the catch basin.
3 . Stencil material shall be two-layer resilient thermoplastic with 30% graded glass beads,
3 15 mm (125 mils) total thickness with beveled edges. Material shall be AASHTO
designated M249-79(86), except that material shall be preformed. Acceptable products
shall be PreMark® Pavement Markings by Flint Trading Inc., (115 Todd Court,
Thomasville, NC 27360; (336)-475-6600; www.fiinttrading.com ), or approved equal.
Stencils shall be affixed using a propane torch, per manufacturer's recommendations.
01203.0006 2038352.3 A-8 A-32
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
4. If paint is selected, the Message shall be affixed using blue paint designed for outdoor use
on concrete surfaces and applied per the manufacturer's recommendations. The Message
shall be applied over a white painted background. The PCC surface shall be prepared per
paint manufacturer's recommendations. The work shall be in conformance with
requirements for curb markings in Sections 210 and 310 of the Standard Specifications.
5. The design layout of the Message and paint colors shall be as shown. Graphic designs other
than that shown above are subject to approval. Consultant shall submit a sample of the stencil
to be used to the Contract Officer for approval no less than 5 working days prior to affixing
any message. Submit full sized drawings and material samples to the Contract Officer for
approval before application.
01203.0006 2038352.3 A-9 A-33
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is hereby amended as follows (deletions shown m strikethrough and
additions shown in bold italics):
Not Applicable .
01203.0006 2038352.3 B-1 A-34
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
Fiscal Year (FY) 2025-2026
Description Unit Cost Unit Quantity
Pre-Season Inspection and Per
1 Clean out of City $30.00 Catch 1,300
Maintained Catch Basins Basin
Wet-Season Inspection and Per 2 Clean out of City $39,000.00 Month 5
Maintained Catch Basins
3 Prepare Approved Traffic $0.00 Each 1 Control Plan
Provide and Affix a "No
4 Dumping" message to the $4 .00 Each 1,050
catch basin as needed.
5 Additional Catch Basin $30.00 Each 560 Cleanings as needed
Total for FY 2025-2026,
01203.0006 2038352.3 C-1
Total
$39,000.00
$195,000.00
$0.00
$4,200.00
$16 ,800.00
$255,000
A-35
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
FY 2026-2027 through 2029-2030
Pricing for Fiscal Years 2026-2027 through 2029-2030 will be based on the unit prices provided
in the table below, subject to an adjustment calculated in accordance with Section 2.1 of the
Agreement, if requested in writing by Contractor, up to a maximum increase of 2% of the previous
year's pricing.
Description Unit Cost Unit Quantity Total
Pre-Season Inspection and Per
1 Clean out of City $30.00 Catch 1,300 $39 ,000.00
Maintained Catch Basins Basin
Wet-Season Inspection and Per 2 Clean out of City $39,000.00 Month 7 $273,000.00
Maintained Catch Basins
3 Prepare Approved Traffic $0.00 Each 1 $0.00 Control Plan
Provide and Affix a "No
4 Dumping" message to the $4 .00 Each 200 $800
catch basin as needed.
5 Additional Catch Basin $30.00 Each 100 $3,000 Cleanings as needed
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task sub-budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
01203.0006 2038352.3 C-2 A-36
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
A. Line items for all activities reflecting the dates and locations (if applicable) at which
services were performed, along with the corresponding number of units and unit
pnces.
B. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
C. The total compensation for the Services shall not exceed $1,582,638.00 as provided
in Section 2.1 of this Agreement.
IV. The Consultant's billing rates for all personnel are attached as Exhibit C-1.
Not applicable
01203.0006 2038352.3 C-3 A-37
Docusign Envelope ID: 1 EFCB64A-7878-45F1-B2AA-6A719191 E206
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Task Deadline Date
A. Pre-Season Inspection and Clean out of All City September 30 th of each year Maintained Catch Basins
B. Wet-Season Inspection and Clean out of City
Maintained Catch Basins April 30 th of each year
C . Provide and Affix a "No Dumping" message to As Needed the catch basin as needed.
D. Additional Catch Basin Cleanings as needed As Needed
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A.
B .
C .
D.
Task
Pre-Season Detailed Inspections
Reports /Documentation
Wet Season Detailed Inspections Reports /
Documentation
Traffic Control Plan
"No Dumping" Message Stencil
Deadline Date
October 15 of Each Year
May 5 of Each Year
Two weeks prior to Scheduled Work
5 Work Days Prior to Beginning
Work
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006 2038352.3 D-1 A-38
AMENDMENT NO 1
TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
Amendment No 1") by and between the CITY OF RANCHO PALOS VERDES, a general
law city & municipal corporation ("City"), and RON'S MAINTENANCE, INC , a California
corporation ("Consultant") is effective as of October 1, 2022
RECITALS
A City and Consultant entered into that certain Agreement for Contract Services dated
October 1, 2019 ("Agreement") whereby Consultant agreed to provide catch basin maintenance
services (the "Services") for a Term of 3 years for a Contract Sum of$597,024 The Agreement
provided for three additional one-year extensions at the City's discretion
B City and Consultant now desire to amend the Agreement to (1) extend the Term
for an additional 3 years for a total of 6 years and (2) increase the Contract Sum by an additional
791,250 to cover the costs of Services for the next 3 years, for a not-to-exceed total Contract Sum
of$1,388,274 00
TERMS
1 Contract Changes The Agreement is amended as provided herein Deleted text is
indicated in strikethrough and added text in bold italics
a. Section 2 1,Contract Sum, is amended to read.
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 reference The total compensation,
including reimbursement for actual expenses, shall not exceed $597,021 (Five
k -- _ - • . . : • . . . - - - - . . ` . . $1,388,274 00 (One
Million Three Hundred Eighty Eight Thousand Two Hundred Seventy Four
Dollars) (the "Contract Sum"), unless additional compensation is approved
pursuant to Section 1 9 "
b Section 3.4,Term, is amended to read
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 three (3)six (6) years from the date hereof, except as
otherwise provided in the Schedule of Performance (Exhibit "D")
c Section 7.8, Termination Prior to Expiration of Term, is amended to
read
This Section shall govern any termination of this Contract except as
specifically provided in the following Section for termination for cause The City
B-1
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 In addition,the Consultant reserves the right
to terminate this Contract at any time, with or without cause, upon f3ixty (60)one
hundred twenty (120) days' written notice to City, except that where termination
is due to the fault of the City, the period of notice may be such shorter time as the
Consultant may determine 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 Except where the Consultant has initiated
termination, the 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 the Consultant has initiated termination, the
Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder In the event of termination without
cause pursuant to this Section, the terminating party need not provide the non-
terminating party with the opportunity to cure pursuant to Section 7 2 "
d Section I of Exhibit "C", Schedule of Compensation, is amended to
read.
I Consultant shall perform the following tasks at the following rates
For FY 2019-2020, FY 2020-2021, and FY 2021-2022
j
f 4
2T Description Unit Cost , Unit !
r
s- Quantity Total
A
Pre-Season
Inspection and
1
Clean out of
16
Per Catch
1,536 24,576
City Basin
Maintained
Catch Basins
Wet-Season
Inspection and
2
Clean out of
24,576
Per
7 172032
City Month
Maintained
Catch Basins
2-B-2
Prepare
3
Approved
0 00 Each 1 0 00
Traffic Control
Plan
Provide and
Affix a"No
4 Dumping" 4 Each 200 800
message to the
catch basin as
needed
Additional
Catch Basin
5 16 Each 100 00 1,600
Cleanings as
needed
Yearly Total
Cost
199,008.00
Total for FY
2019- 2020,
597,024 00
2020-2021,
2021-2022
For FY 2022-2023, FY 2023-2024, and FY 2024-2025
Description Unit Cost Unit Quantity Total
Pre-Season
Inspection and
Per Catch
1 Clean out of 25 1,300 32,500
City Maintained
Basin
Catch Basins
Wet-Season
Inspection and
Per
2 Clean out of 32,500
Month
7 227,500
City Maintained
Catch Basins
3
Prepare
0 00 Each 1 0 00
Approved
01006 0006/846757 2 3-
B-3
Traffic Control
Plan
Provide and
Affix a "No
4 Dumping" 10 00 Each 125 1,250
message to the
catch basin as
needed.
Additional
5
Catch Basin
25 Each 100 00 2,500
Cleanings as
needed
Yearly Total
Cost
263,750 00
Total for FY
2022-2023,
791,250.00
2023-2024,
2024-2025
All work is inclusive of providing an approved traffic control plan and implementing
traffic control."
2 Continuing Effect of Agreement Except as amended by this Amendment No 1,
all provisions of the Agreement shall remain unchanged and in full force and effect From and
after the date of this Amendment No 1,whenever the term"Agreement"appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No 1 to the Agreement
3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein Each party
represents and warrants to the other that the Agreement is currently an effective,valid,and binding
obligation
Consultant represents and warrants to City that, as of the date of this Amendment No 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement
City represents and warrants to Consultant that, as of the date of this Amendment No 1,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement
4 Adequate Consideration The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No 1
o 1006 0006/846757 2 4-
B-4
5 Authority The persons executing this Amendment No 1 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No 1 on behalf of said party, (iii) by so executing this
Amendment No 1, such party is formally bound to the provisions of this Amendment No 1, and
iv)the entering into this Amendment No 1 does not violate any provision of any other agreement
to which said party is bound
SIGNATURES ON FOLLOWING PAGE]
01006 0006/846757 2 5-
B-5
IN WITNESS WHEREOF,the parties hereto have executed this Amendment No 1 on the
dates set forth below,with express intent that this Amendment No 1 shall be effective as of October
1, 2022
CITY
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Barbara F aro, Mayor
Date /- 30- , 2023
ATTEST
esa ka, City Clerk
APPROVED AS TO FORM
ALESHIRE& WYNDER, LLP
4v114-Th
William W Wynder, City Attorney
CONSULTANT
RON'S MAINTENANCE, INC , a
California corporation
By
Name Ron Norman
Title President
By 4_
Name Ron Norman
Title Secretary
Date 2023
Address P 0 Box 4562
Downey, California 90241
Two corporate officer signatures required when Consultant is a corporation,with one signature required from
each of the following groups l)Chairman of the Board,President or any Vice President,and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY
01006 0006/846757 2 6-
B-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
5 s- l
OrSA.01 2023 before me;Vr+r A-Is-+Q''t—,personally appeared "I0' '"
B4. 1O%roved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct
STEF RWITNESSmyhandriI
Notary Public California
Los Angeles County
Signature Commission;2289491
My Comm Expires May 20 2023
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
E l INDIVIDUAL
El CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING
NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01006 0006/846757 2
B-7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
00(01'01,1
On t n 10,2023 before me,-V3 v^ • k.oe t4 ersonal ly appeared 0 f- sMt4 h,proved to me on the
basis of sate
r.
factory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct
STEFHEN S TORRES LOPEZ
WITNESS my hand and . LAM:I Notary Public California
Los Angeles County >
Commission;2289491Signature
My Comm Expires May 20 2023
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
El GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
El TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING
NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01006 0006/846757 2
B-8
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
RON'S MAINTENANCE, INC.
01203.0006/601229.4 1
B-9
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
RON'S MAINTENANCE, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into on October 1, 2019 by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation ("City") and RON'S MAINTENANCE, INC., a California
corporation ("Consultant"). City and Consultant may be referred to, individually or collectively,
as"Party" or"Parties."
RECITALS
A. The Gateway Water Management Authority ("GWMA") is a coalition of
municipalities and water agencies responsible for the water planning needs of 2 million people in
Los Angeles County.
B. On November 9, 2017, the GWMA announced that it had undergone a bidding
process for catch basin maintenance.
B. Consultant has agreed to provide the services at the same prices as listed in the
GWMA bid.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code section 2.44.060,
City has authority to utilize the GWMA bid, to enter into, and execute this Agreement.
D. 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" 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
01203.0006/601229.4 B-10
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.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid 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 Department of Industrial Relations (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.
01203.0006/601229.4 2 B-11
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 two hundred dollars ($200) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
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 sixty (60) 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 eight (8) 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 twenty-five dollars ($25) 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 eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half(1'/2)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
01203.0006/601229.4 3 B-12
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."
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
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.
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
01203.0006/601229.1 4
B-13
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
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 to amend the
Agreement to add, deduct, or alter the services beyond those specified in the Scope of Services.
In the case of additional services, no such services may be undertaken unless an amendment to
the Agreement is first executed between the City and the Consultant, incorporating therein any
adjustment in (i) the Contract Sum for the actual costs of the additional services, and/or (ii) the
time to perform this Agreement. Any amendment for additional services must be approved by the
City Manager or by the City Council, in accordance with Chapter 2.14 of the Rancho Palos
Verdes Municipal Code. 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.
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
actual expenses, shall not exceed $597,024 (Five Hundred Ninety Seven Thousand and
Twenty Four Dollars) (the "Contract Sum"), unless additional compensation is approved
pursuant to Section 1.9.
01203.0006/601229.4 5 B-14
2.2 Method of Compensation.
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, less
contract retention; (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, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation.
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 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 contain all information
specified in Exhibit "C", and 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 forty-five (45) 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
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.
01203.0006/601229.4 6 B-15
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 but not exceeding
one hundred eighty(180)days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the 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 ten (10) 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 three (3)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
D"). The City may, in its sole discretion, extend the Term for three (3) additional one-year
term(s).
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:
01203.0006/601229.4 7 B-16
Ron Norman President
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 competent personnel 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.
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.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, City Engineer, or such person as may be
designated by the City Manager. 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
01203.0006/601229.4 8 B-17
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. 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 than twenty five percent
25%) 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
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.
01203.0006/601229.4 9 B-18
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.
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 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.
01203.0006/601229.4 10 B-19
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
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 thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
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
01203.0006/601229.4 11 B-20
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 ninety (90) 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.
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:
01203.0006/601229.4 12 B-21
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
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
01203.0006/601229.4 13 B-22
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 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
01203.0006/601229.4 14 B-23
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
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 presumptively thirty (30) 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.
01203.0006/601229.4 15 B-24
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.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 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 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
01203.0006/601229.4 16 B-25
this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the
sum of$500.00 (Five Hundred Dollars) as liquidated damages for each working day of delay in
the performance of any service required hereunder. The City may withhold from any monies
payable on account of services performed by the Consultant any accrued liquidated damages.
7.8 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. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. 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. Except where the Consultant has initiated
termination, the 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 the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, 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.
7.10 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.
01203.0006/601229.4 17 B-26
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 Against 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,
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.
01203.0006/601229.4 18 B-27
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
seventy-two (72)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
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.
01203.0006/601229.4 19 B-28
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.
Consultant's Authorized Initials it
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that(i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) 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]
01203.0006/601229 1 20
B-29
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
aril A
0 hovic, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE& WYNDER, LLP
60 te,)
William W. Wynd ity Attorney
CONSULTANT:
RON'S MAINTENANCE, INC., a California
corporation
By:
Name: Ron Norman
Title: President
By:_/Z
Name:
Title: ,j eLle- fry
Address: P.O. Box 4562
Downey California 90241
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.CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,ARTICLES OF INCORPORATION,OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/601229.1 21
B-30
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
pAwy
On /o/1 ,2019 before me, Mi 8 f I ,
personally appeared Na
f RoMtt, proved to me on
the basis of satisfactory evidence to be the person(s)whose names(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
MANUELADOLFONotaryPublic BUSTOsfCalifoOROZCOrniaWITNESSmyhandandofficialseal.
Los Angeles County
0 Commission 12295896
Signature: /— My Comm.Expires Jul 2.2023
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/601229.1
B-31
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
y ab rc ry
On /0 /09 ,2019 before me,AAW/41 &Os/ ,personally appeared tJO(mIW, go/Ift4. ,proved to me on
the basis of satisfactory evidence to be the person(s)whose names(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
Y',.•.;.
MANUELADOLFO BUMS OROZCO
WITNESS my hand and official seal.Notary Public.California
z ;c45-', .) Los Angeles County £
45 Commission t 2295896Signature: Cll///`
My Comm.Expires Jul 2.2023
J
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
O TRUSTEE(S)
O GUARDIAN/CONSERVATOR
O OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/601229.1
B-32
EXHIBIT "A"
SCOPE OF SERVICES
I.Consultant will perform the following maintenance services for all 1,536 catch
basins maintained by the City (the "Services"):
A. Pre-Season Inspection, Cleaning and Maintenance - The Consultant shall visually
inspect, clear and dispose of all debris, and perform any required minor repairs
from July 1 to September 30 of each year, hereafter known as a Pre-Season
Cleaning. All cleaning shall be performed according to the Catch Basin Cleaning
Standards in Exhibit"A-1".
B. Wet Season Inspection and Cleaning - The Consultant shall perform regular
inspections from October 1 to April 30 of each year, hereafter known as a Wet-
Season Cleaning. Inspections shall be performed at least monthly, but may be
required more often if catch basins are not providing drainage at design capacity
due to debris accumulation. During these subsequent inspections Consultant shall
immediately clean any catch basins found to have a blocked or clogged inlet or be
at least 25% full of trash and debris. When rain is predicted, Consultant may be
called out to clean any catch basin that may potentially contribute to flooding in
the sole opinion of the Contract Officer. Consultant shall respond at no additional
cost. All cleaning shall be performed according to the Catch Basin Cleaning
Standards.
C. Debris Disposal - The Consultant shall remove and legally dispose of all trash,
debris, waste, and liquid generated by the Services as specified below:
a. Disposal Location - Collected debris shall be legally disposed of by the
Consultant in bins provided by the City at the City's yard, located at 30940
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
b. Method of Removal - All debris and trash required to be removed from the
catch basins shall be removed in a manner to be determined by the
Consultant, provide that trash and debris collected from within the City
shall not be commingled with trash and debris collected from another
jurisdiction prior to it being quantified. The Consultant shall not allow any
trash or debris to pass through the Connector Pipe Screens and enter the
connector pipe or main line as a result of the cleanout operations.
c. Vehicles - Vehicles used by the Consultant to transport debris to approved
dump sites shall be so equipped to prevent spillage of liquids or solids.
Covering of the load shall be required to prevent the debris from being
blown off the transport vehicle. Vehicles and personnel operating these
vehicles that do not comply with this requirement may be ordered removed
01203.0006/601229.4 A-1
B-33
from use by the Consultant to perform the Services and shall not be
utilized again.
D. Disposal Load Tickets - The Consultant shall furnish a Disposal Load Ticket to
the Contract Officer whenever a disposal is made. The Disposal Load Ticket shall
list for each disposal load, the disposal date, disposal location, and net disposal
amount (by weight) of debris disposed. This information shall be recorded on
forms provided by the Consultant and approved by the City. Affixing Catch Basin
Message - Consultant shall provide and affix a "NO DUMPING" message, in
accordance with the City's standard set forth in Exhibit "A-2", to any catch basin
without a legible "NO DUMPING" message.
E. Documentation - The Consultant shall submit to the Contract Officer at the end of
each cleaning cycle, a log of catch basins inspected and cleaned using the catch
basin ID number as depicted on the GIS map provided by the Contract Officer
the "Cleaning Log"). The Cleaning Log shall contain a record, by catch basin, of
the date, volume (as a percentage), and type of trash and debris collected, whether
the basin was stenciled, and notes on catch basin condition. This information shall
be recorded on pre-approved forms provided by the Consultant. Photos of
conditions preventing the safe and complete cleaning of the basin, as further
described in Exhibit"A-1", Section B ("Unsound Conditions") should be included
with the Cleaning Log. Each photo should clearly identify its location. Forms shall
be filled out completely. Photos of Unsound Conditions should be included with
the Cleaning Logs as described in Exhibit "A-1". Safety issues (e.g., a broken
manhole cover) shall be reported to the City's Contract Officer at once.
F. Traffic Control and Safety - Consultant shall provide for public and worker safety
while carrying out the duties of this Agreement. A traffic control plan shall be
submitted two weeks prior to scheduled work for City approval. The traffic
control plan shall follow the City's standards set by the current California Manual
on Uniform Traffic Control Devices for Streets and Highways. The traffic control
plan may require the seal of a qualified and currently registered civil engineer in
the State of California, as determined by the City's Traffic Engineer.
When not conducting work according to the Traffic Control Plan, Consultant is
responsible for following all street traffic rules.
Damage to irrigation lines, sprinklers, plant material, concrete walkways, light
poles, fencing, or any public or private property, due to Consultant/driver
negligence shall be the responsibility of the Consultant to repair. Repairs shall be
completed within 48 hours of the damage.
H. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Pre-Season Cleaning Log.
01203.0006/ 601229.4 A-2
B-34
B. Wet Season Cleaning Log.
C. Traffic Control Plan.
D. "No Dumping" Message Stencil.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Disposal Load Ticket—to be completed following each disposal of debris.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Ron Norman: President
B. Martin Pedilla: Catch Basin Service Technician
C. Mario Gudino : Catch Basin Service Technician
01203.0006/601229.4 A-3
B-35
EXHIBIT "A-1"
CATCH BASIN INSPECTION AND CLEANING STANDARDS
Consultant shall conduct the Services in compliance with the following standards:
A. Cleaning — Catch Basins shall be cleaned to the following minimum standards:
general inspection of catch basin condition; removal and replacement of catch
basin manhole or grate; atmospheric testing of basin; removal of all debris, trash
and liquids from vault, filters, grate, Connector Pipe Screens, Automatic
Retractable Screen units and the first 6 feet of connector pipes; marking of the
cleaning date; legal disposal of trash and debris; and documentation, as described
below.
B. Inspection of Catch Basins by the Consultant - The Consultant shall inspect each
catch basin for Unsound Conditions such as but not limited to: a) exterior damage,
b) bent or missing protection bars, c) damaged manholes or grating, d) damaged
face plate, e) other physical damages, f) cemented materials that have been
dumped on or into the basin, and cannot be removed by normal cleanout
operations, g) catch basins requiring safety bars per the National Standard
Specifications Public Works Construction Standard Plan 310 and h) legibility of
stenciled"No Dumping" message.
Catch basins with Unsound Conditions shall be photographed prior to cleaning.
Photo documentation of Unsound Conditions shall be submitted to the Contract
Officers as detailed in Section G, "Reporting Documentation," below. Consultant
shall report evidence of rodents and/or vectors breeding/living in the storm drain
system to the City within 24 hours of discovery.
C. Removal and Replacement of Catch Basin Manhole Covers and Gratings - The
Consultant shall remove and replace the catch basin manhole cover or grating of
each catch basin. Screws or bolts that cannot be reused shall be replaced with new
ones matching the size and quality of the unusable screw or bolt.. Consultant shall
remove any frozen cover screws. If during their removal the catch basin covers or
screws should become damaged, it shall be the Consultant's responsibility to
replace them in accordance with the applicable Standard Plan and to re-drill and
thread new holes, if necessary, at no additional cost to the City. If heat is used to
facilitate removal of frozen cover screws, the screws must be checked the
following workday to verify that they have not refrozen. Before leaving a catch
basin, the Consultant shall thoroughly clean all debris from the manhole frame
and cover and/or grating frame and grating. When replacing the catch basin
covers, the Consultant shall grease all catch basin cover screws with a high
temperature thread lubricant and seal grease (Jet-Lube by Koper-Kote or
equivalent) and shall furnish and replace any missing screws.
01203.0006/601229.4 A-4
B-36
D. Testing for Safe Atmospheric Conditions - As required by CAL-OSHA, the
Consultant shall continuously test for safe atmosphere conditions in each catch
basin. Testing shall be done immediately prior to removing the manhole cover or
grating as applicable and continuously thereafter while anyone is working in the
basin. Testing shall verify that safe atmosphere conditions exist in the catch basin.
If unsafe readings are indicated, the Consultant shall use a blower to provide
continuous ventilation of the catch basin. Entry shall not be made until no
hazardous atmospheric conditions exist.
E. Cleanout and Minor Maintenance - The Consultant shall perform minor
maintenance as required. Minor Maintenance as used within this specification
shall mean adjustments to the Automatic Retractable Screen unit to allow for
proper operation. Minor Maintenance shall include repairs to the Connector Pipe
Screen or Filter units that may result during the cleaning of the catch basin. Minor
Maintenance does not include the replacement of bent or damaged parts caused by
vandalism or accident. If the work required to restore the Automatic Retractable
Screen units to proper operation exceeds minor maintenance the Consultant shall
inform the Contract Officer by noting it in the Cleaning Log.
F. Cleanout Year Marking - Upon the satisfactory cleanout of each catch basin, the
Consultant shall mark (stencil) the appropriate year("19" for 2019, "20" for 2020,
etc.) with blue paint in 3 inch high letters on the back wall at the downstream end
of the catch basin. All existing stencils shall be covered neatly with grey paint
prior to stenciling the current year. On grate-type catch basins, the stencil shall be
placed on the wall perpendicular to the longitudinal axis of the grating. Stencil is
to be plainly visible from the street surface and placed a minimum of 12 inches
and a maximum of 24 inches below the top of the catch basin.
G. Reporting Documentation
1.Disposal Load Tickets. The Consultant shall furnish a Disposal Load
Ticket to the City's Contract Officer whenever a disposal is made. The
Disposal Load Ticket shall list for each disposal load, the disposal date,
disposal location, and net disposal amount (by weight) of debris disposed.
This information shall be recorded on forms provided by the Consultant
and approved by the City. Final payment will not be made until all
Disposal Load Tickets are submitted.
2.Cleaning Log. The Consultant shall submit to the City's Contract Officer
at the end of each cleaning cycle, a log of catch basins inspected and
cleaned using the catch basin ID number as depicted on the Plans. The
Cleaning Log shall contain a record, by catch basin, of the date, volume
as a percentage), and type of trash and debris collected, whether the basin
was stenciled and notes on catch basin condition. This information shall be
recorded on pre-approved forms provided by the Consultant. Photos of un-
01203.0006/601229.4 A-5
B-37
sound conditions should be included with the Cleaning Log. Each photo
should clearly identify its location. Forms shall be filled out completely.
H. Maintenance Conditions and Maintenance Standards
Listed below are maintenance standards which shall apply to this Contract. The cleanout
of each catch basin shall meet the maintenance standards listed below.
Maintenance Standards
1. No trash and debris located immediately in front of catch basin opening, and on
top or between metal grates.
2. No vegetation blocking catch basin opening
3. No trash and debris within the catch basin.
4. No trash and debris in connector pipeopening and/or in the connector pipe for a
distance of 6 feet from the opening.
5. No trash and debris inside the filtration basket or on metal screens of catch basins
retrofitted with baskets or metal screens
6. No trash and debris on connector pipe screens
Trash and debris shall include, but are not limited to, sediment, mud, vegetation, and
garbage. Dead animals shall be removed from the catch basin by the Consultant.
Upon completion of a cleanout operation at a catch basin and before leaving it, the
Consultant shall sweep and clean the top surface of the catch basin and the area two feet
around the basin, and shall remove any trash and debris resulting from the cleanout
operations. No debris is to be left at a catch basin for future pick-up.
01203.0006/601229.4 A-6
B-38
EXHIBIT "A-2"
NO DUMPING MESSAGE STANDARD
City of Rancho Palos Verdes
R=15 mm (1/2") --\
j
White top layer
rSy(4)
pU M,
ti6
I
110
6 4
Ln
O'Q
Cut out top layer 1/Ap 10
0000,
to blue under layer
t
305 (12')
CATCH BASIN "NO DUMPING" MESSAGE STANDARD
Dimensions are in millimeters,except as noted
1.No Dumping" message ("Message") shall be affixed to the Portland Cement Concrete
catch basin cover. Before application, Consultant shall prepare Portland Cement
Concrete surfaces with a primer sealer. If the cover is buried or otherwise cannot be
exposed, Consultant shall propose an alternate location for the City's Contract Officer's
approval.
2.Message shall be affixed using either paint or thermoplastic stencil. Any existing
illegible Message shall be removed or painted over such that only one Message is
affixed to the catch basin.
3.Stencil material shall be two-layer resilient thermoplastic with 30% graded glass beads,
3 15 mm (125 mils) total thickness with beveled edges. Material shall be American
Association of State Highway and Transportation Officials designated M249-79(86),
01203.0006/601229.4 A-7
B-39
except that material shall be pre-formed. Acceptable products shall be PreMark®
Pavement Markings by Flint Trading Inc., (115 Todd Court, Thomasville, NC 27360;
336)-475-6600; www.flinttrading.com), or approved equal. Stencils shall be affixed
using a propane torch, per manufacturer's recommendations.
4.If paint is selected, the Message shall be affixed using blue paint designed for outdoor use
on concrete surfaces and applied per the manufacturer's recommendations. The Message
shall be applied over a white painted background. The PCC surface shall be prepared per
paint manufacturer's recommendations. The work shall be in conformance with
requirements for curb markings in Sections 210 and 310 of the Standard Specifications.
5.The design layout of the Message and paint colors shall be as shown. Graphic designs other
than that shown above are subject to approval. Consultant shall submit a sample of the
stencil to be used to the Contract Officer for approval no less than 5 working days prior to
affixing any message. Submit full sized drawings and material samples to the Contract
Officer for approval before application.
01203.0006/601229.4 A-8
B-40
EXHIBIT "B"
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
INTENTIONALLY LEFT BLANK]
01203.0006/601229.4 B-1 B-41
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I.Consultant shall perform the following tasks at the following rates:
Description Unit Cost Unit Quantity Total
Pre-Season Inspection Per
1 and Clean out of City 16 Catch 1,536 24,576
Maintained Catch Basins Basin
Wet-Season Inspection
Per
2 and Clean out of City 24,576
Month
7 172,032
Maintained Catch Basins
3
Prepare Approved
0.00 Each 1 0.00
Traffic Control Plan
Provide and Affix a"No
4 Dumping"message to
4 Each 200 800
the catch basin as
needed.
Additional Catch Basin
5 16 Each 100.00 1,600
Cleanings as needed
Yearly Total Cost 199,008.00
Total for FY 2019-2020,
2020-2021,2021-2022
597,024.00
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
01203.0006/601229.4 C-1 B-42
Not Applicable
III. 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.
NOT APPLICABLE
IV. 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.
Each monthly payment will not be made until all Disposal Load Tickets for the
applicable month are submitted.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1.
NOT APPLICABLE
01203.0006/601229.4 C-2 B-43
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I.Consultant shall perform all services timely in accordance with the following
schedule:
Task Deadline Date
A. Pre-Season Inspection and Clean out of All City September 30`h of each year
Maintained Catch Basins
B.
Wet-Season Inspection and Clean out of City to
Maintained Catch Basins
April 30of each year
C. Provide and Affix a"No Dumping" message to
the catch basin as needed.
As Needed
D.Additional Catch Basin Cleanings as needed As Needed
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
Task Deadline Date
A. Pre-Season Cleaning Log October 15 of Each Year
B. Wet Season Cleaning Log May 5 of Each Year
C. Traffic Control Plan Two weeks prior to Scheduled Work
D. No Dumping" Message Stencil 5 Work Days Prior to Beginning Work
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/601229.4 D-1 B-44
City of Culver City
Staff Report
Mike Balkman Council
Chambers
9770 Culver Blvd.
Culver City, CA 90232
File #:24-892,Version:1 Item #:C-10.
CC - CONSENT ITEM:Approval of a Three-Year Agreement with Ron’s Maintenance, Inc. for
Citywide Catch Basin Cleaning and Inspection Services, in an Amount Not-to-Exceed $188,000
Annually, with the Option to Extend the Agreement an Additional Two Years.
Meeting Date:April 29, 2024
Contact Person/Dept:Sean Singletary/Public Works Department
Phone Number:(310) 253-6457
Fiscal Impact: Yes [X] No [ ]General Fund:Yes [ ] No [X]
Attachments:Yes [ ] No [X]
Public Notification: E-Mail: Meetings and Agendas - City Council (04/24/2024)
Department Approval:Yanni Demitri, Public Works Director / City Engineer (04/01/2024)
_____________________________________________________________________
RECOMMENDATION:
Staff recommends the City Council approve a three-year agreement with Ron’s Maintenance, Inc. for
Citywide Catch Basin Cleaning and Inspection Services in an amount not-to-exceed $188,000
annually, with the option to extend the contract an additional two years.
BACKGROUND:
Storm drain catch basin maintenance is an important function of water quality management and
compliance with the City’s Municipal Storm Sewer System (MS4) and National Pollutant Discharge
Elimination System (NPDES) Permits. The City has approximately 741 storm drain catch basins that
drain to two watersheds, Ballona Creek and Marina Del Rey. These catch basins are equipped with
trash excluder devices to prevent debris from entering the storm drain system - connector pipe
screens (CPS) and automatic retractable screens (ARS). Connector pipe screens (CPS) are located
within the catch basin and prevent trash from entering the storm drain system by forming a barrier
around the storm drain inlet. Automatic retractable screens (ARS) are located outside of the catch
basin and prevent trash and debris from entering the catch basin during dry weather. These facilities
are required to be maintained regularly and stamped with “No Dumping” decals.
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File #:24-892,Version:1 Item #:C-10.
DISCUSSION:
On February 22, 2024, the Department released a Request for Proposals (RFP #2431) to provide
Citywide Catch Basin Cleaning and Inspection Services. A total of four proposals were received by
the March 28, 2024, submission deadline. The proposers are listed below in alphabetical order:
1. Downstream Services, Inc.
2. Panico Excavation, Inc.
3. Ron’s Maintenance, Inc.
4. United Storm Water Inc.
The proposals were evaluated based on the qualifications and experience of the firm and proposed
team; questions/responses to the scope of services; references; and total program costs. Staff
determined Ron’s Maintenance, Inc. to be the best qualified and most cost effective.
Ron’s Maintenance, Inc. is a full-service maintenance company with over 30 years providing catch
basin and storm drain maintenance to municipalities. Ron’s Maintenance Inc. has performed these
activities for the City of Culver City since 2012, as well as similar work for the Counties of Los
Angeles and Orange.
Staff recommends that City Council approve the three-year professional services agreement with
Ron’s Maintenance, Inc. for the Citywide Catch Basin Cleaning and Inspection Services in an amount
not-to-exceed $188,000 annually, with the option to extend the agreement an additional two years.
FISCAL ANALYSIS:
The Adopted Budget for Fiscal Year 2023-2024 budget includes sufficient funding available in
Account #43480000.730100.PZ497 (Stormwater MS4 Permit Compliance Program) to fund the first
year of the agreement. Funding for additional years of the agreement will be included in future fiscal
year budgets.
ATTACHMENTS:
None.
MOTION:
That the City Council:
1.Approve a three-year with Ron’s Maintenance, Inc. for Citywide Catch Basin Cleaning and
Inspection Services in an amount not-to-exceed $188,000 annually, with an option to extend
for two additional years;
2.Authorize the City Attorney to review/prepare the necessary documents; and
3.Authorize the City Manager to execute such documents on behalf of the City .
City of Culver City Printed on 4/18/2025Page 2 of 2
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ENSO: Recent Evolution,
Current Status and Predictions
Update prepared by:
Climate Prediction Center / NCEP
22 September 2025
D-1
Outline
Summary
Recent Evolution and Current Conditions
Oceanic Niño Index (ONI)
Pacific SST Outlook
U.S. Seasonal Precipitation and Temperature Outlooks
Summary
D-2
Summary
* Note: These statements are updated once a month (2nd Thursday of each month) in association
with the ENSO Diagnostics Discussion, which can be found by clicking here.
ENSO Alert System Status: La Niña Watch
ENSO-neutral is present.*
Equatorial sea surface temperatures (SSTs) are near-to-below average across
most of the Pacific Ocean.
A transition from ENSO-neutral to La Niña is likely in the next couple of months,
with a 71% chance of La Niña during October -December 2025. Thereafter, La
Niña is favored but chances decrease to 54% in December 2025 -February
2026.*
D-3
From early December 2024 through
February 2025, below-average SSTs
persisted in the east-central and
central Pacific.
During February-March 2025 and late
May-August, above-average SSTs were
observed in the eastern Pacific.
Since the end of March, SSTs returned
to near average across most of the
equatorial Pacific Ocean.
Since mid-August, equatorial SSTs have
been near-to-below average from the
central to eastern Pacific Ocean.
Recent Evolution of
Equatorial Pacific SST
Departures (oC)
D-4
Niño Region SST
Departures (oC) Recent
Evolution
The latest weekly
SST departures are:
Niño 4 -0.3ºC
Niño 3.4 -0.4ºC
Niño 3 -0.4ºC
Niño 1+2 0.0ºC
D-5
SST Departures (oC) in the Tropical Pacific During the Last
Four Weeks
In the last four weeks, equatorial SSTs were above average in the western Pacific Ocean,
and were near-to-below average across most of the central and eastern Pacific.
2630
D-6
Global SST Departures (oC) During the Last Four Weeks
During the last four weeks, equatorial SSTs were near-to-below average in the eastern Atlantic,
central to eastern Pacific, and a small region of the western Indian Oceans. SSTs were above
average in the western Pacific, and central and eastern Indian Oceans.
263030
D-7
Weekly SST Departures
during the Last Four
Weeks
During the last 4 weeks, near-to-below
average equatorial SSTs continued across
most of the Pacific, except for the above-
average SSTs that persisted in the western
Pacific.
D-8
Change in Weekly SST Departures over the Last Four
Weeks
During the last four weeks, negative SST anomaly changes were evident across most of the
equatorial Pacific Ocean.
D-9
Upper-Ocean Conditions in
the Equatorial Pacific
The basin-wide equatorial upper ocean (0-300 m)
heat content is greatest prior to and during the
early stages of a Pacific warm (El Niño) episode
(compare top 2 panels), and least prior to and
during the early stages of a cold (La Niña)
episode.
The slope of the oceanic thermocline is least
(greatest) during warm (cold) episodes.
Recent values of the upper-ocean heat
anomalies (near-average) and thermocline
slope index (near-average) reflect ENSO-
neutral.
The monthly thermocline slope index represents the
difference in anomalous depth of the 20ºC isotherm
between the western Pacific (160ºE-150ºW) and the
eastern Pacific (90º-140ºW).D-10
Central and Eastern Pacific Upper-Ocean (0-300 m)
Weekly Average Temperature Anomalies
Negative subsurface temperature anomalies dominated from the start of the period through the beginning
of April 2025.The negative anomalies reached a minimum in December 2024. In February and March
2025, the negative anomalies significantly weakened. Weak positive anomalies were present from mid-
April through early July. In mid-July and mid-August, negative anomalies strengthened.
D-11
Sub-Surface Temperature Departures in the Equatorial
Pacific
Most recent pentad analysis
Over the last couple of months, below-average
temperatures strengthened across the central and
eastern Pacific.
Above-average subsurface temperatures persisted in
the western Pacific.
D-12
Tropical OLR and Wind
Anomalies During the Last
30 Days
Below-average OLR (enhanced convection and
precipitation) was evident over Indonesia, while
above-average OLR (suppressed convection and
precipitation) was observed over the Date Line.
Low-level (850-hPa) wind anomalies were
easterly over most of the equatorial Pacific
Ocean.
Upper-level (200-hPa) wind anomalies were
westerly over the eastern equatorial Pacific.
D-13
Intraseasonal Variability
Intraseasonal variability in the atmosphere (wind and pressure), which is often related
to the Madden-Julian Oscillation (MJO), can significantly impact surface and subsurface
conditions across the Pacific Ocean.
Related to this activity:
Significant weakening of the low-level easterly winds usually initiates an eastward-
propagating oceanic Kelvin wave.
D-14
Weekly Heat Content
Evolution in the Equatorial
Pacific
Equatorial oceanic Kelvin waves have alternating
warm and cold phases.The warm phase is
indicated by dashed lines.Down-welling and
warming occur in the leading portion of a Kelvin
wave,and up-welling and cooling occur in the
trailing portion.
Significant equatorial oceanic Kelvin wave activity
(dashed and dotted lines) has been present at
times throughout the period shown.
Through February 2025, below-average subsurface
temperatures dominated the east-central and
eastern Pacific. Upwelling Kelvin waves were
initiated during September 2024, December 2024,
July, and August 2025.
From April to early July 2025, near-average
temperatures dominated the central and eastern
Pacific. Below-average temperatures returned in
July 2025 and have persisted in the east-central
Pacific.
D-15
Low-level (850-hPa)
Zonal (east-west) Wind
Anomalies (m s-1)
At times, the Madden Julian-Oscillation
(MJO) has contributed to the eastward
propagation of low-level wind anomalies.
Since the beginning of the period,
easterly wind anomalies mostly
dominated the central Pacific Ocean.
Westerly Wind Anomalies (orange/red shading)
Easterly Wind Anomalies (blue shading)D-16
Upper-level (200-hPa)
Velocity Potential
Anomalies
Unfavorable for precipitation (brown shading)
Favorable for precipitation (green shading)
Note: Eastward propagation is not necessarily indicative of the Madden-Julian Oscillation (MJO).
At times, regions of anomalous divergence
(green shading) and convergence (brown
shading) shifted eastward.
Through the end of July, anomalous
divergence was mostly observed over the
western and central Pacific. Beginning in
August, anomalous divergence was observed
mostly over Indonesia.
Since mid-March 2025, anomalous
convergence mostly persisted outside of the
tropical Pacific Ocean.
D-17
Outgoing Longwave
Radiation (OLR) Anomalies
Drier-than-average Conditions (orange/red shading)
Wetter-than-average Conditions (blue shading)
Positive OLR anomalies (suppressed
convection/rainfall) were observed near
the Date Line through mid-April 2025.
Through early May 2025, negative OLR
anomalies (enhanced convection/rainfall)
persisted over the eastern Pacific Ocean.
Negative OLR anomalies persisted over
Indonesia through mid-July 2025 and
emerged again in early August 2025.
Positive OLR anomalies emerged near the
Date Line in late July 2025.
D-18
Oceanic Niño Index (ONI)
The ONI is based on SST departures from average in the Niño 3.4 region, and is a
principal measure for monitoring, assessing, and predicting ENSO.
Defined as the three-month running-mean SST departures in the Niño 3.4 region.
Departures are based on a set of improved homogeneous historical SST analyses
(Extended Reconstructed SST –ERSST.v5). The SST reconstruction methodology is
described in Huang et al., 2017, J. Climate, vol. 30, 8179-8205.)
It is one index that helps to place current events into a historical perspective.
Note: a different SST dataset is used for weekly SST monitoring (slides #4 -9) and is
using OISSTv2.1 (Huang et al., 2021).
D-19
NOAA Operational Definitions for El Niño and La Niña
El Niño: characterized by a positive ONI greater than or equal to +0.5ºC.
La Niña: characterized by a negative ONI less than or equal to -0.5ºC.
By historical standards, to be classified as a full-fledged El Niño or La Niña episode,
these thresholds must be exceeded for a period of at least 5 consecutive overlapping
3-month seasons.
CPC considers El Niño or La Niña conditions to occur when the monthly Niño3.4 OISST
departures meet or exceed +/-0.5ºC along with consistent atmospheric features. These
anomalies must also be forecasted to persist for 3 consecutive months.
D-20
ONI (ºC): Evolution
since 1950
The most recent ONI value (June –
August 2025) is -0.2ºC.
El Niño
La Niña
Neutral
D-21
Historical El Niño and La Niña Episodes Based on the
ONI computed using ERSST.v5
Recent Pacific warm (red) and cold (blue) periods based on a threshold of +/-0.5 ºC for the Oceanic
Nino Index (ONI) [3 month running mean of ERSST.v5 SST anomalies in the Nino 3.4 region (5N-5S, 120-170W)].
For historical purposes, periods of below and above normal SSTs are colored in blue and red when the
threshold is met for a minimum of 5 consecutive over-lapping seasons.
The ONI is one measure of the El Niño-Southern Oscillation, and other indices can confirm whether
features consistent with a coupled ocean-atmosphere phenomenon accompanied these periods. The complete
table going back to DJF 1950 can be found here.
Year DJF JFM FMA MAM AMJ MJJ JJA JAS ASO SON OND NDJ
2013 -0.4 -0.4 -0.3 -0.3 -0.4 -0.4 -0.4 -0.3 -0.3 -0.2 -0.2 -0.3
2014 -0.4 -0.5 -0.3 0.0 0.2 0.2 0.0 0.1 0.2 0.5 0.6 0.7
2015 0.5 0.5 0.5 0.7 0.9 1.2 1.5 1.9 2.2 2.4 2.6 2.6
2016 2.5 2.1 1.6 0.9 0.4 -0.1 -0.4 -0.5 -0.6 -0.7 -0.7 -0.6
2017 -0.3 -0.2 0.1 0.2 0.3 0.3 0.1 -0.1 -0.4 -0.7 -0.8 -1.0
2018 -0.9 -0.9 -0.7 -0.5 -0.2 0.0 0.1 0.2 0.5 0.8 0.9 0.8
2019 0.7 0.7 0.7 0.7 0.5 0.5 0.3 0.1 0.2 0.3 0.5 0.5
2020 0.5 0.5 0.4 0.2 -0.1 -0.3 -0.4 -0.6 -0.9 -1.2 -1.3 -1.2
2021 -1.0 -0.9 -0.8 -0.7 -0.5 -0.4 -0.4 -0.5 -0.7 -0.8 -1.0 -1.0
2022 -1.0 -0.9 -1.0 -1.1 -1.0 -0.9 -0.8 -0.9 -1.0 -1.0 -0.9 -0.8
2023 -0.7 -0.4 -0.1 0.2 0.5 0.8 1.1 1.3 1.6 1.8 1.9 2.0
2024 1.8 1.5 1.1 0.7 0.4 0.2 0.0 -0.1 -0.2 -0.3 -0.4 -0.5
2025 -0.6 -0.4 -0.2 -0.1 -0.1 -0.1 -0.2 D-22
CPC Probabilistic ENSO Outlook
Updated: 11 September 2025
A transition from ENSO-neutral to La Niña is likely in the next couple of months, with a
71% chance of La Niña during October -December 2025. Thereafter, La Niña is favored
but chances decrease to 54% in December 2025 -February 2026.
D-23
IRI Pacific Niño 3.4
SST Model Outlook
Figure provided by the International Research
Institute (IRI) for Climate and Society
(updated 19 September 2025).
Most models favor La Niña to
emerge in the coming season,
persisting through Northern
Hemisphere winter (December-
February) before transitioning
back to ENSO-neutral in early
2026.
D-24
SST Outlook: NCEP CFS.v2 Forecast (PDF corrected)
Issued: 21 September 2025
The CFS.v2 ensemble mean (black dashed line) favors La Niña during the
Northern Hemisphere fall and winter 2025-26.
D-25
Atmospheric anomalies over
the North Pacific and North
America During the Last 60
Days
1 of 3
From mid-July to mid-August, above-average
heights and temperatures were evident over the
eastern U.S. This pattern shifted in mid-August,
with below-average heights and temperatures
emerging over the eastern U.S.
D-26
2 of 3
Atmospheric anomalies over
the North Pacific and North
America During the Last 60
Days
From mid-July to mid-August, above-average
heights and temperatures were evident over the
eastern U.S. This pattern shifted in mid-August,
with below-average heights and temperatures
emerging over the eastern U.S.
D-27
3 of 3
Atmospheric anomalies over
the North Pacific and North
America During the Last 60
Days
From mid-July to mid-August, above-average
heights and temperatures were evident over the
eastern U.S. This pattern shifted in mid-August,
with below-average heights and temperatures
emerging over the eastern U.S.
D-28
U.S. Temperature and Precipitation Departures During
the Last 30 Days
End Date: 20 September 2025
Percent of Average Precipitation Temperature Departures (degree C)
1 of 2D-29
Percent of Average Precipitation
End Date: 20 September 2025
U.S. Temperature and Precipitation Departures During
the Last 90 Days
2 of 2
Temperature Departures (degree C)
D-30
U. S. Seasonal Outlooks
Precipitation Temperature
October-December 2025
The seasonal outlooks combine the effects of long -term trends, soil moisture,
and, when appropriate, ENSO.
D-31
Summary
* Note: These statements are updated once a month (2nd Thursday of each month) in association
with the ENSO Diagnostics Discussion, which can be found by clicking here.
ENSO Alert System Status: La Niña Watch
ENSO-neutral is present.*
Equatorial sea surface temperatures (SSTs) are near-to-below average across
most of the Pacific Ocean.
A transition from ENSO-neutral to La Niña is likely in the next couple of months,
with a 71% chance of La Niña during October -December 2025. Thereafter, La
Niña is favored but chances decrease to 54% in December 2025 -February
2026.*
D-32