CC SR 20260707 M - Landslide Emergency Contract Continuation
CITY COUNCIL MEETING DATE: 07/07/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider continuing the emergency justification for work and emergency contracting for
the Greater Portuguese Bend-Ancient Altamira Landslide Emergency Project.
RECOMMENDED COUNCIL ACTION:
(1) Reconfirm, by a four-fifths vote, there is a need to continue the work on the
Landslide Emergency Project declared by Council-adopted Resolution No. 2024-
20 on May 7, 2024, finding an emergency exists requiring immediate action in the
Greater Portuguese Bend-Ancient Altamira Landslide Complex (Landslide
Complex) to seek to mitigate the movement of the landslide;
(2) Direct the City Clerk to confirm the same in the minutes of this City Council
meeting, via Minute Order, reflecting this action;
(3) Award a Public Works Agreement to Williams Pipeline Contractors, Inc. for on-call
emergency repairs to the Abalone Cove Sanitary Sewer System in the not-to-
exceed amount of $1,500,000 with a 10% contingency of $150,000 and a contract
term expiration date of June 30, 2027;
(4) Authorize the Mayor to execute the Agreement in a form approved by the City
Attorney; and,
(5) Ratify the Consultant Maintenance Agreement with AAA Oil, Inc. for DDW
Generating Fuling Services in the not-to-exceed amount of $85,000 and a contract
term of 90 calendar days.
FISCAL IMPACT: VR
Cost to Date:
The total estimated cost for the Greater Portuguese Bend–Ancient Altamira Landslide
Complex (Landslide Complex) from 2022 through June 30, 2026, is projected to reach
approximately $61.5 million (reduced from past reporting at $64.4 million). This cost is
funded through multiple sources, mainly funded from the CIP Fund, General Fund, Metro
Funds, ARPA, Supervisor Hahn’s Social Program Grant, Los Angeles County Sanitation
District No. 2, and Los Angeles Flood Control District.
FY 2024-25 Budget:
A comprehensive summary of expenditures incurred for FY 2024 -25 is included in the
August 19, 2025 staff report and can be found at the following link:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4840&meta_id=130486
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FY 2025-26 Budget:
The FY 2025-26 City Council adopted budget for the City’s response to the Portuguese
Bend Landslide was $17.75 million in the CIP and $860,300 for property tax assessments
in the General Fund, as detailed in the tables below.
On September 16, 2025, the City Council approved a revised budget based on a current
assessment of field conditions and a reassessment of the proposed winterization projects.
The total budget was revised to $16.4 million, a decrease of $2.16 million.
On December 16, 2025, the City Council approved Staff’s proposed carryover of unspent
funds in the amount of $1.45 million from FY 2024 -25 for the emergency stabilization
measures that were not completed by June 30, 2026. Based on these changes, FY 2025-
26 Revised Budget is now approximately $17.9 million. The breakdown for each fund is
shown below:
Capital Infrastructure Projects (CIP) Fund:
Funding Source: Capital Infrastructure Projects (CIP) Fund FY 2025-26
Revised Budget
8202 - Abalone Cove Sanitary Sewer Repair Program 3,000,000
8304 - Portuguese Bend Landslide Remediation Project 530,000
8307 - Portuguese Bend Landslide Remediation - Emergency
Stabilization Measures (was $6,187,000 before cont. approp.) 7,635,775
Construction 3,984,045
Professional Services (Engineering, Environmental, Inspection, Management 1,627,955
Contingency 575,000
FY 2024-25 Continuing Appropriations (Approved 12/16/25) 1,448,775
8308 - Portuguese Bend Landslide Remediation - Deep Dewatering Wells
1 thru 6 Permanent Power (City's Federal Grant Match) 525,000
8309 - Portuguese Bend Landslide Hydrology & Hydraulics Study 1,265,000
TOTAL - FY 2025-26 (CIP FUND – PREVIOUSLY $13,675,000) $12,955,775
Special Revenue (Restricted) Funds:
Funding Sources: Special Revenue (Restricted) Funds FY 2025-26
Revised Budget
8302 - Palos Verdes Drive South Landslide Repair Program 2,500,000
SB-1 Gas Tax (Fund 204) 350,000
Prop C (Fund 215) 1,150,000
Measure R (Fund 220) 1,000,000
8308 - Portuguese Bend Landslide Remediation - Deep Dewatering
Wells 1 thru 6 Permanent Power 1,575,000
Federal Grant 1,575,000
TOTAL - FY 2025-26 SPECIAL REVENUE (RESTRICTED) FUNDS $4,075,000
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General Fund:
Funding Source: General Fund FY 2025-26 Adopted Budget
3150 Property Tax Assessments
KCLAD 475,902
ACLAD 384,398
TOTAL - FY 2025-26 General Fund $860,300
ORIGINATED BY: David Copp, Deputy Public Works Director
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. June 16, 2026 City Council Staff Report – Emergency Landslide
Stabilization Contract Continuation (Linked)
B. Public Works Agreement with Williams Pipeline Contractors, Inc. (page B-
1)
C. Consultant Maintenance Agreement with AAA Oil, Inc. (page C-1)
______________________________________________________________________
BACKGROUND:
On October 3, 2023, the City Council adopted Resolution No. 2023 -47 (proceeded by
Resolution No. 2024-20 on May 7, 2024), declaring a state of local emergency relating to
the land movement in the Landslide Complex and providing the City Manager
authorization to approve matters related to the emergency for ratification by the City
Council. The state of emergency, as well as the continuation of associated emergency
contracting has been timely renewed and is current.
The City Council most recently approved continuing the emergency justification for work
and emergency contracting for the Greater Portuguese Bend-Ancient Altamira Landslide
Emergency Project on June 16, 2026 (Attachment A) and is therefore due to reaffirm the
need to continue to remediate the emergency at this evening’s meeting under a separate
agenda item.
Additionally, on June 16, 2026, the City Council awarded multiple contracts for emergency
landslide stabilization and related infrastructure repair work (Attachment A).
DISCUSSION:
Re-affirm Need to Continue Emergency Work
Pursuant to Public Contract Code § 22050, the City Manager and Director of Public Works
must report to the City Council at its regular meeting the reasons justifying why the
emergency continues to exist and why action outside of the normal bidding process is
necessary to respond to the emergency. Furthermore, Public Contract Code § 22050
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states that the City Council shall, at every regularly scheduled meeting, consider and
reaffirm, by a four-fifths vote, that there is a need to continue to remediate the emergency
until the authorized emergency repairs have been completed. Accordingly, because the
work has not yet been completed and the local state of emergency remains, this item is
on tonight’s agenda. This item will be placed on each subsequent agenda until all aspects
of the project are completed and the local state of emergency has been lifted.
To support the need for continued emergency contracting authority, the current status of
the Deep Dewatering Wells (DDWs) and winterization programs is provided.
Since the start of the DDW program in September 2024, approximately 525 million
gallons, or 1,608 acre-feet of water have been extracted. Seven of the nine DDWs
operated and maintained by the City are currently in service. DDW-2 and DDW-8 are
currently offline due to pump failures. City crews are investigating the cause and working
to bring the wells back on-line as soon as possible.
Table 1 - DDW Current Water Extraction Rates as of June 29, 2026
DDW
No.
Date
Operational
Current Approximate Water Extraction Rate
(Gallons Per Minute)
Total Water
Extraction to
Date
Acre-Ft Million
Gallons
1 9/13/2024 70 (re-drilled 3/21/25, 9/25/25, redrilled 6/3/26) 212 69
2 9/17/2024 0 (re-drilled 5/29/25) Currently Offline 220 72
3 9/21/2024 30 (re-drilled 3/24/25) 184 60
4 9/21/2024 N/A, Decommissioned 3/27/25 126 41 4A 3/29/2025 30 (re-drilled 2/24/26)
5 9/25/2024 100 (re-drilled 3/26/25, 9/18/2025, and 5/23/26) 180 59
6 9/28/2024 35 (re-drilled 12/29/24, 5/23/25, and 2/26/26) 164 53
7 10/15/2024 N/A, Decommissioned 6/3/25 15 5
8 10/17/2024 0 (re-drilled 8/14/25 and 2/20/26) Currently Offline 146 48
9 10/25/2024 N/A, Decommissioned 11/07/24 113 37 9A 11/16/2024 30 (re-drilled 12/29/24, 5/10/25, 8/22/25)
10 10/24/2024 100 (re-drilled 5/11/25) 246 80
11 12/3/2024 N/A, Decommissioned 3/14/25 2 1
Totals 395 1,608 525
Status of 2026-2027 Rainy Season Winterization
Plans for winterization in Fiscal Year 2026-27 are being prepared in advance of the rainy
season. Monitoring of winterized areas will be conducted prior to and during rain events.
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Public Works Agreement with Williams Pipeline Contractors, Inc.
On June 16, 2026, the City Council awarded two on-call contracts to perform emergency
repairs to the Abalone Cove Sanitary Sewer System (Attachment A). Since then, Staff
have reached out to additional companies to increase the pool of available qualified on-
call contractors and were successful in pre-qualifying and negotiating a Public Works
Agreement (PWA) with a third firm, Williams Pipeline Contractors, Inc. (Williams). The
terms and conditions of the proposed PWA with Williams are consistent with the first two
awarded on-call contracts noted above. As part of this staff report, the City Council is
being asked to consider awarding a PWA to Williams (Attachment B).
As described in the June 16, 2026 staff report, not all Agreements for Landslide
Emergency Contracting in FY 2026-27 will be used to their full value and in no case will
the total expenditure amounts across all agreements/contracts exceed the City Council
approved budget for the Abalone Cove Sanitary Sewer Proje ct.
Ratify a Consultant Maintenance Agreement with AAA Oil, Inc.
On June 16, 2026, the City Council awarded a Consultant Maintenance Agreement
(CMA) to Dion and Sons, Inc. (Dion) for DDW generator fueling services for FY 2026-27
(Attachment A), which was the result of a formal request for proposals (RFP) solicitation
process advertised on Planet Bids on March 27, 2026. Following award of the CMA, Dion
has been inadequately responsive with respect to executing the CMA and providing other
required documents.
To avoid the risk of a lapse in DDW generator fueling services contracting and a resulting
interruption to the DDW program after June 30, 2026, Staff provided Dion with a deadline
of June 11, 2026, to sign the CMA, after which Staff would begin seeking proposals from
other firms, should Dion not sign. Dion did not respond by the deadline provided by staff.
Accordingly, Staff notified Dion on June 18, 2026 that the CMA solicitation with them had
been cancelled.
Staff then proceeded with a new, informal solicitation process and invited four known
vendors to submit proposals. Proposals were received from two vendors. Following the
proposal evaluation stage, Staff selected AAA Oils, Inc. (AAA) and executed an $85,000
(not-to-exceed), 90-day term CMA under the City Manager’s emergency contracting
authority. During this 90-day period, Staff will re-solicit an RFP for the services through
the remainder of FY 26-27. As part of this staff report, the City Council is being asked to
ratify the CMA with AAA for generator fueling services (Attachment C).
ADDITIONAL INFORMATION:
Following the conclusion of FY 2025-26, Staff are processing remaining FY 2025-26
invoices for landslide emergency stabilization work. Once final invoices are paid, Staff will
report the total actual costs of FY 2025-26 landslide emergency stabilization work to the
City Council, which is expected to occur in August 2026, as part of the emergency
contracting standing report. The City Council may also be asked to ratify any outstanding
PSAs and Agreements (contracts).
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CONCLUSION:
The effects of the ongoing land movement continue to be felt in the Greater Portuguese
Bend-Ancient Altamira Landslide Complex. Staff recommend (1) reconfirming that there
is a need to continue to remediate the emergency identified by City Council-adopted
Resolution No. 2024-20 (originally by Resolution No. 2023-47), (2) reconfirming, by a
four-fifths vote, the need for continuing the work on the Portuguese Bend Landslide
Emergency Project, (3) awarding a PWA with Williams, and (4) ratifying a CSA with AAA
Oil, Inc. within approved budget.
ALTERNATIVES:
In addition to Staff recommendation the following alternative actions are available for the
City Council’s consideration:
1. Do not award a PWA to Williams PWA. This would result in having less available
on-call sanitary sewer repair contractors to provide emergency response, and less
competition when soliciting work for cost proposals.
2. Do not ratify a CMA with AAA Oil, Inc. This would result in a potential lapse in
fueling the DDW generators and a resulting shutdown of the DDWs until the City
can contract with and mobilize a new vendor for these services.
3. Take other action or provide direction, as deemed appropriate.
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PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
WILLIAMS PIPELINE CONTRACTORS, INC.
For
ON-CALL SEWER REPAIRS FOR THE ABALONE COVE SANITARY SEWER
SYSTEM
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AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
WILLIAMS PIPELINE CONTRACTORS, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made
and entered into on July 7, 2026, by and between the City of Rancho Palos Verdes, a California
municipal corporation (“City”) and Williams Pipeline Contractors, Inc., a California corporation
(“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, 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 Contractor 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. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” 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, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor 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
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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 Bid Documents.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” 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, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase “highest professional standards” shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.3 Compliance with Law.
Contractor 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 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor 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, Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
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wages. The Contractor 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 Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Workday. Contractor acknowledges that eight (8) hours
of labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and 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 Contractor 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
(1½) 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, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from any scheduled completion date set, but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
either by contract or by law, which pertain to the resolution of dispu tes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, 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 caused by City’s
own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall
not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered, and which may be necessary for the completion of the
work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good quality and free from an y
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an
additional one-year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the
removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall
be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
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such warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non -conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.9 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.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering, adding to or deducting from said work. No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one
hundred eighty (180) days; and does not materially affect the Work and which are not detrimental
to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater
increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
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(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time-consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may, in its sole and absolute
discretion, have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
1.11 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 Contractor
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 $1,500,000 (One Million Five Hundred Thousand Dollars) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
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 the contract retention; (iii) payment for time and materials based upon the
Contractor’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
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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 Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City’s
Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is
certifying compliance with all provisions of 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.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor to determine whether the work performed and expenses incurred are in compliance
with the provisions of this Agreement. Except as to any charges for work performed or expenses
incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor 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 that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubmission. Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
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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.
Contractor 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 Contractor, 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 Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Contractor 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 Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining
to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”).
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ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
Victor Hernandez _________ President ________________
Name Position
Brenda Hernandez _________ Secretary/CFO____________
Name Position
Rodolfo Hernandez ________ Vice President ____________
Name Position
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced, nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be David Copp, Public Works Deputy Director or such
person as may be designated by the City Manager. It shall be the Contractor’s responsibility to
assure that the Contract Officer is kept informed of the progress of the performance of the services
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and the Contractor 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 Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or otherwise or a joint venture or a member of any joint
enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. All subcontractors shall
obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including
from the City) as may be required by law for the performance of any services or work under this
Agreement. 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 Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement
of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts described
below and, in a form, satisfactory to City.
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(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted. Additional Insurance as referenced in Section 5.2(a) below shall provide coverage for
both ongoing and completed operations and shall provide for both a defense and indemnity of the
City.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $3,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
five (5) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Umbrella or excess liability insurance. Contractor shall obtain and maintain
an umbrella or excess liability insurance that will provide bodily injury, personal injury and
property damage liability coverage at least as broad as the primary coverages set forth above,
including commercial general liability and employer’s liability. Such policy or policies shall
include the following terms and conditions:
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall “follow form” to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
(f) Pollution liability insurance. Environmental Impairment Liability Insurance
shall be written on a Contractor’s Pollution Liability form, or other form acceptable to the City,
providing coverage for liability arising out of sudden, accidental and gradual pollution and
remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
policy as “covered operations.” The policy shall provide coverage for the hauling of waste from
the project site to the final disposal location, including non-owned disposal sites.
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(g) Builder’s risk insurance. Upon commencement of construction and with
approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire
duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage
shall include the coverages as specified below.
The named insureds shall be Contractor and City, including its officers,
officials, employees, and agents. All Subcontractors (excluding those solely responsible for design
Work) of any tier and suppliers shall be included as additional insureds as their interests may
appear. Contractor shall not be required to maintain property insurance for any portion of the
Project following transfer of control thereof to City. The policy shall contain a provision that all
proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a
fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the
completed value of the project. There shall be no coinsurance penalty or provisional limit provision
in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty
workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2)
coverage against machinery accidents and operational testing; (3) coverage for removal of debris,
and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all
other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent
rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by
the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value
of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or
supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value
of any property or equipment stored either on or off the Site or any staging area. Such insurance
shall be on a form acceptable to Agency to ensure adequacy of terms and sublimit and shall be
submitted to the Agency prior to commencement of construction.
(h) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
City shall be an additional insured on all subcontractor policies pursuant to Section 5.1 and Section
5.2 below.
(i) 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. Contractor shall provide additional insured
endorsements to City as evidence of the insurance coverage required herein, along with a waiver
of subrogation endorsement for workers’ compensation. Certificates of Insurance will not be
acceptable. Endorsements must be approved by City’s Risk Manager prior to commencement of
performance. Current Endorsements and Declarations pages 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. In the event the City makes such a request,
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Contractor shall immediately provide the requested policies and provide any such Privacy Act
release required by the City to Contractor’s insurers relative to policy information.
(b) Duration of coverage. Unless a longer or shorter term is specified herein
with respect to a specific type of insurance, Contractor shall procure and maintain for the duration
of this Agreement all of the insurance required by this Agreement.
(c) Products/completed operations coverage. Products/completed operations
coverage shall extend a minimum of three (3) years after project completion. Coverage shall be
included on behalf of the insured for covered claims arising out of the actions of independent
contractors. If the insured is using subcontractors, the Policy must include work performed “by or
on behalf” of the insured. Policy shall contain no language that would invalidate or remove the
insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy
shall specifically provide for a duty to defend on the part of the insurer. The City, its officials,
officers, agents, and employees, shall be included as additional insureds under the Products and
Completed Operations coverage.
(d) Primary/noncontributing. For insurance required by Section 5.1(a) and (b)
coverage provided by Contractor shall be primary and any insurance or self-insurance procured or
maintained by City shall not be required to contribute to 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 comply with the Proof of Insurance requirements of paragraph 5.2(a) and
must contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(e) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(f) 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.
(g) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
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(h) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(i) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(j) Notice of cancellation. Contractor 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.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. Commercial General Liability and Automobile
policies shall contain a severability of interests provision must apply for all additional insureds
ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall
not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Contractor, provide the same minimum insurance coverage and endorsements
required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with 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 Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
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specifications unless approved by City. Contractor shall be responsible for immediately satisfying
any deductible, retained limit or self-insured retention in order for the City to be afforded an
immediate defense.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies. City’s failure to promptly tender defense directly to any insurer shall not be considered
“voluntary” within the meaning of any insurer’s “voluntary payments” clause or similar provision.
No defense costs or indemnity obligation incurred by the City in any matter arising from or related
to Contractor’s acts or omissions in the performance of this Agreement shall be considered
“voluntary.”
(q) Additional kinds of insurance. Contractor shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor 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, eit her 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
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will upon tender of defense by the City, immediately
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.
Contractor expressly waives any contention that an immediate defense obligation does not arise
pursuant to any provision of the California Civil Code and/or Crawford v. Weathershield (2008)
44 Cal.4th 541, or its progeny.
(b) Contractor 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 Contractor hereunder; and Contractor 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 Contractor for such damages or other
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claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor 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.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate the provisions of this Section 5.3 in all indemnity
agreements with its subcontractors and if it fails to do so Contractor 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
Contractor in the performance of professional services and work 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 Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City,
the following:
(a) A performance bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance of this
Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of
this Agreement, in the form provided by the City Clerk, which secures the payment of all persons
furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor
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promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and
materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated “A” or better in the most recent edition
of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or 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
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk
Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to
an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise
as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
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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 3 years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records requ est is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor 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 Contractor, 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 Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials 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 Contractor will be at the City’s sole risk
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, 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
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
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Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor 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
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. 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 Contractor 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 Contractor’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.
(b) Dispute Resolution. This contract is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor, for the
response to such claims by the City, for a mandatory meeting and confer conference upon the
request of the Contractor, for mandatory non-binding mediation in the event litigation is
commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through
mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set
forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(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 Contractor’s acts or omissions in performing or failing to perform Contractor’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 Contractor, 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
Contractor 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 Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
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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 inj unctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a 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
this Agreement, the Contractor and its sureties shall be liable, in addition to any liquidated damages
pursuant to paragraph 5.2(b) above, for and shall pay to the City the sum of Seven Hundred Fifty
Dollars ($750) as liquidated damages for each working day of delay in the performance of any
service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City
may withhold from any monies payable on account of services performed by the Contractor any
accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be
assessed liquidated damages for delay in completion of the project when such delay was caused
by the failure of the public agency or owner of the utility to provide for removal or relocation of
utility facilities.
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 fourteen (14) days’ written notice to
Contractor, except that where termination is due to the fault of the Contractor, the period of notice
may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor
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 Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor 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 Contractor has initiated
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termination, the Contractor 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 Contractor.
If termination is due to the failure of the Contractor 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 Contractor 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 Contractor 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 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.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or
any successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
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8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City, or which would in any way hinder Contractor’s performance of services under
this Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, there shall be no discrimination against or segregation
of, any person or group of persons on account of race, color, creed, religi on, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 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 Boulevard, Rancho Palos Verdes, CA 90275 and in the
case of the Contractor, to the person at the address designated on the execution page of this
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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. All
correspondence relating to this Agreement shall be serialized consecutively.
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
Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterest” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
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EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all provisions of the
Agreement, and with the plans, specifications and other directions provided as part
of individual Task Orders executed for the project entitled Abalone Cove Sanitary
Sewer Rehabilitation (“the Project”) including any documents or exhibits referenced
therein.
II. The work shall proceed by Task or Phase (referred to as Task for convenience), the
scope of each of which will be provided by the City as soon as the parameters and
engineering design for each Task are completed by the City (including any of its
consultants), with input from the Contractor, the City’s geotechnical engineering
consulting firm, and the City’s geologist. The following process shall apply.
A. Each Task to be performed shall be set forth in a written request (“Request”)
provided by the City with a description of the work to be performed, and the time
desired for completion. All Tasks shall be carried out in conformity with all
provisions of this Agreement.
B. Following receipt of the Request, the Contractor shall prepare a “Task Proposal”
that includes the following components:
1. A written description of how the requested Task will be performed (“Task
Description”), including all components and subtasks required engineering,
and including any clarifications of the descriptions provided in the Request.
2. The costs to perform the task (“Task Budget”), including a detailed bid
schedule, to be developed using the critical path schedule methodology; and
based on agreed rates in Exhibit A-1, or as may otherwise be negotiated by
the parties.
3. The City may require a schedule for completion of a given task (“Task
Completion Schedule”), including a final completion date (“Task
Completion Date”).
4. Task Proposals, Task Budgets, and Task Completion Schedules shall be
developed while prior Tasks are in process, with the goal of continuous
construction on all phases of the Project.
C. The City shall approve the Task Proposal or require modifications in writing, and
the Contract officer shall issue a Notice to Proceed when a written agreement has
been reached on the Task Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget, provided that
unknown conditions discovered following commencement of work, which could
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have been discovered despite the Contractor’s due diligence, may be approved
pursuant to a change order.
E. Contractor shall complete the Task and deliver all deliverables to the City by the
Task Completion Date and in accordance with the Task Completion Schedule,
subject to any extension granted due to schedule impact generated by unknown
conditions discovered following commencement of work and approved pursuant to
a Change Order.
III. The Contractor will be considered one of multiple contractors (via separate contracts)
that may be engaged or utilized for the general scope of work specified herein. The
City will select a contractor for a specific Task based on one or more of the following
parameters:
A. The City’s selection of a contractor on a rotational list of on-call contractors while
endeavoring to assign work in a manner that is fair and equitable to all contractors.
B. The Contractor’s readiness to start the work within an appropriate timeframe.
C. The Contractor’s responsiveness to the City’s request for a Task Proposal.
D. The degree of success of negotiating the scope, budget and schedule of a given
Task.
E. The Contractor’s success in performing work under this Agreement.
IV. The City does not guarantee the issuance of a given Task or Tasks, or that the sum of
city-issued tasks will equal or exceed (by way of amendment or contract change order)
the not-to-exceed contract value.
V. Brief description of the work to be performed:
Contractor shall perform on-call repair and maintenance services as directed by the City
on a Task Order Basis and in accordance with the terms and conditions set forth in each
Task Order and this Agreement. As part of these services, the Contractor shall furnish all
labor, materials, equipment, tools, transportation and incidentals necessary to complete the
work in conformity with executed Task Orders and the contract documents. The general
scope of work shall include:
A. Removal and replacement of damaged sanitary sewer systems within the Abalone
Cove community.
B. Drainage improvements involving the repair or replacement of small-diameter
pipelines.
VI. In addition to the requirements of Section 6.2 and any other requirements included in a
Task, during performance of the work, Contractor will keep the City apprised of the status
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of performance by delivering daily and weekly logs of work performed and updated
performance schedules as further required in a Task.
VII. All work is subject to review and acceptance by the City and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
VIII. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is hereby amended as follows (deletions shown in strikethrough and additions
shown in bold italics):
1. Section 1.2, “Bid Documents,” is replaced with the following:
The Scope of Work shall include all provisions provided herein, including all
exhibits, the “General Provisions” and “Special Provisions” in the bid documents for the
project entitled Abalone Cove Sanitary Sewer Rehabilitation (the “Project”) including any
documents or exhibits referenced therein (collectively, “bid documents”), all of which are
incorporated herein by this reference. In the event of any inconsistency between the terms
of the bid documents and this Agreement, the terms of this Agreement shall govern.
2. Section 1.4, “Compliance with California Labor Law,” is amended to add a new
Subsection (j), as follows:
(j) Registration with DIR. Pursuant to Labor Code section 1771.1,
Contractor and all subcontractors must be registered with, and pay an annual fee to, the
DIR prior to and during the performance of any work under this Agreement.
3. Section 1.7, “Protection and Care of Work and Materials,” is replaced with the following:
The Contractor shall adopt reasonable methods in light of the land movement
conditions where the work will occur, including providing and maintaining storage
facilities, during the life of 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 caused by City’s own negligence. Stored materials shall be reasonably accessible for
inspection. Contractor shall not, without City’s consent, assign, sell, mortgage,
hypothecate, or remove equipment or materials which have been installed or delivered, and
which may be necessary for the completion of the work.
4. Section 1.8, “Warranty,” is replaced with the following:
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and
any non-conforming materials incorporated into the work) to be of good quality and free
from any defective or faulty material and workmanship. Materials, equipment, or work
product damaged by land movement shall not be subject to the warranty provisions of
this section, so long as such materials, equipment, or work product were not defective at
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the time they were installed or completed. Contractor agrees that for a period of one year
(or the period of time specified elsewhere in the Agreement or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the
work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the work or
non-conformance of the work to the Agreement, commence and prosecute with due
diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense.
Contractor shall act as soon as requested by the City in response to an emergency. In
addition, Contractor shall, at its sole cost and expense, repair, remove and replace any
portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor's obligation hereunder to correct defective work shall be reinstated
for an additional one-year period, commencing with the date of acceptance of such
corrected work. Contractor shall perform such tests as the City may require to verify that
any corrective actions, including, without limitation, redesign, repairs, and replacements
comply with the requirements of the Agreement. All costs associated with such corrective
actions and testing, including the removal, replacement, and reinstitution of equipment and
materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect to
any portion of the work, whether express or implied, are deemed to be obtained by
Contractor for the benefit of the City, regardless of whether or not such warranties and
guarantees have been transferred or assigned to the City by separate agreement and
Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or
under any other warranty or guaranty under this Agreement, to the reasonable satisfaction
of the City, the City shall have the right to correct and replace any defective or
non-conforming work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully
reimburse the City for any expenses incurred hereunder upon demand.
5. Subsection (c) of Section 5.1, “Insurance,” is hereby waived.
5. Subsection (c) of Section 5.3, “Indemnification,” is replaced with the following:
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor 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 Contractor hereunder, Contractor 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, in cluding but not
limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent
rights, copyrights or trademark on any person or persons in consequence of the use by the
Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of
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which the Contractor is not the patentee or assignee or has not the lawful right to sell the
same.
Contractor shall incorporate the provisions of this Section 5.3 in all indemnity
agreements with its subcontractors and if it fails to do so Contractor 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 Contractor in the performance of professional services
and work 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 Contractor and shall survive termination of this Agreement.
Contractor’s duty to indemnify and hold harmless shall not extend to any impact
that the Contractor’s operations may have on the land movement, except to the extent
such impacts are due to the negligence of Contractor.
6. Section 5.5, “Performance and Labor Bonds,” is replaced with the following:
Concurrently with execution of this Agreement Contractor shall deliver to the City,
the following:
(a) A performance bond in the initial amount of twenty percent (20%)
of the Contract Sum of this Agreement, in the form provided by the City
Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the initial amount of twenty percent
(20%) of the Contract Sum of this Agreement, in the form provided by the
City Clerk, which secures the payment of all persons furnishing labor and/or
materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto
shall be a certified and current copy of his power of attorney. The bond shall be
unconditional and remain in force during the entire term of the Agreement and shall be null
and void only if the Contractor promptly and faithfully performs all terms and conditions
of this Agreement and pays all labor and materials for work and services under this
Agreement. Concurrent with the issuance of any Task Order, as further described in Exhibit
A and Exhibit D of this Agreement, Contractor shall provide a bond rider to the
performance bond and a bond rider to the labor and materials bond if the Task Budget of
the Task Order, when added to the Task Budget of all Task Orders previously issued to
Contractor under this Agreement (if any), exceeds the amount secured under the bonds
B-34
01203.0023 2076571.1 B-4
provided by Contractor under this Section (along with any bond riders previously supplied
by Contractor under this Agreement). The bond riders shall be in a form acceptable to the
City and shall be in an amount sufficient to secure the total, cumulative va lue of all Tasks
issued by City to Contractor.
7. Section 7.7, “Liquidated Damages,” is replaced with the following:
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach
of this Agreement, the Contractor and its sureties shall be liable,, in addition to any
liquidated damages pursuant to paragraph 5.2(b) above, for and shall pay to the City the
sum of Five Hundred Dollars ($500) as liquidated damages for each working day of delay
in the performance of any service required hereunder, as specified in the Schedule of
Performance (Exhibit “D”) and the schedule included in any Task Order, on a Task Order
basis. The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages. Pursuant to Government Code Section
4215, Contractor shall not be assessed liquidated damages for delay in completion of the
project when such delay was caused by the failure of the public agency or owner of the
utility to provide for removal or relocation of utility facilities. Liquidated damages will be
capped at five percent (5%) of each affected task order amount, as that am ount may be
updated.
B-35
01203.0023 2076571.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
(Continued on next page)
B-36
01203.0023 2076571.1 C-2
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal
(Exhibit “E”)
II. Effective July 1 of each calendar year during the term of this Agreement, the labor rates
specified herein shall be subject to adjustment to reflect the most current prevailing wage
rates as established by the Director of the California Department of Industrial Relations,
pursuant to Section 1770 et seq. of the California Labor Code for County of Los Angeles.
Any such adjustment shall be contingent upon the Contractor’s submission of a written
request for rate modification provided to the City no later than five (5) business days after
July 1, accompanied by adequate documentation substantiating the applicable prevailing
wage changes. Said request shall be subject to the prior written approval of the Contracting
Officer or their authorized designee. No adjustment to labor rates shall be deemed effective
until approved in writing by the Contracting Officer. The Contractor shall not be entitled
to any retroactive compensation for work performed prior to such approval.
III. Prices for materials furnished under this Contract shall be determined by prevailing local
market rates at the time of purchase. The City shall be invoiced the actual cost incurred by
the Contractor for such materials, including all applicable freight charges and sales tax,
plus a fifteen percent (15%) markup, consistent with Standard Specifications for Public
Works Construction (“Greenbook”). All invoices submitted for payment shall be
accompanied by itemized receipts or supplier invoices clearly evidencing the actual prices
paid by the Contractor. Failure to provide such documents shall be grounds for withholding
payment for the associated materials until it is furnished.
IV. With respect to each completed Task, a retention of five percent (5%) may be held
from each respective payment as a contract retention to be paid upon satisfactory
completion of services and the Contractor has requested release of the retention in
writing.
V. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item’s subbudget to another so long as
the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved
per Section 1.10.
VI. The City will compensate Contractor 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 including itemized receipts or supplier invoices with actual
prices paid by the Contractor.
C. Line item for all equipment properly charged to the Services.
D. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
B-37
01203.0023 2076571.1 C-3
E. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
VII. The total compensation for the Services shall not exceed the amount as provided in
Section 2.1 of this Agreement.
B-38
01203.0023 2076571.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work (the sum of City-issued Task Orders) within the
durations specified in the Agreement and supplemented by individual Task Orders
starting from the date(s) of the Notice(s) to Proceed in each respective Task Order.
II. Contractor shall deliver tangible work products to the City by the deadlines specified in
the Agreement, as supplemented by City-issued Task Orders.
III. This agreement shall continue in full force through June 30, 2027. The City may, in its
discretion, extend the Term by one additional one (1)-year term, in accordance with Section
3.2.
B-39
01203.0023 2076571.1 D-2
EXHIBIT “E”
CONTRACTOR STATEMENT OF QUALIFICATIONS
[CONTINUED ON NEXT PAGE]
B-40
1. Company Overview
Company Name: Williams Pipeline Contractors, Inc
Founded: 1972
Office Location: 10200 Sepulveda Blvd Ste 255, Mission Hills, CA 91345
Company Type: Public Works Utilities Construction
Phone: 805-386-2393
About Us
Underground utility construction services in LA County, Ventura County, and Orange County.
Installation of new and repairs of the sanitary sewer system, water mains systems, and storm
drainage systems.
2. Mission & Core Values
Mission Statement
Provide high-quality workmanship, maintain a safe environment, and ensure customer
satisfaction.
Core Values
Safety First
Quality Workmanship
Integrity & Accountability
Innovation & Efficiency
Environmental Responsibility
3. Core Services
Underground Utility Construction
B-41
Water mains and service connections
Sanitary sewer systems
Stormwater drainage systems
Additional Capabilities
Trenching & excavation
Road pavement (asphalt & concrete)
Manhole and catch basin installations
Emergency & Maintenance Services
Water main breaks
Sewer main repair
Sewer blockages
Repairs and rehabilitation
4. Industries & Clients Served
Municipalities
Utility authorities
5. Project Experience
See attached references
6. Safety Commitment
Safety Commitment
Certifications / Safety Standards
OSHA T1 annual trench/excavation permit
Confined space certification
Trenching & shoring training
First aid/CPR certification
Environmental protection procedures
B-42
7. Equipment & Fleet
Excavators (3)
Backhoes (6)
Skid steers (3)
Dump trucks (6)
Paving ride on rollers 3-5 tons (3)
Walk behind roller (4)
Utility trucks (5)
Heavy equipment hauler tractor & trailer (1)
Equipment trailers (3)
8. Organizational Structure
Staff Overview:
1. Superintendent (1)
2. Field crew foreman/operator (4)
3. Laborers (20)
4. Project managers (1)
5. Safety officers (1)
B-43
Williams Pipeline References
Job #492 ESR at W. 34th and Trousdale City of Los Angeles
12/31/15 to 1149 S. Broadway
1/22/2016 Los Angeles, CA 90015
$345,710.46 Jon Delkhaste 213-847-1911
Less than 18"
Job #518 Concord Street R/W City of Los Angeles
9/2/16 to 1149 S. Broadway
10/20/2016 Los Angeles, CA 90015
590 Burbank Burbank Water and Power
585 Downey Capital Improvement Project No. 1621 City of Downey Department of Public Works
592 Downey-Old River School Rd to West City Limits City of Downey
100% complete
Less than 18"
606 Whittier - Whittier Marketplace City of Whittier
10/5/18 to 3/28/2019 13230 Penn Street
$1,136,000.00 Whittier, CA 90602
Water Improvement 562.567.9501
100% complete
Less than 18"
605 El Segundo-Cedar St & Walnut Ave City of El Segundo
10/1/18 to 10/5/2019 350 Main Street
$607,125.57 El Segundo, CA
Water Improvement Arianne Bola 310-524-6324
100% complete
Less than 18"
614 Fullerton - El Rancho Vista City of Fullerton
2/25/19 to 11/14/2019 303 West Commonwealth Ave
$3,032.000.00 Fullerton, CA 92832
Water Improvement Tiffany Foo 714-738-6321
100% Complete
Less than 18"
618 Lomita-Walnut Street Water Main City of Lomita
5/29/19 to 12/2019 24300 Narbonne Ave
$1,460,000.00 Lomita, CA 90717
Water Improvement Mondheir Saied 310-325-7110 x 110
100% Complete
Less than 18"
627 WD-19-08 Washington from El Molino to Hill City of Pasadena
2.1.2020 to 9.26.2020 100 N. Garfield Ave, S228
$1,714,095.00 P.O. Box 7115
100% Complete Pasadena, CA 91109
Water Improvement
Less than 18"
633 Leland Way Sewer Project City of Burbank 818-238-3915
11/14/19 to 2/28/2020 Department of Public Works
$669,209.00 150 N 3rd Street
Sewer Improvement Burbank, CA 91502
100% Complete Stephen Walker 818-238-3804
Less than 18"
635 Encinal Canyon Water Systems Improvement Project County of Los Angeles 626.792.0616
1/27/2020 to 7/31/2020 Department of Public Works
$2,005,235.00 900 S. Freemont
90% performed with own forces Alahambra, CA (626) 300-3318
Less than 18"Eddie Maguino
636 LA County-PCH and Shore Drive 900 S. Freemont
2/14/2020 to 2/19/2020 Alhambra, CA
B-44
$72,643.12 Lisset Cardenas 626.300.3384
Less than 18"
640 Whittier 19-003 High Pressure Area 2A City of Whittier
9/14/2020-4/23/2021 13230 Penn Street
$2,696,560.00 Whittier, CA 90602
100% complete Lucila Martinez 562-567-9526
90% performed with own forces
Less than 18"
641 Downey-Miscellaneous Project No. 346 - Coldbrook, Corrigan, and Vultee Avenue Water System Repair ProjectCity of Downey
$37,500.00 11111 Brookshire Ave
100% Complete Downey, CA 90241
90% performed with own forces Lorena Powell 562-302-3845
Less than 18"
642 LA County Emergency Lancster 36" Pipe County of Los Angeles
100 % Complete Department of Public Works
$17,459.00 900 S. Freemont
Less than 18"Alahambra, CA
Lisset Cardenas (626) 300-3384
643 Downey Paramount Emergency 12202 City of Downey
$21,956.82 11111 Brookshire Ave
100% Complete Downey, CA 90241
90% performed with own forces Lorena Powell 562-302-3845
Less than 18"
644 Belco Job No. 14-052
Sewer Point Repair Burbank/Federick/ Wyoming Elecnor Belco Electric
$29,560 14320 Albers Way
100% Complete Chino, CA 91710
Less than 18"(909)993-5470
645 Capital Improvement Project 21-16 Wilderness Park Sewer Improvements
2/5/2021 to 3/12/2021 City of Downey
$154,950.00 11111 Brookshire Ave
100% Complete Downey, CA 90241
Less than 18"Lorena Powell 562-302-3845
646 Downey - CIP No. 20-34 Florence Avenue Water Systems improvements
2/19/2021 to 10/1/2021 City of Downey
$2,093,960.00 11111 Brookshire Ave
100% Complete Downey, CA 90241
Less than 18"Lorena Powell 562-302-3845
648 Storm Drain Replacement at Savage Canyon
3/12/21 to 4/9/21
$21,400.00
100% Complete
649 Downey - 3rd Street Sewer Spot Repair
3/26/2021 to 4/9/2021 City of Downey
$16,400.00 11111 Brookshire Ave
100% Complete Downey, CA 90241
Less than 18"Lorena Powell 562-302-3845
650-1 PW19-16 On-Call Water System Repair LA County
9/30/2020 to 9/30/2020 900 S. Freemont
$6,748.72 Alhambra, CA
100% Complete Lisset Cardenas 626.300.3384
650-2 El Segundo Water Emergency El Segundo Blvd LA County
4/9/2021 to 4/16/2021 900 S. Freemont
$18,474.28 Alhambra, CA
100% Complete Lisset Cardenas 626.300.3384
651 Burbank Sewer Emergency City of Burbank
4/16/2021 to 4/16/2021 Department of Public Works
$5,881.05 150 N 3rd Street
100% Complete Burbank, CA 91502
Stephen Walker 818-238-3804
652 El Segundo Sewer Emergency Loma Vista Drive City of El Segundo
4/30/2021 to 4/30/2021 350 Main Street
$4,773.10 El Segundo, CA
100% Complete Arianne Bola 310-524-6324
653 L.A. County - Industry Dr.LA County
6/25/2021 to 7/9/2021 900 S. Freemont
$30,783.56 Alhambra, CA
100% Complete Lisset Cardenas 626.300.3384
654 El Segundo - Grand Ave City of El Segundo
6/25/2021 to 7/23/2021 350 Main Street
$14,099.16 El Segundo, CA
B-45
100% Complete Arianne Bola 310-524-6324
655 L.A. County - Temescal Cyn LA County
6/25/2021 to 7/23/2021 900 S. Freemont
$99,936.80 Alhambra, CA
100% Complete Lisset Cardenas 626.300.3384
656 LA City - Lake Shore Ave 1600 Block City of LA
7/09/2021 to 11/15/2021 1149 S. Broadway
$16,811.46 Los Angeles, CA 90015
100% Complete Danny Morales 213-847-0304
Reconstruct MH Channel Base, Lateral Launch
657 City of Downey - CIP No. 21-12 3rd St City of Downey
8/13/2021 to 10/15/2021 11111 Brookshire Ave
$495,080.00 Downey, CA 90241
$100 Complete Janet Ortega 562-904-7110
658 LA City - Argyle Ave 2000 Block City of LA
10/8/2021 to 10/8/2021 1149 S. Broadway
$9,657.73 Los Angeles, CA 90015
100% Complete Danny Morales 213-847-0304
Lateral Launch Root Intrusion
659 City of Downey - MP No. 347 City of Downey
8/13/2021 to 9/10/2021 11111 Brookshire Ave
$58,700.00 Downey, CA 90241
$100 Complete Janet Ortega 562-904-7110
661 City of Downey - 4th & Myrtle St City of Downey
8/6/2021 to 6/21/2021 11111 Brookshire Ave
$6,000 Downey, CA 90241
100% Complete Janet Ortega 562-904-7110
662 LA City - Bleeker Street City of LA
9/24/2021 to 10/1/2021 1149 S. Broadway
$19,811.15 Los Angeles, CA 90015
100% Complete Abhiman Hennadige 213-923-4552
663 City of Brea Country Hills Pavement and Improvements City of Brea
10/8/2021 to 1 Civic Center Cir
$4,791,264.52 Brea, CA 92821
100% Complete Raymond Contreras 714-671-4411
Less than 18"
667 City of Downey MP348 Woodruff and Smallwood City of Downey
10/8/2021 to 11/15/2021 11111 Brookshire Ave
$65,000.00 Downey, CA 90241
100% Complete Janet Ortega 562-904-7110
8" PVC
671 City of Downey MP356 Valve Repair City of Downey
11/12/2021 to 11/19/2021 11111 Brookshire Ave
$39,300.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
Less than 18"
675 City of Downey MP356 Valve Repair City of Downey
1/21/2022 to 3/4/2022 11111 Brookshire Ave
$49,950.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
Less than 18"
676 City of Downey MP356 Valve Repair City of Downey
1/21/2022 to 3/11/2022 11111 Brookshire Ave
$49,900.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
Less than 18"
677 City of LA ESR Greenfiled Ave(2300 Block)City of LA
3/18/2022 to 1149 S. Broadway
$55,193.94 Los Angeles, CA 90015
100% Complete Danny Morales 213-847-0304
8" VCP
678 City of Downey 8104 Firestone Blvd City of Downey
1/28/2022 to 3/11/2022 11111 Brookshire Ave
$29,500.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
Less than 18"
682 City of Downey MP361 Well No. 2 Pump City of Downey
3/4/2022 to 3/11/2022 11111 Brookshire Ave
$45,000.00 Downey, CA 90241
100% Complete Lorena Powel 562-302-3845
Less than 18"
B-46
683 City of Burbank Lake Street 2022 City of Burbank
6/3/2022 to 9/30/22 Department of Public Works
$2,281,814 150 N 3rd Street
Sewer Improvement Burbank, CA 91502
100% Complete Stephen Walker 818-238-3804
12" VCP
684 Whittier 21-017 Transmission Valve Replacement 2022 City of Whittier
5/20/22 to 9/2/2022 13230 Penn Street
$178,000.00 Whittier, CA 90602
100% complete Lucila Martinez 562-567-9526
8" PVC
693 City of Downey Mp362 Stoakes Ave Water Service Repairs 2022 City of Downey
4/22/2022 to 6/10/2022 11111 Brookshire Ave
$42,000.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
1" Potable Water Service
694 LA City ESR Liberty Street (1300 Block) 2022 City of LA
4/20/2022 to 6/3/2022 1149 S. BroadwaySuite 700
$50,000 Los Angeles, CA 90015
100% Complete Jack Baisley 213-485-1187
8" VCP
695 City of Downey MP363 Florence Ave 2022 City of Downey
5/20/2022 to 5/27/2022 11111 Brookshire Ave
$49,500.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
2" Potable Water Service
696 LA City ESR Idell (3300 Block) 2022 City of Los Angleles
5/16/2022 to 5/27/2022 1149 S. Broadway Suite 700
$49,500.00 Los Angeles, CA 90241
100% Complete Armen Dermenjian 213-485-1682
R/R MH frame and cover
697 LA City ESR Idell City Street (2600 Block) 2022 City of Los Angeles
6/3/2022 to 9/30/2022 1149 S. Broadway Suite 700
$40,000.00 Los Angeles, CA
100% Complete Aremen Dermenjian 213-485-1682
8" VCP
698 LA City Speedway (6600 Block)City of Los Angeles
7/1/2022 to 9/30/2022 1149 S Broadway Suite 700
$34,511.88 Los Angeles, CA 90015
100% Complete David Calderon 213-847-0304
8" VCP
699 LA City ESR Glendale Blvd (2100 Block) 2022 City Of Los Angeles
9/1/2022 to 9/1/2022 1149 S. Broadway
$25,000.00 Los Angeles, CA
100% Complete Danny Morales 213-847-1911
Reconstruct MH channel base
700 LA City ESR Balmer Dr (200 Block) 2022 City of Los Angeles
8/17/2022 to 10/3/2022 1149 S. Broadway Suite 700
$19,638.14 Los Angeles, CA
100% Complete David Calderon 213-564-7106
8" VCP
701 LA City ESR Mckinley 2022 City of Los Angeles
9/9/2022 to 9/9/2022 1149 S. Broadway Suite 700
$5,050.77 Los Angeles, CA 90015
100% Complete Danny Morales 213-923-4934
Remove MH Cover
702 LA County Water Emergency 20621 Cheney Dr 2022 LA County
5/20/2022 to 5/27/2022 900 S. Freemont
$89,594.11 Alhambra, CA
100% Complete Lisset Cardenas 626.300.3384
8" Steel Pipe
703 City of Downey CIP 21-14 Cole Street 2022 City of Downey
9/16/2022 to 10/12/22 1111 1 Brookshire Ave
$299,990.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
8" PVC
704 City of Downey MP364 Well No.30 2022 City of Downey
9/16/2022 to 10/13/2022 1111 1 Brookshire Ave
$90,000 Downey, CA 90241
100% Complete Lorena Powel 562-302-3845
12" Water Main
B-47
705 Whittier 21-024 Sunset Water Main Replacement 2022-2023 City of Whittier
9/14/2022 to 1/20/2023 13230 Penn Street
$604,750.00 Whittier, CA 90602
100% complete Lucila Martinez 562-567-9526
8" PVC
706 LA City ESR Marmion Way 2022 City of Los Angeles
9/30/2022 to 10/3/2022 1149 S. Broadway Suite 700
Pending Construction Order Los Angeles, CA
100% Complete David Calderon 213-847-0304
MH Frame and cover
707 LA City EDSR Lompoc Street Szs11882 2022 City of Los Angeles
9/30/22 to 10/21/22 1149 S. Broadway Suite 700
$38,500.00 Los Angeles, CA
100% Complete David Calderon 213-847-0304
MH Frame and Cover
708 LA City ESR Pebble Beach Pl (19000 Block) 2022 City of Los Angeles
9/23/2022 to 10/7/2022 1149 S. Broadway Suite 700
$40,000 Los Angeles, CA
100% Complete David Calderon 213-847-0304
8" VCP
709 City of El Segundo Mariposa & Illinois Ct 2022 City of El Segundo
9/16/2022 to 9/30/2022 350 Main Street
$29,797.65 El Segundo, CA
100% Complete Arianne Bola 310-524-6324
8" VCP
710 LA City 54th St (2300 Block) 2022 City of Los Angeles
9/16/2022 to 10/7/22 1149 S. Broadway Suite 700
$50,000 Los Angeles, CA
100% Complete David Calderon 213-847-0304
Broken Gas Trap
711 LA City ESR Mona Blvd (11500 Block) 2022 City of Los Angeles
10/28/2022 to 12/16/2022 1149 S. Broadway Suite 700
$75,000 Los Angeles, CA
100% Complete David Calderon 213-847-0304
8" VCP
712 LA City Redondo Blvd(2900 Block) 2022 City of Los Angeles
10/24/22 to 10/26/22 1149 S. Broadway Suite 700
$85,980.45 Los Angeles, CA
100% Complete David Calderon 213-847-0304
6" VCP
713 City of Beverly Hills Coldwater Canyon 2023-2024 City of Beverly Hills
2/8/2023 to 4/5/2024 455 N Rexford Dr
$7,461,230 Beverly Hills, CA 90210
100%Samer Elayyan 310-285-2524
6", 8", 12", 14" DIP
714 LA County PCH Malibu 2023 LA County
11/14/22 to 11/21/22 900 S. Freemont
$185,250.75 Alhambra, CA
100% Complete Lisset Cardenas 626.300.3384
30" Water Main Repair
715 City of El Segundo Sheldon St 2023 City of El Segundo
12/16/22 to 12/23/22 350 Main Street
$40,485.03 El Segundo, CA
100% Complete Arianne Bola 310-524-6324
8" VCP
716 City of Downey MP365 Paramount Boulevard Springer St to Melvea st 2023 City of Downey
12/23/22 to 12/30/22 1111 1 Brookshire Ave
$49,500 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
4" Water Main
717 LA County Bora Bora Way Marina Del Rey 2023 LA County
12/13/22 to 12/17/22 900 S. Freemont
$58,207.70 Alhambra, CA
100% Complete Lisset Cardenas 626.300.3384
10" DIP
718 Downey MP366 Downey Ave to Priscilla Ave 2023 City of Downey
12/21/2022 to 1/9/2023 1111 1 Brookshire Ave
$49,500 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
719 LA City Morrison St (15300 Block) SWC07628 2023 City of Los Angeles
12/30/2022 to 1/31/2023 1149 S. Broadway Suite 700
$56,894.84 Los Angeles, CA
B-48
100% Complete Alice Nguyen 213-847-2035
10" VCP
720 City of Downey CIP No.22-13 Paramount Blvd to Civic Center Dr 2023 City of Downey
1/11/22 to 8/4/23 1111 1 Brookshire Ave
$1,815,085 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
6" & 8" DIP
721 LA City ESDR Eubank Ave 2023 City of Los Angeles
1/18/2023 to 6/1/2023 1149 S. Broadway Suite 700
$43,893 Los Angeles, CA
100% Complete Hugo Rico 213-923-4930
72" SD CMP
722 LA City ESR Crane Blvd (500 N Block) 2023 City of Los Angeles
1/15/2023 to 1/15/2023 1149 S. Broadway Suite 700
$6,148.27 Los Angeles, CA
100% Complete Armen Dermenjian 213-485-1628
CCTV entire reach
723 LA City ESR 6th Ave (5700 Block) 2023 City of Los Angeles
2/8/2023 to 2/10/2023 1149 S. Broadway Suite 700
$10,605.12 Los Angeles, CA
100% Complete Danny Morales 213-923-4934
8" VCP
724 LA City Tribune St (18000 Block) 2023 City of Los Angeles
3/6/2023 to 5/19/2023 1149 S. Broadway Suite 700
$31,548.94 Los Angeles, CA
100% Complete David Calderon 213-847-0304
8" VCP
725 Downey CIP No. 23-19 6th St Western to La Reina Ave 2023 City of Downey
6/30/2023 to 8/25/2023 1111 1 Brookshire Ave
$253,960.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
8" PVC
726 LA City ESR - East E St (500 Block) 2023 City of Los Angeles
3/17/2023 to 4/6/2023 1149 S. Broadway Suite 700
$8,677.50 Los Angeles, CA
100% Complete Alice Nguyen 213-847-2023
MH Frame and Cover
727 Downey CIP No. 23-21 Stamps Rd 2023 City of Downey
6/30/2023 to 8/25/2023 1111 1 Brookshire Ave
$357,400.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
8" PVC
728 LA City Palms Ave (1900 Block) 2023 City of Los Angeles
3/17/2023 to 4/6/2023 1149 S. Broadway Suite 700
$27,946.84 Los Angeles, CA
100% Complete David Calderon 213-847-0304
Raise MH lids to grade
729 LA City ESDR W 3611 Cadman Dr 2023 City of Los Angeles
5/11/2023 to 9/20/2023 1149 S. Broadway Suite 700
$77,955.36 Los Angeles, CA
100% Complete Hugo Rico 213-923-4930
12" CMP
730 LA City ESR Dobinson St (2000 Block) 2023 City of Los Angeles
5/30/2023 to 5/31/2023 1149 S. Broadway Suite 700
$7,427.44 Los Angeles, CA
100% Complete David Lopez 213-485-4674
Remodel MH Channel Base
731 LA City ESR Ostrom Ave (11000 Block) 2023 City of Los Angeles
5/19/2023 to 8/3/2023 1149 S. Broadway Suite 700
$40,205.69 Los Angeles, CA
100% Complete Mark Jiang 213-847-5657
8" VCP
732 Downey Ojos Locos 2023 City of Downey
6/1/2023 to 7/20/2023 1111 1 Brookshire Ave
$94,500.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
4" CML DIP
733 Downey MP No. 368 Brookshire Ave 2023 City of Downey
6/2/2023 to 7/6/2023 1111 1 Brookshire Ave
$49,000.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
8" & 12" GV
B-49
734 Downey MP No. 368 Brookshire Ave 2023 City of Downey
6/1/2023 to 6/22/2023 1111 1 Brookshire Ave
$49,500.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
8" GV
735 LA City ESR Alabama Ave (21000 Block) 2023 City of Los Angeles
7/31/2023 to 8/7/2023 1149 S. Broadway Suite 700
Payment Pending Los Angeles, CA
100% Complete Mark Jiang 213-847-5657
12" VCP
736 LA City ESR Lachman Ln (1000 Block) 2023 City of Los Angeles
7/31/2023 to 8/7/2023 1149 S. Broadway Suite 700
Payment Pending Los Angeles, CA
100% Complete Mark Jiang 213-847-5657
12" VCP
737 LA City ESR N. Mission Blvd (750 Block) 2023 City of Los Angeles
6/13/23 to 7/24/23 1149 S. Broadway Suite 700
Payment Pending Los Angeles, CA
100% Complete David Lopez 213-485-4674
Backfill sinkhole
738 Downey CIP No. 23-29 Firestone Blvd at Lakewood Blvd 2023-2024 City of Downey
7/26/2023 to 2/13/2024 1111 1 Brookshire Ave
$2,662,280.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
6", 8", 12" CML DIP
739 LA City ESR Perdue Ave (3500 Block) 2023 City of Los Angeles
7/11/2023 to 7/17/2023 1149 S. Broadway Suite 700
Payment Pending Los Angeles, CA
100% Complete Jack Baisley 213-847-1215
8" VCP
740 Whittier Emergency Pickering Ave 2023 City of Whittier
7/25/2023 to ongoing 13230 Penn Street
$308,000.00 Whittier, CA 90602
100% Complete Lucila Martinez 562-567-9526
24" CML&C Steel Pipe
741 LA City ESDR Rigali Ave 2023 City of Los Angeles
8/3/2023 to 8/25/2023 1149 S. Broadway Suite 700
$20,507.36 Los Angeles, CA
100% Complete Hugo Rico 213-923-4930
8" VCP
742 LA City ESR S Avondale Ave 2023 City of Los Angeles
8/3/2023 to 8/25/2023 1149 S. Broadway Suite 700
$37,730.83 Los Angeles, CA
100% Complete David Lopez 213-485-4647
8" VCP
743 El Segundo Maple and Douglas 2023 City of El Segundo
9/25/2023 to 9/28/2023 350 Main Street
$57,862.10 El Segundo, CA
100% Complete Arianne Bola 310-524-2364
Valve Can installation
744 LA City ESR Golden Ave (9000 Block) 2023 City of Los Angeles
8/3/2023 to 8/25/2023 1149 S. Broadway Suite 700
$95,000.00 Los Angeles, CA
100% Complete Armen Dermenjian 213-485-1682
8" VCP
745 LA City - Evergreen Ave (800 Block) 2023 City of Los Angeles
10/5/2023 to 10/20/2023 1149 S. Broadway Suite 700
$87,203.54 Los Angeles, CA
100% Complete David Calderon 213-847-0304
8" VCP
746 ESR - CASTILIAN DRIVE (2000 N. BLOCK) 2023 City of Los Angeles
9/14/2023 to 9/14/2023 1149 S. Broadway Suite 700
$8,374.32 Los Angeles, CA
100% Complete Armen Dermanjian 213-485-1682
8" VCP
747 Whittier - Water Main Repair Tugus Street 2023 City of Whittier
10/23/2023 to10/23/23
$10,789.16 Whittier, CA 90602
100% Complete Lucila Martinez 562-567-9526
32" WM
748 ESR - MANHATTAN PLACE (800 S. BLOCK) 2024 City of Los Angeles
B-50
11/16/23 to 2/12/24 1149 S. Broadway Suite 700
$11,712.86 Los Angeles, CA
100% Complete Armen Dermanjian 213-485-1682
6" VCP
749 ESR - CHEROKEE AVENUE (1800 BLOCK) 2024 City of Los Angeles
1/18/24 to 5/3/24 1149 S. Broadway Suite 700
$120,755.04 Los Angeles, CA
100% Complete Christopher Rocha 213-482-7056
8" VCP
750 Whittier -Penn Street Savage Canyon Landfill Pump Station Improvements 2023 City of Whittier
11/13/2023 to 11/16/2023
$17,090.53 Whittier, CA 90602
100% Complete Lucila Martinez 562-567-9526
8" DIP
751 ESDR - 1121 W 79th Street 2023 City of Los Angeles
11/29/23 to 12/7/23 1149 S. Broadway Suite 700
$12,500.00 Los Angeles, CA
100% Complete Alice Nguyen 213-847-2035
Remove and Replace Culvert Covers
753 Pasadena Bellefontaine and Glenarm St 2024 City of Pasadena
4/8/2024 to 9/26/2024
$2,520,519.78 P.O. Box 7115
100% Complete Pasadena, CA 91109 562-567-9526
6",8",12" & 16" DIP
754 ESR - 39TH PL (1100 BLOCK) 2024 City of Los Angeles
1/17/24 to 2/26/24 1149 S. Broadway Suite 700
$34,995.81 Los Angeles, CA
100% Complete Christopher Rocha 213-482-7056
8" VCP
756 ESR - ARLINGTON AVENUE (4100 BLOCK) 2024 City of Los Angeles
1/8/24 to 1/24/24 1149 S. Broadway Suite 700
$139,063.01 Los Angeles, CA
100% Complete Armen Dermanjian 213-485-1682
8" VCP
757 ESR -Dona Maria (3219 Block) SWC07690 2024 City of Los Angeles
2/26/24 to 4/19/24 1149 S. Broadway Suite 700
$67,892.26 Los Angeles, CA
100% Complete Christopher Rocha 213-482-7056
8" VCP
758 DOWNEY EMERGENCY - IMPERIAL HWY & ARVIS WM EMERGENCY 2024 City of Downey
1/30/24 to 2/12/24 1111 1 Brookshire Ave
$25,936.51 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
12" DIP
759 ESR - Berendo St. (1700 Block) SWC07706 2024 City of Los Angeles
2/27/24 to 3/27/24 1149 S. Broadway Suite 700
$45,327.24 Los Angeles, CA
100% Complete Mark Jiang 213-847-5657
8" VCP
760 ESDR - 4946 RUBIO AVE 2024 City of Los Angeles
2/4/24 to 11/12/24 1149 S. Broadway Suite 700
$98,207.50 Los Angeles, CA
100% Complete Hugo Rico 213-485-4564
12" CMP
762 DOWNEY MISC WATER SERVICE REPLACEMENT OLD RIVER RD 2024 City of Downey
3/8/24 to 3/29/24 1111 1 Brookshire Ave
$44,250.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
4" DIP
764 - DOWNEY EMERGENCY LAKEWOOD BLVD AND 5TH ST 2024 City of Downey
3/11/24 to 3/19/24 1111 1 Brookshire Ave
$85,769.24 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
4" PVC
JOB 765 - LA CITY ESR- GIOVANNI LN. (PVT)City of Los Angeles
4/1/24 to 5/3/24 1149 S. Broadway Suite 700
$50,836.75 Los Angeles, CA
100$ Complete Miguel Rodriguez 213-485-4516
10" VCP
766 City of Downey - Doty Middle School Irrigation Repairs - 2024 City of Downey
4/1/2024 to 4/12/2024 1111 1 Brookshire Ave
$15,000.00 Downey, CA 90241
B-51
100% Complete Lorena Powell 562-302-3845
3" AC Pipe
768 LA City ESR - Denison Ave (3500 Block) SWC07769 2024 City of Los Angeles
5/16/24 to 6/24/24 1149 S. Broadway Suite 700
$28,207.15 Los Angeles, CA
100% Complete Miguel Rodriguez 213-485-4516
6" VCP
769 - Downey MP No. 401 - Catch Basin and Parkway Drain Repair Project 2024 City of Downey
5/24/24 to 5/24/24 1111 1 Brookshire Ave
$26,450.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
Catch Basin
770 LA City ESR - Venice Blvd (5900 Block) 2024 City of Los Angeles
4/25/24 to 7/26/24 1149 S. Broadway Suite 700
$500,000.00 Los Angeles, CA
100% Complete Armen Dermenjian 213-485-1682
8" VCP
771 - LA City ESDR - Sherman Rd & Laurel Canyon 2024 City of Los Angeles
4/30/24 to 8/5/24 1149 S. Broadway Suite 700
$13,922.27 Los Angeles, CA
100% Complete Alice Nguyen 213-847-2035
Catch basin repair
772 - Downey MP402 - Alameda St and Boyne St Water Valve Replacement Project 2024 City of Downey
7/12/24 to 8/16/24 1111 1 Brookshire Ave
$26,800.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
6" GV
773 City of Whittier - Abbeywood Ave 30" Watermain Break Emergency 2024 City of Whittier
6/7/24 to 6/21/24 13230 Penn Street
$43,156.34 Whittier, CA 90602
100% Complete Lucila Martinez 562-567-9526
30" WM
774 Fullerton Candlewood Area Water Main Replacement Project 2024 City of Fullerton
7/31/24 to 12/3/24 303 West Commonwealth Ave
$1,298,246.00 Fullerton, CA 92832
100% Complete Vittorio LaRussa 714-738-6567
8" PVC
775 LA City ESR - Nashville St. (20000 Block) 2024 - 2025 City of Los Angeles
2/10/25 to 2/28/25 1149 S. Broadway Suite 700
$20,955.44 Los Angeles, CA
100% Complete Amilcar Castillo 213-485-5046
Hydrojet 8" VCP
776 LA City ESR -Nichols Canyon Rd (2000 N. Block) 2024 City of Los Angeles
6/5/24 to 6/10/24 1149 S. Broadway Suite 700
$24,528.70 Los Angeles, CA
100% Complete Armen Dermenjian 213-485-1682
8" VCP
777 ESR - N Fairfax Ave (1300 Block) 2024 City of Los Angeles
6/8/24 to 8/2/24 1149 S. Broadway Suite 700
$9,170.62 Los Angeles, CA
100% Complete Miguel Rodrigues 213-4854516
MH Frame and cover
778 City of El Segundo - Mariposa Ave and Illinois St Sewer Emergency Repair 2024 City of El Segundo
6/20/24 to 7/16/24 350 Main Street
$20,448.52 El Segundo, CA
100% Complete Arianne Bola 310-524-6324
779 City of Downey - Water Main Break Emergency 8202 Qouit St 2024 City of Downey
7/3/2024 to 7/8/2024 1111 1 Brookshire Ave
$16,808.19 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
GV Repair
780 LA City ESR - Franklin Ave (7300 Block) 2024 City of Los Angeles
7/16/24 to 8/1/24 1149 S. Broadway Suite 700
$15,864.90 Los Angeles, CA
100% Complete Miguel Rodrigues 213-485-4516
MH Frame and Cover
781 Downey CIP 24-21 Alameda St to Firestone 2024 - 2025 City of Downey
9/16/24 to 1/10/25 1111 1 Brookshire Ave
$1,339,210.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
10" DIP
B-52
782 INGLEWOOD - WATER MAIN PHASE 5 PROJECT 2024 - 2025 City of Inglewood
12/2/24 to Present 1 West Manchester Blvd
$6,950,530.00 Inglewood, CA 90301
100% Complete Thomas Lee 310-412-5333
8", 12" DIP ext. 5611
783 El Segundo City Emergency 2024 City of El Segundo
8/16/24 to 10/8/24 350 Main Street
$90,000.00 El Segundo, CA
100% Complete Arianne Bola 310-524-2364
8" PVC Sewer
JOB 784 LA CITY ESDR - 11762 SAN VICENTE BLVD 2024 - 2025 City of Los Angeles
11/12/24 to 2/19/25 1149 S. Broadway Suite 700
$219,869.53 Los Angeles, CA
100% Complete Michell Osorio 213-485-1643
8" VCP
785 LA City Paseo Miramar (600 Block) 2024 City of Los Angeles
9/20/24 to 11/5/24 1149 S. Broadway Suite 700
$25,850.61 Los Angeles, CA
100% Complete Jesus Ventura 213-378-1267
8" Liner Removal
786 Downey MP404 Irwingrove Dr Water System Repair 2024 City of Downey
10/9/24 to 10/10/24 1111 1 Brookshire Ave
$26,800.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
FH replacement
Job 787 LA City ESR Fries Ave (s. Block) 2024 City of Los Angeles
10/4/24 to 10/21/24 1149 S. Broadway Suite 700
$72,842.10 Los Angeles, CA
100% Complete Armen Dermenjian 213-485-1682
Wye connection repair
788 Whittier Blvd 10-inch Fire Service Lateral 2024 City of Whittier
11/9/24 to 119/24 13230 Penn Street
$22,167.18 Whittier, CA 90602
100% Complete Lucila Martinez 562-567-9526
FS Lateral Repair
789 WHITTIER - GREENLEAF PUMP STATION 2024 City of Whittier
11/13/24 to 11/14/24 13230 Penn Street
$10,000.00 Whittier, CA 90602
100% Complete Lucila Martinez 562-567-9526
GV Repair
791 Downey - MP405 Water Utility Relocation On Lakewood Blvd. North of Florence Ave 2025 City of Downey
1/13/25 to 1/16/24 1111 1 Brookshire Ave
$26,400.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
6" DIP
792 El Segundo Water Main Break Emergency 2024 City of El Segundo
11/20/24 to 12/2/24 350 Main Street
$83,742.47 El Segundo, CA
100% Complete Arianne Bola 310-524-2364
8" PVC
JOB 793 LA CITY ESR - LOS ANGELES ST. (5800 S BLOCK) 2024 -2025 City of Los Angeles
11/25/24 to 1/15/25 1149 S. Broadway Suite 700
$11,912.90 Los Angeles, CA
100% Complete Armen Dermenjian 213-485-1682
MH Frame and cover
794 Downey 8666 Donovan St Fire Hydrant Repair 2024 City of Downey
12/4/24 to 12/10/24 1111 1 Brookshire Ave
$186,354.12 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
FH Repair
796 DOWNEY - YMCA 2025 City of Downey
1/17/25 to 2/18/25 1111 1 Brookshire Ave
$15,000.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
6" PVC, FS, FH
797 ESR - Hillrose Cir 2025 City of Los Angeles
1/9/25 to 2/21/25 1149 S. Broadway Suite 700
$19,396.16 Los Angeles, CA
100% Complete Jack Baisley 213-847-1215
8" VCP
798 FULLERTON - CANON SHEPPARD AREA WATER MAIN REPLACEMENT 2025 City of Fullerton
3/20/25 to Present 303 West Commonwealth Ave
B-53
$1,298,246.00 Fullerton, CA 92832
100% Complete Gar Huang 714-738-6895
4", 6", 8", 10", 12" PVC
801 EL SEGUNDO EMERGENCY - HOLLY AVE & KANSAS ST 2025 City of El Segundo
1/31/25 to 2/3/25 350 Main Street
$33,795.24 El Segundo, CA
100% Complete Arianne Bola 310-524-2364
GV Repair
802 DOWNEY CIP 24-20 FURMAN PARK RW MAIN 2025 City of Downey
4/17/25 to Present 1111 1 Brookshire Ave
$756,480.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
4" & 8" PVC
JOB 804 DOWNEY MP406 2025 City of Downey
3/13/25 to 4/3/25 1111 1 Brookshire Ave
$26,800.00 Downey, CA 90241
100% Complete Lorena Powell 562-302-3845
10" DIP
805 BEVERLY HILLS - WATER MAIN REPLACEMENT VARIOUS LOCATIONS City of Beverly Hills
8/2/2025 to TBD 455 N Rexford Dr
$5,557,610.00 Beverly Hills, CA 90210
50% Complete Tristan Malabanan 310-285-2512
4", 6", 8", 12" DIP
812 EL SEGUNDO SEWER MAIN REPAIR - 141 CONCORD ST 2025 City of El Segundo
5/29/25 to 6/2/2025 350 Main Street
$41,151.90 El Segundo, CA
100% Complete Arianne Bola 310-524-2364
8" VCP
B-54
JULY 2026- JULY 2027
Craft Time Base Rate H&W Pension Vac/Hol
Appr &
Train Other
Total
benefit Subtotal
Total of Insurance &
Taxesl Total Rate
ST 46.48 9.55 12.57 5.02 0.80 0.67 28.61 75.09 15.98 91.07
OT 69.72 9.55 12.57 5.02 0.80 0.67 28.61 98.33 20.87 119.20
ST 47.03 9.55 12.57 5.02 0.80 0.67 28.61 75.64 16.10 91.74
OT 70.55 9.55 12.57 5.02 0.80 0.67 28.61 99.16 21.03 120.19
ST 47.58 9.55 12.57 5.02 0.80 0.67 28.61 76.19 16.20 92.39
OT 71.37 9.55 12.57 5.02 0.80 0.67 28.61 99.98 21.21 121.19
ST 49.65 9.55 12.57 5.02 0.80 0.67 28.61 78.26 16.64 94.90
OT 74.48 9.55 12.57 5.02 0.80 0.67 28.61 103.09 21.85 124.93
Operator #6
Operator #8
SUPERINTENDENT/
PROJECT MANAGER
RUDY & VICTOR
Base Rate & Benefits Payroll Taxes & Insurance
Laborer #3
Laborer #4 & Water
Truck
Operator #3
Foreman/Operator #4
**** Williams Pipeline Contractors - Prevailing Wage Rates - AS OF January 1, 2026 (Laborer & Operator)*****
Laborer #1
Laborer #2
These may change when DIR post the rate
B-55
01203.0023 2076571.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
________________________, as Contractor (“Principal”), a Contract for the work entitled and
described as follows:__________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ______________________________ ($______________),
this amount being not less than one hundred percent (100%) of the total Contract price, lawful
money of the United States of America, for payment of which sum well and truly be made we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable
attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things
stand and abide by, well and truly keep and perform all undertakings, terms, covenants,
conditions, and agreements in the said Contract and any alteration thereof, made as therein
provided, all within the time and in the manner designated and in all respects according to their
true intent and meaning, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the
Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
B-56
01203.0023 2076571.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
B-57
01203.0023 2076571.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
_______________________________, as Contractor (“Principal”), a Contract for the work
entitled and described as follows:_____________________________________;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ____________________________ ($______________), this
amount being not less than one hundred percent (100%) of the total Contract price, lawful
money of the United States of America, for payment of which sum well and truly be made we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable
attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work, materials, services, provisions, provender, or other supplies, or for the use of implements
of machinery, used in, upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in
Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code
with respect to work or labor performed under the contract; and/or (4) for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor, then the Surety herein
will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is
required to engage the services of an attorney in connection with the enforcement of this bond,
each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of such change, extension of time, alteration, or modification of the Contract Documents or of
the work to be performed thereunder.
B-58
01203.0023 2076571.1
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
B-59
01203.0023 2076571.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance with the requirements of Article 5 of the Contract and is in force at this time, and is
in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
B-60
01203.0023 2076571.1
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured for the policy period
indicated, notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate may be issued or may pertain, the insurance afforded by the
policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called
for is provided by more than one insurance company, a separate certificate in the exact above form
shall be provided for each insurance company.
B-61
01203.0023 2076571.1
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
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01203.0023 2076571.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California
90275.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage
□ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number .
(signatures on following page)
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01203.0023 2076571.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
B-64
01203.0023 2076571.1
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The ____________________________ (“Public Agency”), its elected officials, officers,
attorneys, agents, employees, and volunteers are additional insureds (the above named
additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy
in relation to those activities described generally above with regard to operations performed
by or on behalf of the Named Insured. The Additional Insureds have no liability for the
payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called
upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the
Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall
be covered as third-party claims, i.e., in the same manner as if separate policies had been
issued to each insured. Nothing contained in this provision shall operate to increase or
replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed
by the Named Insured under the indemnification and/or hold harmless provision(s)
contained or executed in conjunction with the written agreement(s) or permit(s) designated
above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or
non-renewal except after written notice to Public Agency, by certified mail, return receipt
requested, not less than thirty (30) days prior to the effective date thereto. In the event of
Company's failure to comply with this notice provision, the policy as initially drafted will
continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities
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01203.0023 2076571.1
arising out of or incident to the perils insured against in relation to those activities described
generally above with regard to operations performed by or on behalf of the Named Insured
regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the
policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except: (if none, so state). The deductible is applicable □
per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
(signatures on following page)
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01203.0023 2076571.1
I, _____________________________________________ (print name), hereby declare under penalty of
perjury under the laws of the State of California, that I have the authority to bind the Company to this
endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
B-67
01203.0023 2076571.1
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The ___________________________ (“Public Agency”), its elected officials, officers,
attorneys, agents, employees, and volunteers are additional insureds (the above named
additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy
in relation to those activities described generally above with regard to operations performed
by or on behalf of the Named Insured. The Additional Insureds have no liability for the
payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called
upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the
Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall
be covered as third-party claims, i.e., in the same manner as if separate policies had been
issued to each insured. Nothing contained in this provision shall operate to increase or
replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed
by the Named Insured under the indemnification and/or hold harmless provision(s)
contained in or executed in conjunction with the written agreement(s) or permit(s)
designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or
non-renewal except after written notice to Public Agency, by certified mail, return receipt
requested, not less than thirty (30) days prior to the effective date thereto. In the event of
Company's failure to comply with this notice provision, the policy as initially drafted will
continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities
arising out of or incident to the perils insured against in relation to those activities described
generally above with regard to operations performed by or on behalf of the Named Insured
regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insureds.
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01203.0023 2076571.1
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the
policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A □ deductible or □ self-insured retention (check one) of $___________________
applies to all coverage(s) except: ________________________________ (if none, so
state).
The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
(signatures on following page)
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01203.0023 2076571.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
B-70
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
AAA OIL, INC.
For
DEEP DEWATERING WELL GENERATOR FUELING SERVICES
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
AAA OIL, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into July 1, 2026 by and between the RANCHO PALOS VERDES, a California municipal
corporation (“City”) and AAA OIL, 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, by issuance of a Request for Proposals or Invitation for Bids, 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” 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 seq.), 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 (1½) 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
expenses, shall not exceed Eighty-Five Thousand Dollars and No Cents ($85,000.00) (the
Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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.
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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,
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 SCHEDUL E
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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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 ninety (90)
days from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
D”).
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:
Mario Juarez Chief Financial Officer
Name) (Title)
Charles McDaniel 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.
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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 David Copp, Deputy Director of Public Works, 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.
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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:
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) 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.
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e) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
f) 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
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 requested 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.
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
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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
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 insurance 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
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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.
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
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during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the Contract
Officer or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of 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
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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.
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
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during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
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.
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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
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.
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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.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.
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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 Boulevard, 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 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.
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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 “non-interests” 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 ._______.
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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALSO VERDES, a municipal
corporation
Paul Seo, Mayor
ATTEST:
Theresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William Wynder, City Attorney
CONSULTANT:
AAA OIL, INC.
By:
Name: Charles McDaniel
Title: President
By:
Name: Mario Juarez
Title: Chief Financial Officer
Address:.
14321 Corporate Drive
Garden Grove, CA 92843
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.
Ara Mihranian, City Manager
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
The Consultant shall deliver dyed diesel to four generator locations (Sites 1-4) approximately
two to three times each week and DEF to one generator location (Site 1) as needed. Services shall
be performed in accordance with manufacturer recommendations, applicable codes, and industry
standards including, but not limited to:
National Fire Protection Association
Occupational Safety and Health Administration regulations
Services shall include:
1. Fuel and Fuel Products to be Delivered
a. Dyed Diesel
b. Diesel Emissions Fluid (DEF)
c. Additional fuel and fuel products may be added to the contract with terms
and conditions agreed to by the City and selected company.
2. Coordination of Delivery Schedule and Issues of Concern
a. Weekly communication with City confirming delivery schedule for the
upcoming week.
b. Notification sent to City immediately for critical issues including but not
limited to:
i.If a scheduled delivery was not made in whole or in part
ii.If a generator appears to be offline during fueling
iii.If any issue of concern is observed with a generator or the surrounding
area
3. Other Tasks
a. Consultant shall complete other tasks deemed necessary for the
accomplishment of a complete and comprehensive outcome as described in the
project objective. Consultant shall expand on the above-noted tasks,
where appropriate, and provide suggestions which might lead to efficiencies
and enhance the results or usefulness of the work.
II. All work 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.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
City hereby waives Section 7.3, Retention of Funds, of the Agreement.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall provide the following services and materials at the following rates:
Dyed Diesel price will be $0.60 over Oil Price Information Service (OPIS) Los Angeles
Market Price at date and time of delivery. For example, OPIS Los Angeles Dyed Diesel
price is $5.000 per gallon + margin $0.60 = $5.600 per gallon
Diesel Exhaust Fluid (DEF) price is set at $3.95 per gallon
The following fees associated with delivery will be applied on top of the price:
A. City and State Sales tax
B. Environmental Compliance fee: $19.95
C. Fuel Surcharge: $12.95
D. Delivery Fees:
1. Less than 400 gallons delivered (diesel): $125
2. Less than 50 gallons delivered (DEF): $125
3. Delivery Locations and Applicable Charges
For billing and delivery purposes, each designated well group shall be
considered a separate delivery location. Delivery fees, minimum delivery
requirements, fuel surcharges, environmental compliance fees, and any
other applicable service charges may be assessed individually for each
location serviced.
The designated delivery locations are as follows:
a) Location 1: Wells 1–6
b) Location 2: Wells 8–10
II. The City will compensate Consultant for the services and materials provided upon
submission of a valid invoice. Each invoice is to include:
A. Line items for all services and materials properly charged.
B. Invoice or other proof of OPIS Los Angeles Dyed Diesel price.
III. The total compensation for the Services shall not exceed the contract sum as provided
in Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Time is of the essence in performing all services appropriate to the emergency
response nature of the Project.
II. The Contract Officer may approve an extension of the Agreement Term established
in Section 3.4 of up to thirty (30) additional days, in the City’s sole and exclusive
discretion.
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