Malibu City Council
February 10, 2025

Meeting Agenda
CC250210_AGENDA.PDF
Item 1B2
Approve Warrants
CC250210_ITEM 1B2.PDF
Item 1B3
Amendment to Agreement with Santa Monica-Malibu Unified School District CC250210_ITEM 1B3.PDF
Item 1B4
Los Angeles County Measure R Transportation Funding Agreement Amendment CC250210_ITEM 1B4.PDF
Item 1B5
Transfer Agreement for Receiving the Safe, Clean Water Program Municipal Program Funds
CC250210_ITEM 1B5.PDF
Item 1B6
Amendment to Agreement with Rincon Consultants, Inc to Provide On-Call Environmental Consulting Services
CC250210_ITEM 1B6.PDF
Item 1B7
Contract with Clean Harbors Environmental Services, Inc.

CC250210ITEM 1B7.PDF

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:

Item 1B7
Contract with Clean Harbors Environmental Services, Inc.

CC250210_ITEM 1B7.PDF
Item 1B8
Emergency Public Works Agreements
CC250210_ITEM 1B8.PDF
Item 1B9
Lease Agreement with Wave Enterprises, Inc. for a Fire Rebuild Office CC250210_ITEM 1B9.PDF
Item 1B10
Professional Services Agreement with Ultimate Maintenance Services CC250210_ITEM 1B10.PDF
Item 1B11
Amendment to Professional Services Agreement with Tripepi Smith & Associates, Inc.

CC250210_ITEM 1B11.PDF
Item 1B12
Professional Services Agreement with Tripepi Smith & Associates, Inc. for On-Call Communication Services
CC250210_ITEM 1B12.PDF
Item 1B13
Professional Services Agreement with American Global Security, Inc.

CC250210_ITEM 1B13.PDF
Item 1B14
Professional Services Agreements for Fire Recovery and Rebuild Consulting Services

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

14. Documents:

Item 1B14
Professional Services Agreements for Fire Recovery and Rebuild Consulting Services CC250210_ITEM 1B14.PDF
Item 7A
City Council Policy #42, Dial-A-Ride Program
CC250210_ITEM 7A.PDF
Item 8A
City Council Appointments to City Commissions and Committees CC250210_ITEM 8A.PDF

14. Documents:

15. Documents:

16. Documents:

HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.

HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.

HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.

Malibu City Council
Regular Meeting Agenda
Monday, February 10, 2025
4:15 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
5:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/86497507668
Four-fifteen p.m. Convene for Purpose of Closed Session Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government City Council Regular Meeting Agenda Page - 2 - February 10, 2025 Code Section 54956.9, 54957, and 54957.6. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.

Conference with Legal Counsel – Anticipated Litigation

1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (2)
Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Performance Evaluation
Title: City Manager
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:

1. City representative: Interim City Attorney Trevor Rusin Unrepresented employee: City Manager Steve McClary
Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
Five-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – February 7, 2025
Approval of Agenda

1. Consent Calendar
Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. Items in Consent Calendar Section B have not been discussed previously by the Council. Members of the public may comment on the consent calendar as a whole. After public comment, the Council may remove items from the Consent Calendar for individual consideration before adopting the Consent Calendar.

A. Previously Discussed Items
None.

City Council Regular Meeting Agenda Page - 3 - February 10, 2025 B. New Items

1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 74769-74771 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 761 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $104,258.25. City of Malibu payroll check number 5496-5497 and ACH deposits were issued in the amount of $656,801.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224

3. Amendment to Agreement with Santa Monica-Malibu Unified School District Recommended Action: Authorize the Mayor to execute Amendment No. 2 with Santa Monica-Malibu Unified School District (District) to extend the 2022-2024 Master Facility Use Agreement through April 30, 2025.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350

4. Los Angeles County Measure R Transportation Funding Agreement Amendment Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment for the Pacific Coast Highway Median Improvements Project.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339

5. Transfer Agreement for Receiving the Safe, Clean Water Program Municipal Program Funds
Recommended Action: Authorize the City Manager to execute a Transfer Agreement with the Los Angeles County Flood Control District (District) to receive Safe, Clean Water (SCW) funds.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

City Council Regular Meeting Agenda Page - 4 - February 10, 2025

6. Amendment to Agreement with Rincon Consultants, Inc to Provide On-Call Environmental Consulting Services
Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to the Profession Services Agreement with Rincon Consultants, Inc. to increase the total agreement compensation from $340,000 to $960,000; and 2) Approve a budget amendment to transfer $620,000 from Account No. 101-2004-5100 (Building Safety Professional Services) to Account No. 101-3003-5100 (Clean Water Professional Services).

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

7. Contract with Clean Harbors Environmental Services, Inc.

Recommended Action: 1) Receive and file a report on an emergency contract with Clean Harbors Environmental Services, Inc. (Clean Harbors) for Franklin Fire environmental clean-up services, including asbestos surveys and hazardous waste removal services for fire damaged and destroyed properties; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

8. Emergency Public Works Agreements
Recommended Action: 1) Receive a report on the approval of emergency Public Works agreements with Vido Artukovich & Son, Inc. / Vidmar, Inc. JV and Diamond Construction, Inc. for emergency repairs in order to immediately preserve public safety; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339

9. Lease Agreement with Wave Enterprises, Inc. for a Fire Rebuild Office Recommended Action: 1) Authorize the Mayor to execute a two-year lease agreement for a Fire Rebuild Office at 23805 Stuart Ranch Road; 2) Authorize the Acting City Manager to execute documents or agreements arising out of the proposed lease, including estoppel certificates; 3) Authorize the purchase of office furniture from CORT Business Services Corporation; and 4) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224

City Council Regular Meeting Agenda Page - 5 - February 10, 2025

10. Professional Services Agreement with Ultimate Maintenance Services Recommended Action: 1) Authorize the Mayor to execute a Professional Services Agreement with Ultimate Maintenance Service Inc. for custodial services at the Fire Rebuild Office at 23805 Stuart Ranch Road, Malibu; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224

11. Amendment to Professional Services Agreement with Tripepi Smith & Associates, Inc.

Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Tripepi Smith, Inc. (Tripepi Smith) in the amount of $120,000 for a total not to exceed $250,000. This proposed amendment includes on-call communication services to support communication needs pertaining to the Franklin Fire 2024 and Palisades Fire 2025; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224

12. Professional Services Agreement with Tripepi Smith & Associates, Inc. for On-Call Communication Services
Recommended Action: 1) Receive and file a report on on-call communication services with Tripepi Smith & Associates Inc. (Tripepi Smith) pertaining to Palisades Fire communications; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224

13. Professional Services Agreement with American Global Security, Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with American Global Security, Inc. for security services at Malibu City Hall, City workshops, and rebuild recovery events.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224

City Council Regular Meeting Agenda Page - 6 - February 10, 2025

14. Professional Services Agreements for Fire Recovery and Rebuild Consulting Services Recommended Action: A) Authorize the Mayor to execute individual Professional Services Agreements for Fire Recovery and Rebuild Consulting Services from: 1) Cotton, Shires & Associates Inc. for Geotechnical, Coastal Engineering, and Environmental Health services; 2) Bureau Veritas for Building Safety services; 3) True North for Building Safety services; 4) CSG Consultants, Inc. for Building Safety services 5) Solid Waste Solutions, Inc. for Environmental and Solid Waste Management services; 6) Rincon Consultants, Inc. for Environmental and Storm Response services; 7) Kimley Horn and Associates for Public Works services; 8) Filippin Engineering for Public Works services; and 9) MNS Engineering, Inc. for Planning and Public Works Services; B) Authorize the City Manager or designee to amend any of the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

2. Ceremonial/Presentations
A. Presentation from the Los Angeles County Fire Department on Using Goats for Brush Clearance

3. Commission / Committee / City Manager Updates

4. Written and Oral Communications from the Public (Subsequent items to be heard after 6:30 p.m.) The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response.

A. Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.

B. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries

5. Ordinances and Public Hearings
For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time.

None.

6. Old Business
Old Business items have appeared on previous agendas with no final action having been taken.

None.

City Council Regular Meeting Agenda Page - 7 - February 10, 2025

7. New Business
New Business items are appearing for the first time for formal action.

A. City Council Policy #42, Dial-A-Ride Program
Recommended Action: Adopt the revised City Council Policy #42, Dial-A-Ride Program, to amend the implementation section.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350

8. Council Items
City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.

A. City Council Appointments to City Commissions and Committees Recommended Action: 1) Councilmembers Conrad, Silverstein, and Uhring to each make an appointment to the Malibu Arts Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Public Works Commission, and Wastewater Advisory Committee; 2) Mayor Pro Tem Riggins to make an appointment to the Malibu Arts Commission; 3) Council may appoint or affirm appointments of an ex officio member to the Cultural Arts Commission, Parks and Recreation Commission, and Public Safety Commission; 4) Council to appoint or affirm two at-large appointments to the Wastewater Advisory Committee; 5) Council to appoint or affirm five appointments and two alternate appointments to the Building Board of Appeals; 6) Mayor Stewart, Mayor Pro Tem Riggins, and Councilmembers Conrad, Silverstein, and Uhring to each make an appointment to the Mobilehome Park Rent Stabilization Commission; and 7) Adopt Resolution No. 25-07, a resolution specifying residency requirements for Commission and Committee members whose residences are damaged or destroyed by a natural disaster.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 Adjournment
Future Meetings
Monday, February 24, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, March 4, 2025 TBD Special City Council Meeting City Hall Council Chambers Monday, March 10, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings and Decorum
Public Communications: Each speaker is limited to three (3) minutes. Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In-person participants may surrender their time by deferring one (1) minute to another in-person speaker, not to exceed a total of eight (8) minutes.

The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.

On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all City Council Regular Meeting Agenda Page - 8 - February 10, 2025 public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.

Role of the Presiding Officer: The presiding officer of the City Council, who shall be the Mayor, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public, and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.

Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.

No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.

City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 7th day of February 2025 at 4:10 p.m.

Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 761
On February 10, 2025, the Malibu City Council allowed and approved warrant demand numbers 74769-74771 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $104,258.25. City of Malibu payroll check numbers 5496-5497 and ACH deposits were issued in the amount of $656,801.09.

PASSED, APPROVED and ADOPTED this 10th day of February 2025. ____________________________________________
Doug Stewart
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $761,059.34 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 30th day of January 2025, AT MALIBU, CALIFORNIA ______________________________________________
Joseph Toney
Acting City Manager
City Council Meeting
2-10-25
Item

1.B.2.

Docusign Envelope ID: EBFFEA1B-404B-4B8F-9136-925CE1970B1A Accounts Payable
User:

Printed:
sflores
1/30/2025 10:34 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 74769 COOMIC MICHELE COOK 01/23/2025 0.00 831.75
74770 NATIAUTO 72 HOUR LLC 01/23/2025 0.00 51,713.25
74771 NATIAUTO 72 HOUR LLC 01/23/2025 0.00 51,713.25
Report Total (3 checks): 0.00 104,258.25
AP Checks by Date - Summary by Check Number (1/30/2025 10:34 AM) Page 1 Docusign Envelope ID: EBFFEA1B-404B-4B8F-9136-925CE1970B1A User:

Printed: 01/30/2025 - 10:36AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Account Number Vendor Description GL Date Check No Amount PO No 100-7058-5340-00 MICHELE COOK Mileage - M. Cook 8/6 - 11/15/24 01/23/2025 74769 831.75 Vendor Subtotal: 831.75
Subtotal for Section 1: 100 831.75
601-3005-7700-00 72 HOUR LLC VOP Fleet Vehicle 1 - 2025 Ford Police Interceptor Utility AWD 01/23/2025 74770 51,713.25 0000004223 601-3005-7700-00 72 HOUR LLC VOP Fleet Vehicle 2 - 2025 Ford Police Interceptor Utility AWD 01/23/2025 74771 51,713.25 0000004224 Vendor Subtotal: 103,426.50
Subtotal for Section 1: 601 103,426.50
Report Total: 104,258.25
AP-Transactions by Account (01/30/2025 - 10:36 AM) Page 1 Docusign Envelope ID: EBFFEA1B-404B-4B8F-9136-925CE1970B1A

Agenda Item # 1.B.3.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 3, 2025 Meeting date: February 10, 2025 Subject: Amendment to Agreement with Santa Monica-Malibu Unified School District
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 with Santa Monica-Malibu Unified School District (District) to extend the 2022-2024 Master Facility Use Agreement through April 30, 2025.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement/project is included in the Adopted Budget for FY 2024-25 in Account No. 100- 7059-5921-00 (Non Departmental Services).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and regular business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: The City has maintained a Master Facility Use Agreement (Agreement) with Santa Monica-Malibu Unified School District (District) since 1995. The Agreement outlines the terms of use and associated fees for City-organized recreation programs during non-school hours at District facilities, such as after-school programs, aquatic programs, weekend recreation field use at Malibu Elementary School, summer camps, and sports programs.

In July 2024, the District provided the City with a cost analysis and proposed the City change from “Direct Rate” to “Commercial Rate.” At the Regular meeting on January 27, 2025, the Council reviewed the District’s proposed cost increases and requested additional information and justification for the adjustment. Council directed staff to amend the 2022-2024 Agreement for an additional 90 days. During this period, staff will work with City Council Meeting
02-10-25
Item

1.B.3.

Agenda Item # 1.B.3.
the District to gain additional information, analyze the fees, and determine Agreement options for facility use.

Staff recommends authorizing the Mayor to execute Amendment No. 2 (Attachment) to the Master Facility Use Agreement with the Santa Monica-Malibu Unified School District, extending the term to April 30, 2025.

ATTACHMENTS: Amendment No. 2 to Agreement with Santa Monica-Malibu Unified School District
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on , 2025 by and between the CITY OF MALIBU (hereinafter referred to as “City”), and SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT (hereinafter referred to as “District”).

The City and the Consultant agree as follows:

R E C I T A L S
A. On October 1, 2022, the City entered into an Agreement with the District to use school facilities for recreational programming and community use during non-school hours (“Agreement”).

B. On September 23, 2024, The City approved Amendment No. 1 to extend the term of the Agreement through January 31, 2025.

C. The City and District desire to amend the Agreement to extend the term.

NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 1.13 is replaced in its entirety with the following: The Agreement shall become effective on October 22, 2022, and shall remain in full force and effect, expiring on April 30, 2025, unless terminated in accordance with section 6.3 of this Agreement. The Agreement may be extended at the discretion of the District and City for an additional period of time by mutual written consent of the District to the City.

2. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

3. All terms and conditions of the Agreement not amended by Amendment No. 2 remain in full force and effect.

This Agreement is executed on , 2025, at Malibu, California, and effective as of February 1, 2025.

CITY OF MALIBU:

DOUG STEWART, Mayor
ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT:

TREVOR RUSIN, Interim City Attorney ANTONIO SHELTON, Superintendent Santa Monica-Malibu Unified School District

Agenda Item # 1.B.4.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Brandie Ayala, Sr. Management Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Joseph D. Toney, Acting City Manager
Date prepared: January 9, 2025 Meeting date: February 10, 2025 Subject: Los Angeles County Measure R Transportation Funding Agreement Amendment
RECOMMENDED ACTION: Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment for the Pacific Coast Highway Median Improvements Project.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: Los Angeles County Measure R was approved by voters in 2008. Measure R provides a half-cent sales tax increase for Los Angeles County to finance new transportation projects and programs. Measure R was projected to generate $40 billion for transportation projects throughout Los Angeles County over the next 30 years. The City’s allocation from Measure R is $26.3 million. The County of Los Angeles provided the City with an additional $12 million for a total allocation to the City of $38.3 million. There is no impact to the General Fund associated with the expenditure of Los Angeles County Measure R funding.

The City identified Pacific Coast Highway (PCH) Median Improvements to use the City’s Measure R funding. This project met the Measure R project eligibility criteria and as such, required a funding agreement between the City and Los Angeles County Metropolitan Transportation Authority (Metro). This funding agreement allows the City to be reimbursed all project costs.

City Council Meeting
02-10-25
Item

1.B.4.

Agenda Item # 1.B.4.

On February 14, 2017, Metro approved the funding agreement for the PCH Median Improvements project for $6,950,000. In October 2023, the City received final approval from Caltrans for this project. The total project costs were estimated at $5,750,000, which resulted in $1,200,000, in additional project funds. Rather than wait to reallocate these project funds after the project is completed, Staff requested that Metro reallocate $1,200,000 of this approved funding to the PCH Signal Synchronization Project leaving a balance of $5,750,00 in the PCH Median Improvements project.

On January 17, 2024, Metro approved a funding reallocation between the PCH Median Improvements Project and the PCH Signal Synchronization Project. Funding for the PCH Median Improvements project decreased by $1,200,000, revising the funding in the amount of $5,750,000. The reduced funding is sufficient to complete the City’s PCH Median Improvements project. The additional $1,200,000, from the PCH Median Improvements Project was transferred to the PCH Signal Synchronization Project.

During the completion of the PCH Median Improvements project, it was discovered that the revised funding of $5,750,000, was significantly more than needed to complete the project. In Spring 2024, staff requested Metro to reallocate $1,800,000 of the revised funding from the PCH Median Improvements Project to the PCH Signal Synchronization Project.

On July 25, 2024, Metro approved a second funding reallocation between the PCH Median Improvements Project and the PCH Signal Synchronization Project. Funding for the PCH Median Improvements Project decreased in the amount of $1,800,000, revising the funding in the amount of $3,950,000. The additional $1,800,000 was transferred to the PCH Signal Synchronization Project revising the project funding to $17,600,000. In order to decrease the funding from the PCH Median Improvements Project, a funding amendment needs to be executed.

At the September 23, 2024, meeting, City Council authorized the Mayor to execute a funding amendment for the PCH Signal Synchronization project incorporating the funding adjustment of $1,800,000.

The revised funding agreement of $3,950,000 is sufficient to complete the PCH Median Improvements project. The total project costs are $2,450,464 leaving an available balance of $1,499,536. After the City has completed the audit process, the balance of available funds will be reallocated to an existing Measure R project.

Staff recommend the City Council authorize the Mayor to execute Funding Amendment Agreement decreasing the funding for the PCH Median Improvements Project.

ATTACHMENTS: Funding Amendment Agreement with Los Angeles County for the PCH Median Improvements Project
FTIP #: LA0G956
Subregion ID: LVMCOG
Project#: MR311.26
Amendment No. 5
FA# 920000000MR31126
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No. 5 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF MALIBU AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 5 to the Funding Agreement (this “Amendment”), is dated as of October 30, 2024 by and between the City of Malibu ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. 920000000MR31126, dated February 14, 2017, which was amended on June 18, 2020, June 28, 2021, January 28, 2023, and May 6, 2024, (the "Existing FA"), which Existing FA provides for the Pacific Coast Highway Raised Median Channelization from John Tyler to Puerco Canyon Road, Project (the “Project”); and
B. WHEREAS, the Grantee desires to decrease the Project’s budget of Measure R by $1,800,000 from $5,750,000 to $3,950,000. This amount is within the Board authorized budget decrease for the Project, the total new Project budget is $3,950,000 which was approved by the LACMTA Board on July 25, 2024; and
C. WHEREAS, the Funds are currently programmed for the Project as follows $550,000 in Measure R Funds in Prior Years, $2,500,000 in Measure R Funds in FY 2015-16 and $900,000 in Measure R Funds in FY 2016-17. The total designated amount for the Project is $3,950,000; and
D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

FTIP #: LA0G956
Subregion ID: LVMCOG
Project#: MR311.26
Amendment No. 5
FA# 920000000MR31126
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part I, Paragraph 2.2 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “To the extent the Measure R funds are available, LACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of $3,950,000 (the “Funds”) for the Project. LACMTA Board of Directors actions on May 28, 2018 granted the Measure R Funds for the Project. LACMTA Board of Directors’ actions on January 25, 2024 and July 25, 2024, deobligated a portion of the Measure R Funds for the Project. The Funds are currently programmed in Fiscal Years: $550,000 in Prior Years; $2,500,000 in FY 2015-16; and $900,000 in FY 2016-17.”

2. Part II, Paragraph 6.1 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
“6.1 GRANTEE shall submit the draft of Quarterly Progress/Expenditure Report (Attachment D-2) within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre-approval of the applicable report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Reports within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Report no later than five (5) days after receipt of LACMTA’s written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Quarterly Progress/Expenditure Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation. Expenses that are not invoiced to LACMTA Accounts Payable within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement”

3. Part II, Section 9.1 (vi) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(vi) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed in FY 2013-14 and FY 2014- 15 are no longer available. All Funds programmed for FY 2015-16 and FY 2016-17 are subject to lapse by June 30, 2025.”

4. Attachment A-1 of the Existing FA is hereby replaced by Attachment A-2, attached.

5. Attachment B1-4 of the Existing FA is hereby replaced by Attachment B1-5, attached.

FTIP #: LA0G956
Subregion ID: LVMCOG
Project#: MR311.26
Amendment No. 5
FA# 920000000MR31126
Rev: 10.26.2022 3 Measure R Funding Agreement Amendment Highways – General

6. Attachment C-4 of the Existing FA is hereby replaced by Attachment C-5, attached.

7. The parties have agreed that the Monthly Progress Report is no longer required and therefore, Attachment D-1 and all references thereto are hereby deleted.

8. Attachment E-1– TIP Sheet of the Existing FA is hereby replaced by Attachment E-2, attached.

9. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

FTIP #: LA0G956
Subregion ID: LVMCOG
Project#: MR311.26
Amendment No. 5
FA# 920000000MR31126
Rev.: 03.08.2023 4 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:

City of Malibu
By: _______________________________________ Date: ____________________ Doug Stewart
Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Trevor Rusin
Interim City Attorney
FTIP #: LA0G956
SOURCES OF FUNDS Prior Years FY2015-16 FY2016-17 Total
Budget
% of Budget

LACMTA PROGRAMMED FUNDING
MEASURE R FUNDS $ 550,000 $ 2,500,000 $ 900,000 $ 3,950,000 100%

LACMTA PROGRAMMED FUNDS BY YEAR
SUBTOTAL $ 550,000 $ 2,500,000 $ 900,000 $ 3,950,000 100% OTHER SOURCES OF FUNDING:

LOCAL: $ - 0%
STATE: $ - 0%
FEDERAL: $ - 0%
PRIVATE OR OTHER: $ - 0%
OTHER FUNDING SUBTOTAL $ - $ - $ - $ - 0%
TOTAL PROJECT FUNDS $ 550,000 $ 2,500,000 $ 900,000 $ 3,950,000 100% ATTACHMENT A-2 - PROJECT FUNDING
Measure R Program - Funding Agreement Projects - FA# 920000000MR31126 Project Title: PCH Raised Median and Channelization from John Tyler to Puerco Canyon Road Project#: MR311.26

PROGRAMMED BUDGET - SOURCES OF FUNDS
Rev. 05.03.19 FA Measure R Hwys Gen Attachment A Project Funds SOURCES OF FUNDS Prior
Expenditures
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $733,955 $733,955
PS&E $481,752 $481,752
RW Support $0
Const. Support $17,896 $3,105 $21,001
RW $0
Construction $2,713,292 $2,713,292
Total MEASURE R $1,233,603 $0 $3,105 $0 $2,713,292 $0 $0 $0 $3,950,000 SUM PROG LACMTA FUNDS: $1,233,603 $0 $3,105 $0 $2,713,292 $0 $0 $0 $3,950,000

PROJECT FUNDING
FY20-21, FY21-22, and FY22-23 $1,233,603 $0 $3,105 $0 $2,713,292 $0 $0 $0 $3,950,000

SUMMARY OF ALL FUNDS
PAED $733,955 $0 $0 $0 $0 $0 $0 $0 $733,955
PS&E $481,752 $0 $0 $0 $0 $0 $0 $0 $481,752
RW Support $0 $0 $0 $0 $0 $0 $0 $0 $0
Const. Support $17,896 $0 $3,105 $0 $0 $0 $0 $0 $21,001 RW $0 $0 $0 $0 $0 $0 $0 $0 $0
Construction $0 $0 $0 $0 $2,713,292 $0 $0 $0 $2,713,292 TOTAL MILESTONES $1,233,603 $0 $3,105 $0 $2,713,292 $0 $0 $0 $3,950,000 SUM PROG LACMTA FUNDS $1,233,603 $0 $3,105 $0 $2,713,292 $0 $0 $0 $3,950,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $1,233,603 $0 $3,105 $0 $2,713,292 $0 $0 $0 $3,950,000 ATTACHMENT B1-5 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA # 920000000MR31126

PROGRAMMED SOURCES OF FUNDS
Project Title: P.C.H Raised Median and Channeliation from Webb Way to Puerco Canyon Road Project# MR311.26 FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 5
Funding Agreement # 920000000MR31126
Rev: 11.1.14 1 FA Attachment C
Scope of Work
ATTACHMENT C-5

SCOPE OF WORK
PROJECT TITLE:

Pacific Coast Highway Raised Median and Channelization from John Tyler to Puerco Canyon Road PROJECT LOCATION:

The project is located along Pacific Coast Highway/State Route 1 (PCH/SR 1) in the City of Malibu and the County of Los Angeles.

PROJECT LIMITS:

The project limits are along PCH/SR1 from the intersection of John Tyler to the intersection of Puerco Canyon Road. A distance of approximately 2 miles.

NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:

This project is intended to improve the safety and operations of the highway for all modes of travel by upgrading the raised medians and modifying the cross section of the highway. The project will upgrade and modify the design and seek to reduce the width of the existing medians to improve channelization, standardize lane widths, increase control of turn movements and create additional space for motorists, pedestrians, cyclists, transit and parked cars.

PROJECT BACKGROUND:

The median conditions vary throughout the approximately 2 mile segment. In general, the raised concrete median is old and in need of replacement. In some areas, the raised median is dilapidated and provides little to no grade separation from the travel way. In other sections, cracks have developed allowing weeds to grow requiring maintenance while other areas are simply gravel filled and covered in weeds requiring significant maintenance effort. While other sections have no raised median and provide no physical barriers between the north and south bound travel with a speed limit of 50 MPH.

The project will not only remove and reinstall the raised medians but also seek to reduce the width of the medians to provide more space for multi modal use. The existing medians vary in width from 16’ to 4’ adjacent to turn lanes at the intersections. In most areas, the medians are oversized for their intended purpose. The reconfigured medians would allow for the standardization of lane width and the creation of wider shoulders in some areas. The existing highway shoulders are utilized simultaneously by pedestrians, cyclists, transit, parked cars and other users which creates the potential for conflict. The project will create more space for all users to utilize the lanes and shoulders and reduce the likelihood of collision. Together these improvements would serve to improve traffic flow, promote active transportation and reduce incident delay.

PROJECT BUDGET:

COMPONENT AMOUNT
PA/ED $733,955
PS&E $481,752
Construction Support $21,001
Construction Capital $2,713,292
Total Budget $3,950,000

FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 5
Funding Agreement # 920000000MR31126
Rev: 11.1.14 2 FA Attachment C
Scope of Work

SCOPE:

In general, the Pacific Coast Highway Raised Medians and Channelization from John Tyler to Puerco Canyon Road (“project”) consists of improvements along Pacific Coast Highway from John Tyler to Puerco Canyon Road. The project will include demolition and earthwork to remove the existing medians and install new raised medians. Work to install the new raised medians may include but is not limited to concrete work, concrete curb and gutter, stormwater conveyance, landscaping and associated utility work. The project shall also include the removal of the existing striping, the installation of new striping, signage and other traffic control devices, asphalt concrete overlay and associated work such as landscaping, irrigation, traffic loops, utility work and other minor components. A stormwater pollution prevention plan and traffic control plan will be prepared and implemented for the project.

PA/ED

The City will contract with a consultant for environmental analysis and permitting services, design services and design services during construction for the project. City staff shall perform project management and oversight.

I. Environmental Analysis – Environmental Clearance and Coastal Development Permit Product

City and Consultant to perform the following tasks:

A. Define a complete and detailed project description and delineate project study areas B. Conduct technical analysis as required for the project including archeological and other studies
C. Prepare environmental documents consistent with CEQA Guidelines for review and approval by the City following completion of appropriate technical analysis and studies.

D. Prepare technical analysis or studies consistent with the City of Malibu’s Local Coastal Program as required for the Coastal Development Permit E. Prepare the Coastal Development Permit Application for review by the City F. Prepare the environmental documents and the Coastal Development Permit application for public circulation
G. Make presentations to regulatory and permitting agencies as necessary H. Prepare responses to public review of draft environmental documents and the Coastal Development Permit application.

I. Prepare all other permit applications, technical studies and notifications required for the project.

DESIGN

The consultant will provide design services and City staff will perform project management and oversight.

I. Preliminary Design – “Design Memo and Renderings” and Caltrans approved Project Initiation Document as Final Work
City and Consultant to perform the following tasks:

FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 5
Funding Agreement # 920000000MR31126
Rev: 11.1.14 3 FA Attachment C
Scope of Work
A. Conduct field investigations to analyze the existing conditions and identify design issues. Record existing site conditions in drawings, photographs and/or video.

B. Examine and review all Right-of-Way maps, Parcel Maps, As-Built drawings and all other existing documents as appropriate.

C. Research, review and understand City of Malibu Local Coastal Program and City of Malibu General Plan.

D. Provide a complete survey of the project area, establishing horizontal and vertical control for the project.

E. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.

F. Work with Caltrans to develop the project’s scope and preliminary design to ensure acceptance by Caltrans and compatibility with the Caltrans’ proposed median improvement project from Puerco Canyon Road to Corral Canyon Road.

G. Prepare and submit a Project Initiation Document detailing the proposed project improvements and the supporting engineering analysis.

H. Work with Caltrans, County of Los Angeles, Los Angeles Country Metropolitan Transportation Authority, Pepperdine University and any other applicable municipal or regulatory agencies to develop the project’s scope and preliminary design to ensure acceptance of proposed work within the Caltrans’ right of way.

I. Prepare and submit a “Design Memo” detailing the proposed project improvements and the supporting engineering analysis.

J. Prepare and submit a Preliminary Engineer’s Construction Cost Estimate for all recommended improvements identified in the “Design Memo.” K. Prepare rendering of recommended improvements identified in the “Design Memo.”
II. Final Design – Plans, Specifications and Estimates as Final Work Product

Consultant to perform the following tasks:

A. Design the roadway and sidewalk improvements based on the City reviewed “Design Memo.”
B. Prepare civil plans for the improvements, consistent with City format.

C. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.

D. Assist the City and conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.

E. Work with Caltrans’ to ensure compatibility and connectivity with the Caltrans’ proposed median improvement project from Puerco Canyon Road to Corral Canyon Road.

F. Prepare technical construction specifications consistent with City format (SSPWC “Greenbook” and CSI Format, most recent editions).

G. Submittal of specifications shall be delivered to the City at 50%, 90% complete and final in hard copy and electronic formats.

H. Prepare an Engineer’s Construction Cost Estimate based on the itemized quantity take-off from the contract documents.

I. Submittal of the Engineer’s Construction Cost Estimate shall be delivered to the City at 50%, 90% complete and final in hard copy and electronic formats.

FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 5
Funding Agreement # 920000000MR31126
Rev: 11.1.14 4 FA Attachment C
Scope of Work
J. Prepare a Stormwater Pollution Prevention Plan that satisfies the requirements of the City’s stormwater program, Caltrans requirements and all other applicable regulatory agencies.

K. Prepare a traffic control plan that satisfies the requirements of the City and Caltrans.

III. Caltrans Permitting
Consultant to perform the following tasks:

A. Determine the permitting documents and process required by Caltrans (Project Report, Project Study Report, Preliminary Engineering Evaluation Report, Encroachment Permit, etc.)
B. Prepare all Caltrans required permit documentation for the project in accordance with Caltrans
C. Conduct coordination meetings with Caltrans to facilitate permitting.

D. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.

E. Assist the City and conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.

IV. Project Coordination - Preparation of Periodic Updated Schedule, Deliverables and Meetings

Consultant to perform the following tasks:

A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City shall include but are not limited to:

Project Kick-off Meeting, presentation of “Design Memo”, regular progress meetings and preparation for the Public Meetings at 50% and 90% design completion.

B. Provide periodic schedule updates on deliverables and meetings as changes to the original schedule occur or as needed based on the needs of the project.

V. Project Management
City to perform the following tasks:

A. Coordinate and oversee environment analysis, Caltrans coordination, permitting, Caltrans permitting, preliminary design, final design and public outreach.

CONSTRUCTION

The City may contract for construction management services for the project through the Request for Proposal process or perform construction management services with City staff. City staff will provide FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 5
Funding Agreement # 920000000MR31126
Rev: 11.1.14 5 FA Attachment C
Scope of Work
construction management oversight and hire consultants as necessary. The City will award a low-bid contract for construction. The following tasks shall be performed:

I. Construction Management
City and consultant to perform the following tasks:

A. The Construction Manager (City staff or consultant) will provide contract administration and construction management as well as materials testing and inspection.

B. The Construction Manager shall meet with the City and Design Consultant to perform work as needed to accomplish Project tasks including but is not limited to: Pre-Bid Meeting, Pre-Construction Meeting, regular progress meetings and the review and preparation of Request for Information responses, Request for Change Order responses, progress payment requests, submittals, shop drawings, change orders and project closeout.

II. Design Services During Construction – Responses to RFIs, RFCs, Progress Payment Requests, Review of Submittals, Shop Drawings and Change Orders Consultant to perform the following tasks:

A. The Design Consultant shall meet with the City and the Construction Manager and perform work as needed to accomplish Project tasks including but is not limited to: Pre-Bid Meeting, Pre-Construction Meeting, regular progress meetings and the review and preparation of Request for Information responses, Request for Change Order responses, progress payment requests, submittals, shop drawings, change orders, and project closeout.

III. Construction Contract

Contractor will perform the following tasks:

A. Construct project in accordance with the plans and specifications.

IV. Project Management
City to perform the following tasks:

A. Coordinate and oversee construction, construction management, and design services during construction.

B. Host Ribbon Cutting Ceremony.

MILESTONES: The estimated implementation schedule for this project will be as follows Milestone Estimated Timeframe
(a) Preliminary Design February 2017 – March 2019
(b) Final Design March 2019 –September 2023
FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 5
Funding Agreement # 920000000MR31126
Rev: 11.1.14 6 FA Attachment C
Scope of Work
(c) Environmental Analysis and Permitting September 2019 – October 2023
(d) Public Bid for Construction October 2023 – November 2023 (e) Award Construction Contract January 2024 – January 2024 (f) Construction January 2024 – June 2024

CONSTRUCTION MILESTONES: The estimated implementation schedule for this project will be as follows.

START DATE COMPLETION DATE
Solicitation (Bid/Proposal)
Develop Solicitation Package July 2023 October 2023
Solicitation Response November 2023
Evaluations December 2023
Selection December 2023
City Council Approval Process January 2024
Contract Award January 2024
Fully Executed Contract January 2024
Excavation
Clear/Grub January 2024 June 2024
Survey January 2024 June 2024
Grading January 2024 June 2024
Compaction January 2024 June 2024
Drainage January 2024 June 2024
Median & Associated Landscape Work January 2024 June 2024 Concrete January 2024 June 2024
Form Work January 2024 June 2024
Asphalt Concrete January 2024 June 2024
AC Overlay January 2024 June 2024
Traffic Control January 2024 June 2024
TMP January 2024 June 2024
Utilities January 2024 June 2024
DWP January 2024 June 2024
SCE January 2024 June 2024
Materials January 2024 June 2024
Staging January 2024 June 2024
Signage January 2024 June 2024

START DATE COMPLETION DATE
General Construction/close out project January 2024 June 2024 Change Orders
P.O. Processing Time January 2024 June 2024
Weather Delays January 2024 June 2024
Third Party Issues January 2024 June 2024
Claims January 2024 June 2024
FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 5
Funding Agreement # 920000000MR31126
Rev: 11.1.14 7 FA Attachment C
Scope of Work
ATTACHMENT C -Location Map(s)

Los Angeles Metropolitan Transportation Authority
2025 Federal Transportation Improvement Program ($000)
TIP ID LA0G956 Implementing Agency Malibu, City of
SCAG RTP Project #: 1O1013
Conformity Category: EXEMPT - 93.126
Project Description: Pacific Coast Highway Raised Median Channelization from Webb Way to Puerco Canyon Road. Install raised medians on Pacific Coast Highway for a distance of approximately 2 miles.

Study:N/A Is Model: NO Model #:

PM: Robert Brager - (310) 456-2489
Email: [email protected]
LS: N LS GROUP#:

EA #: PPNO:

Program Code: NCR34 - MEDIAN/MEDIAN BARRIER-UPGRADE Stop Loc:

Air Basin: SCAB Envir Doc: CATEGORICALLY EXEMPT - 11/01/2017 Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region: Las
Virgenes/Malibu COG
CTIPS ID:

Lane # Extd: Lane # Prop: Imprv Desc:

Toll Rate: Hov acs eg loc:

0.00 Toll Colc Loc: Toll Method:

System :State Hwy Phase: Construction/Implementation Complete, Project Open for Completion Date 09/30/2028 Use
Route :1 Postmile: 47 to 49 Distance: 2
PHASE PRIOR 24/25 25/26 26/27 27/28 28/29 29/30 BEYOND PROG TOTAL MR20H - Measure R 20% Highway PE $600 $0 $600
CON
RW
SUBTOTAL $3,050 $900 $3,950
$2,450 $900 $3,350
$0 $0 $0
TOTAL $3,050 $900
TOTAL PE: $600 TOTAL RW: $0 TOTAL CON: $3,350
$3,950
TOTAL PROGRAMMED: $3,950
- General Comment: Measure R decreased to supplement another Measure R project #MR311.11 - Modeling Comment:
- TCM Comment: no significant change made
- Amendment Comment:
- CMP Comment:
- Narrative:

Last Revised Amendment 25-02 - Submitted Change reason:COST DECREASE Total Project Cost $3,950

Agenda Item # 1.B.5.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Environmental Sustainability Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: January 8, 2025 Meeting date: February 10, 2025 Subject: Transfer Agreement for Receiving the Safe, Clean Water Program Municipal Program Funds
RECOMMENDED ACTION: Authorize the City Manager to execute a Transfer Agreement with the Los Angeles County Flood Control District (District) to receive Safe, Clean Water (SCW) funds.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

SCW Program Payments are generally available for disbursement by December 31, provided a duly executed transfer agreement is in effect. It is anticipated that revenue in the amount of $380,000 will be received for FY 2024-25 and allocated to Special Revenue Funds 218 (Measure W Fund).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: On November 6, 2018, Measure W was passed by Los Angeles County voters to create the Safe, Clean Water (SCW) Program which will provide local, dedicated funding for stormwater and urban runoff to increase local water supply, improve water quality, and protect public health. Los Angeles County Flood Control District (District) administers the SCW Program for the purpose of funding stormwater projects and programs.

The SCW Program generates up to $285 million per year from a special parcel tax of 2.5 cents per square foot of impermeable surface area on private property in the District.

The total revenue is divided between three programs: regional program (50%), municipal program (40%), and district program (10%). Forty percent (40%) of annual SCW Program tax revenues will be allocated to agencies within the District, in the same proportion as the amount of revenues collected within each municipality, to be expended City Council Meeting
02-10-25
Item

1.B.5.

Agenda Item # 1.B.5.
by those cities for the implementation, operation and maintenance, and administration of projects and programs that increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution.

Measure W funds are distributed proportionally, based on impervious areas, to each municipality in the County. During the first three years of the program, the City used the Municipal Program to help fund the following: Paradise Cove Stormwater Treatment facility operation and maintenance; Civic Center Stormwater Treatment facility operation and maintenance; Enhanced Watershed Management Program Update; and the Marie Canyon Green Streets project. The City first received funding from this Municipal Program in 2021 and, on average, has received $386,400 annually. Entering into a Municipal Program Transfer Agreement is necessary to continue to receive the annual SCW Program disbursement.

The City’s estimated municipal allocation for FY 2024-25 is $380,000. There are various County requirements the City must recognize and adhere to in order to remain compliant with SCW Program guidelines. The City is required to submit an Annual Plan to the District that details the use of funds for the upcoming fiscal year, submit an Annual Report on the utilization of the funds in the previous fiscal year, hold funds in a separate interest-bearing account and use them within five years, acknowledge the SCW Program at project sites and on all project documents, and obtain an independent audit every three years verifying compliance with the terms and conditions of the Agreement. The City has complied with all the above-listed requirements for the previous Agreement.

Additional detailed requirements can be found in the Municipal Transfer Agreement (Attachment A). The subject Agreement will expire at the end of the 2027-28 Fiscal Year.

ALTERNATIVES: Do not authorize the City Manager to execute a Transfer Agreement and reject the annual Safe, Clean Water Program funds for stormwater projects.

ATTACHMENTS: Transfer Agreement between the Los Angeles County Flood Control District and Malibu, Agreement No. 2024MP49

TRANSFER AGREEMENT BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND MALIBU AGREEMENT NO. 2024MP49
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Malibu, hereinafter referred to as "Municipality."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.

NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Year” means calendar year unless otherwise expressly indicated.

II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.

Los Angeles County Flood Control District Municipality: Malibu Name: Haris Harouny Name:

Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:

Phone: (626) 300-2620 Phone:

Municipal Program
Agreement No.2024MP49

Joe Toney
23825 Stuart Ranch Road
310-456-2489 ext. 224
Email: [email protected] Email:

Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.

III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBIT A – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.

B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.

C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.

V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.

B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section

18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.

C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.

D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.

VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.

VII. EXECUTION OF AGREEMENT
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.

The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (nonfacsimile/electronic) transmission of “original” versions of such documents.

Further, the District and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.

Municipal Program
Agreement No.2024MP49

[email protected]
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

By:

Name:

Title:

Date:

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By:

Name:

Title:

Date:

Municipal Program
Agreement No.2024MP49

EXHIBIT A–ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.

Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.

Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.

A-7. Provide the budget for the activities described in provisions A1 throughA-5 SCW Program Payment.

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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement

1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.

2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.

3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).

4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.

B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.

Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.

B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B-5. Assignment
The Municipality shall not assign this Agreement.

B-6. Audit and Recordkeeping

1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.

2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.

3. Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period th
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to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Due date example below.

Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028

4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program.

5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

B-7. Availability of Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.

B-8. Choice of Law
The laws of the State of California govern this Agreement.

B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.

B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code.

B-11. Compliance with Law, Regulations, etc.

The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.

B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.

Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project.

B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.

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All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.

SCW Program Payments shall not be used to pay for any costs of the mediation.

The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-15. Force Majeure.

In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

B-16. Funding Considerations and Exclusions

1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.

2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality.

B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.

The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.

B-20. Lapsed Funds

1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from Municipal Program
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the end of the fiscal year in which those funds are transferred from the District to the Municipality.

2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.

3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.

4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.

Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.

5. The decision to grant an extension is at the sole discretion of the District.

6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Example Below.

Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times.

B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding nondiscrimination in employment and equal employment opportunity.

B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice

1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.

2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.

3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District.

B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.

The District will not mediate disputes between the Municipality and any other entity concerning responsibility for Municipal Program
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performance of work.

B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.

1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments.
g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.

2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public.

3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:

1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument Municipal Program
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to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof.

3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan.

4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.

5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.

6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.

B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.

B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that:

1. The Municipality has violated any provision of this Agreement; or

2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.

3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.

4. Failure to submit annual reports on meeting SCW Program Goals.

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EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.

The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Municipalities are to include in eachAnnual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.

Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.

METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate-appropriate
vegetation
Use of native, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and climateappropriate
More than 35% covered by
new native vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
●Minimal negative impact
to existing drainage
system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
Municipal Program
Agreement No.2024MP49

Creation &
Restoration of
Riparian Habitat &
Wetlands
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing offsite runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter
Municipal Program
Agreement No.2024MP49

EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth. o Prevent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or diseased plants regularly.
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.

3. Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species.
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.

4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).

Municipal Program
Agreement No.2024MP49

• Inspect shade structures for structural damage or defacement. • Inspect hardscapes.
• Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.

6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.

7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise). • Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.

8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors.

Municipal Program
Agreement No.2024MP49

Agenda Item # 1.B.6.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Yolanda Bundy, Environmental Sustainability Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: January 8, 2025 Meeting date: February 10, 2025 Subject: Amendment to Agreement with Rincon Consultants, Inc to Provide On-Call Environmental Consulting Services
RECOMMENDED ACTION: 1) Authorize the Mayor to execute Amendment No. 1 to the Profession Services Agreement with Rincon Consultants, Inc. to increase the total agreement compensation from $340,000 to $960,000; and 2) Approve a budget amendment to transfer $620,000 from Account No. 101-2004-5100 (Building Safety Professional Services) to Account No. 101-3003-5100 (Clean Water Professional Services).

FISCAL IMPACT: No additional appropriation is required. This is a budget transfer from Account No. 101-2004-5100 (Building Safety Professional Services) to Account No. 101- 3003-5100 (Clean Water Professional Services).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Strategic Priority Project List.

DISCUSSION: On May 28, 2024, the City entered into a two-year, $340,000 agreement with Rincon to provide on-call and as-needed environmental services, such as stormwater management, water quality compliance, and general project management.

As the on-call consultant, Rincon’s team has demonstrated commitment to the City's objectives by delivering technical water quality monitoring and reporting services, along with offering regulatory assistance and strategic planning. Their expertise spans critical areas such as the Los Angeles Municipal Separate Storm Sewer System Permit (MS4), the Watershed Management Plan (WMP), and the Coordinated Integrated Monitoring City Council Meeting
2-10-25
Item

1.B.6.

Agenda Item # 1.B.6.

Plan (CIMP), significantly contributing to the advancement of the City's environmental initiatives.

The existing contract was intended to cover a range of tasks aimed at supporting the environmental compliance programs. During the current fiscal year, Rincon has been utilized to complete duties, on a short-term basis, for two staff positions that were vacant and have recently been filled. Currently, without a full-time Environmental Compliance Coordinator, the City must continue to implement environmental policies and procedures and complete essential duties that are administered through the Department, and which overlap with the Public Works Department, requiring coordination across the departments. Recently, they submitted the City’s annual Municipal Stormwater Report which encompasses pollution prevention activities from multiple departments. Rincon provides both in-person and remote support and has the technical qualifications needed for responsive and adaptable services.

During the Franklin Fire and in the recovery phase, Rincon has provided substantial support. The immediate needs include coordinating the City’s response to landslides, including performing inspections and monitoring sites for temporary erosion control measures. Interdepartmental coordination is needed to track multiple cases of earth movement in the burn areas. Rincon staff are prepared to provide emergency response during the rainy season. Further, they have experience from last year’s El Nino storms and are familiar with the City’s handouts and checklists which include Best Management Practices for slope failure sites.

Anticipated growing needs include conducting research on the City’s Salt and Nutrient Management Plan and developing the framework of a workplan that will chart out how this review, data assessment, and potential update will occur. This task will require ongoing discussions with the Regional Board to ensure that the City is well informed about all options. It is also expected that the City will need technical support to update the WMP and the CIMP to ensure alignment with goals and regulatory requirements.

With a highly versatile team and an engaged, responsive relationship, Rincon will act as an extension of staff and continue to help the City develop sustainable solutions for its various needs. All tasks will be initiated only upon written authorization from the City.

Staff is requesting to increase the amount of the agreement by an additional $620,000 so that the total compensation for services will be $960,000. This increase to the contract is based on projected costs for specific deliverables. The overall impact of the proposed fund transfer from an existing account would be absorbed and net neutral in the Adopted Budget.

ATTACHMENTS: Amendment No. 1 to Agreement with Rincon Consultants, Inc.

AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on January 27, 2025, by and between the CITY OF MALIBU, hereinafter referred to as City, and Rincon Consultants, Inc., hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On May 28, 2024, the City entered into an Agreement with the Consultant for some projects regarding on-call environmental consulting services (the “Agreement”).

B. The City desires to increase the compensation for services by $620,000, for a total amount not to exceed $960,000.

NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 4.0 - Compensation for Services. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement under the Scope of Work's fee and cost schedule (Exhibit B). The cost of services shall be increased by $620,000, for a total amount not to exceed $960,000. No additional compensation shall be paid for any other expenses incurred unless first approved by the City Manager or designee.

2. The Parties agree that this Amendment will be considered signed when a party's signature is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated as having the same effect as an original signature.

3. All terms and conditions of the Agreement not amended by Amendment No. 1 remain in full force and effect.

This Agreement is executed on January 27, 2025, at Malibu, California, and effective as of January 27, 2025.

CITY OF MALIBU:
____________________________________
DOUG STEWART, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By TORIN R. SNYDER
Title: Principal, Rincon Consultants, Inc.

Agenda Item # 1.B.7.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Yolanda Bundy, Environmental Sustainability Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: January 27, 2025 Meeting date: February 10, 2025 Subject: Contract with Clean Harbors Environmental Services, Inc.

RECOMMENDED ACTION: 1) Receive and file a report on an emergency contract with Clean Harbors Environmental Services, Inc. (Clean Harbors) for Franklin Fire environmental clean-up services, including asbestos surveys and hazardous waste removal services for fire damaged and destroyed properties; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 101-2004-5100 (Building Safety Professional Services)
STRATEGIC PRIORITY: This item is not identified in the Adopted FY 2023-24 Strategic Priority Project List; it is part of emergency operations.

DISCUSSION: On December 9, 2024, the Franklin Fire started in the Santa Monica Mountains on Malibu Canyon Road, south of Piuma Road. The fire, combined with high winds and power outages created conditions of extreme peril to the safety of persons and property. The Acting Director of Emergency Services (Acting City Manager) proclaimed the existence of a local emergency on December 10, 2024.

At the December 16, 2024, Special City Council Meeting, the City Council adopted Resolution No. 24-64 confirming the existence of a local emergency due to the Franklin Fire. While $25,000 is the standard threshold for contracts that must be approved by the City Council, the City’s purchasing ordinance (Chapter 2.56) allows for greater flexibility when making purchases for supplies or services in response to a local emergency. This City Council Meeting
02-10-25
Item

1.B.7.

Agenda Item # 1.B.7.
provision allows the City to act expediently when trying to address and mitigate the danger posed by a local emergency.

The tragedy of the Franklin Fire caused damage to structures, leaving behind a significant amount of fire debris. Fire debris, including ash and partially burned materials from a fire, can pose significant environmental and safety concerns due to the potential presence of hazardous substances like heavy metals (lead, mercury, arsenic), asbestos fibers, and various toxic chemicals, which can contaminate air, soil, and water when not properly managed, leading to health risks through inhalation, ingestion, and skin contact.

For the safety of the community, properties must be surveyed for heavy metals and asbestos, and hazardous waste must be removed. This service must be performed by specialized contractors. Through research and communication with other communities such as Camarillo, it was determined that Clean Harbors can assist the City with the necessary environmental clean-up following the Franklin Fire. Clean Harbors delivers a broad range of services including but not limited to end-to-end hazardous waste management, emergency response, asbestos and heavy metal surveys, and industrial cleaning and maintenance and recycling services. The size of the clean-up is small enough that Clean Harbors will not need to stage and will be able to utilize a box truck to truck loads to the processing facility directly from the individual properties.

Under the authority of the emergency declaration, the City Manager executed a contract with Clean Harbors on January 28, 2025, for $150,000 to provide Franklin Fire environmental clean-up services, including heavy metal and asbestos surveys and hazardous waste removal services. This contract will allow the City to maintain a safe environment by expediting and streamlining the asbestos surveys and the hazardous waste removal process.

ATTACHMENTS: Agreement with Clean Harbors Environmental, Inc.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of December 20, 2024, by and between the City of Malibu (hereinafter referred to as the "City"), and Clean Harbors Environmental Services, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to Household Hazardous Waste and Environmental services related to the Franklin Fire.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A and B of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

The Consultant agrees to
provide the services and perform the tasks set forth in the Scope of Work in Exhibits A and B, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibits A or B conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on December 23, 2024, and will remain in effect from said date through the completion of the project unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein. In no event shall the term of this Agreement be more than two (2) years from the effective date of December 23, 2024.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of fee and cost schedule (Exhibit C). The cost of services shall not exceed $150,000.00 for the term of the Agreement. Notwithstanding the foregoing, in no event shall the costs of services exceed $83,531.59 unless the City Manager, or his or her designee, approve use of the contingency fund amount set forth in Exhibit C. Such City Manager approval must be Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

made in writing and in advance. No additional compensation in excess of $150,000 shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Consultant represents that no City employee or official has a material s a
result of being awarded this contract, the Consultant shall not offer, encourage or accept any official.

5.2 shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit D which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and and against
and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this sole or active negligence or willful misconduct.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the the extent the mat
omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to costs of litigation.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the work or services. Acceptance of payment shall be any Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

claim within
ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the plans. Should the Consultant fail to make such
correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Joseph Toney
Acting City Manager
City of Malibu
23825 Stuart Ranch Road
CONSULTANT: Jen McLaughlin
District Vice President
Clean Harbors Env. Svcs., Inc.
880 Verdulera Street
Malibu, CA 90265-4861 Camarillo, CA 93010
TEL (310) 456-2489 x 226 TEL (805) 914-1472
FAX (310) 456-2760
With a copy to:

Clean Harbors Environmental
Services, Inc.
42 Longwater Drive
Norwell, MA 02061
Attention: General Counsel (Urgent
Contract Matter)

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby
one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the with those obligations at his or her expense. Prior to consultant commencing services hereunder, o consultant a memorandum detailing the extent of
Code.

City Initials
Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

Consultant Initials

7.2 Disclosure not Required. By their initials next to this paragraph, City and the scope of the definition of consultant in Fair Political Practice Commission Regulation of Interest Code.

City Initials
Consultant Initials
This Agreement is executed on December 23, 2024, at Malibu, California, and effective as of December 23, 2024.

CONSULTANT:

By: Jen McLaughlin
CITY OF MALIBU:

JOSEPH D. TONEY, City Manager
ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:

TREVOR RUSIN, Interim City Attorney
Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

EXHIBIT A

SCOPE OF WORK

HOUSEHOLD HAZARDOUS WASTE
Emergency HHW Home Collection Work Plan
The following is a brief summary of Clean Harbors Emergency HHW Home Collection process.

1. The City identifies residents that will participate in this program.

2. A collection date is scheduled.

3. Clean Harbors works with local CUPA and prepares permit if necessary.

4. Clean Harbors prepares necessary profiles and submits to City for approval. Profiles are then approved by our Central Profile Group.

5. Clean Harbors provides the City with information for residents on details of pickup including on acceptable/unacceptable items and proper packaging. Clean Harbors can request

6. By 7a.m. on the scheduled pickup day, the resident places their material in the agreed upon secured area on their property, typically a front porch or driveway.

7. On the scheduled day our professional staff arrives at the residence and will first show their Company ID badge to the resident if resident is home. They will then inspect the contents of the HHW kit. All acceptable material is transferred onto the Clean Harbors truck. The materials are then segregated by hazard class and properly packaged in UN approved shipping containers for transport and proper shipping documents for waste transportation are prepared.
a. In the event that unacceptable materials are present, the unacceptable materials will be packaged into a bag and left in place. If the resident is home they will be verbally notified of the unacceptable materials; if the resident is not home, a written notice will be left indicating why the material was not collected. Residents may always contact Clean Harbors for further assistance to properly dispose of any unacceptable waste.

8. After the last pickup of the week is performed the UN shipping containers are closed and all appropriate shipping documents are completed and finalized for proper transport and disposal.

9. e
identification of each residence, amounts & types of waste collected at each residence and material types and volumes of wastes which were managed via recycling.

Lab and Loose Packing
Once materials are identified and segregated, the appropriate packaging method for each container is determined in accordance with container size, type, and hazardous characteristics.

When lesser quantities are accumulated, smaller drum sizes are used in proportion to the amount of material to be packaged, so as to minimize the overall cost to the City.

Aerosol Cans and Flammable Solids (i.e. Tars and Adhesives) will be loose packed separately into cubic yard boxes. Other candidates for loose packing include non RCRA solids, detergents and grease. Loose packs may contain 5 gallon or smaller non-leaking inner containers; glass inner containers are not acceptable in loose packs, instead they must be lab packed.

Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

Acids, bases, toxics, and oxidizers will be lab packed, with up to 25 gallons of liquids or 400 pounds of solids allowed per 55 gallon lab pack. These volume limitations ensure that each full -rating and additionally they help ensure the safety of our TSDF employees who later handle the drums. Also for health and safety reasons, metal drums with poly liners will not be used to package corrosive lab packs. Experience has found that these liners can tear during shipment if any of the waste has jagged edges (which can often be the reason a resident is getting rid of the item in the first place). Liner tearing can result in drum leakage or dangerous chemical reactions when some corrosives come in contact with metal. For safety reasons, Clean Harbors does not bulk HHW acids or bases, bulked acids and bases bulked from HHW programs have been the cause of several incidents involving reacting drums at TSDFs.

Solid pesticides/fertilizers will be loose packed into cubic yard boxes or drums; however, liquid poisons/toxics will be lab packed into 55-gallon drums. Reactive will be lab packed into 5-gallon pails with up to one gallon of liquid or five pounds of solids.

Should the resident inform our staff that they have unacceptable materials, we will always assist residents in finding proper outlets for all unacceptable materials. Unacceptable items include:

Biological Waste
Medications
Ammunition and Explosives
Asbestos
Commercially-generated chemicals or hazardous wastes
Construction-related materials
Containers over 5 gallons
Fire extinguishers
Gas cylinders/pressurized cylinders
Liquid/Elemental mercury and broken items that contain mercury Materials improperly packaged for transportation including leaking containers Medicines/pharmaceuticals
Radioactive materials: smoke detectors
Tires
Trash and white goods including bulky items
Unknown or unlabeled materials
Recordkeeping and Waste Tracking
All manifests, worksheets, weight tickets, and other related documents associated with every job Clean Harbors manages are scanned into our Document Imaging and Retrieval System. Scanned images are indexed for viewing, updating, and linking to waste tracking reports. be downloaded from our website and printed within seconds. Clean also keep hard copies of all signed shipping paperwork in storage.

Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

The moment a truck arrives with waste at any one of our Service Centers, Clean Harbors assigns to each container a unique tracking number. This number is printed on labels as corresponding bar codes and attached to each drum.

Every time the containers are moved, whether from truck to truck or from one location to another in a facility, the bar code labels are scanned and the data is uploaded into our Waste Information Drums and/or boxes that are bulked/consolidated into larger containers (i.e. tanks, roll offs, etc.) are also noted in WIN; and a new tracking number is created that lists all the original numbers.

Regardless of where the material is shipped, WIN will have the ability to generate real-time reports mapping the path that your waste took from pickup to final disposal/recycling.

These Waste Tracking Reports will include a signed Certificate of Disposal and will indicate:

The manifest number(s)
number
The new tracking number if bulked/consolidated
The final disposal facility
The waste management method code
The date of final disposal/recycling
Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

EXHIBIT B

SCOPE OF WORK

ASBESTOS
The first task included the project manager and survey for each property. This does not include any deconstruction work, disposal nor the CAM 17 clearance.

Clean Harbors will provide pricing for the decontamination once the survey results have been completed based on each property report.

The second task covers the transportation of two 40-yard bins for the railroad ties. This does not include any labor for consolidating the wood ties. Clean Harbors includes this to ensure that no homeowner contractor dispose
behalf. This is to prevent contractors from improperly disposing of the ties as trash and to avoid any issues with the city.

The plan is as follows:

Day 1: The equipment driver will drop off the bins.

Day 2: The equipment driver will pick up the loaded bins.

Day 3: The equipment driver will transport the bins to the disposal site.

The third task covers the disposal of any consolidated wood ties. Please note that no labor is included for the consolidation of the ties.

Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

EXHIBIT C

HOUSEHOLD HAZARDOUS WASTE (HHW)
TASK 1: TOTAL LABOR, EQUIPMENT, AND MATERIAL
$295.00 per household, estimated 20 households - $5,900.00 Estimated Recovery Fee $914.50
Estimated Waste Fee $1.18
Estimated CARRAA Fee $147.50
Estimated total, including Fees $6,963.18

WASTE CLASSIFICATIONS SPECIFICATIONS
Waste Code Description
EEE - Equipment for Reclamation
Computer keyboards and terminals
Misc equipment (compressors, machinery, refrigeration units) No batteries
Refrigeration units limited to Freons only, no Ammonia
Other miscellaneous equipment
PRIMARY DISPOSAL METHOD: RECLAMATION
TASK 2: PER POUND DISPOSAL (OVER 100 POUNDS)
$2.50 per pound, estimated 1 pound - $2.50
Estimated Recovery Fee $0.39
Estimated CARRAA Fee $0.06
Estimated total, including Fees $2.95

QUOTE SUMMARY
TASK 1: PER HOUSEHOLD RATE (UP TO 100 POUNDS) - $5,900.00 $295.00 per household, estimated 20 households
TASK 2: PER POUND DISPOSAL (OVER 100 POUNDS) - $2.50
$2.50 per pound, estimated 1 pound
Subtotal $5,902.50
Estimated Recovery Fee $914.89
Estimated Waste Fee $1.18
Estimated CARRAA Fee $147.56
HHW TOTAL $6,966.13

ASBESTOS
TASK 1: MALIBU/ SURVEY PROPERTIES
1 Project Manager - 8 hour - 3 Days - $118.00 - $2,832.00 1 Pickup/Van/Car/Crew Cab - 3 days - $150.00 - $450.00
19 ASBESTOS Survey & Procedure 5 Per Property
1 each - $2,600.00 - $49,400.00
Total $52,682.00
Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

TASK 1: TOTAL ESTIMATE $52,682.00
Estimated Recovery Fee $8,165.71
Estimated CARRAA Fee $1,317.05
Estimated total, including Fees $62,164.76
TASK 2: TRANSPORTATION
1 Equipment Operator 8 hours 3 Days - $88.00 - $2,112.00 1 Equipment Operator, Overtime 4 hours - 3 Days $132.00 - $1,584.00 1 Project Manager 8 hour 1Day - $118.00 - $944.00
1 Tractor w/Rolloff Trailer 12 hour - 3Days - $109.00 - $3,924.00 2 Rolloff Container with Tarp & Bows
1 day n/a $23.00 $46.00
Total $8,610.00
TASK 2: TOTAL ESTIMATE $8,610.00
Estimated Recovery Fee $1,334.55
Estimated CARRAA Fee $215.25
Estimated total, including Fees $10,159.80
TASK 3: RAILROAD TIES/ DISPOSAL

DISPOSAL
CNO - NON HAZARDOUS SOLID - $200.00 / ton*
*The following minimum price(s) will apply:

CNO container - $1,000.00

TRANSPORTATION
Buttonwillow, CA Facility - Rolloff Trailer Double Container Transportation is covered by Labor, Equipment, and Materials for other tasks.

ACCESSORIALS
Rolloff Poly Liner $0.00 Each
Drop off fee $0.00 Each
Rolloff Container with Tarp & Bows $0.00 per Day
Bin Top Stabilization $375.00 Each
Washout of Rolloff, Intermodal or Dump Trailer $0.00 Each

QUOTE SUMMARY
TASK 1: MALIBU/ SURVEY PROPERTIES $52,682.00
TASK 2: TRANSPORTATION $8,610.00
TASK 3: RAILROAD TIES/ DISPOSAL $3,575.00
Subtotal $64,867.00
Estimated Recovery Fee $10,054.39
Estimated Waste Fee $22.40
Estimated CARRAA Fee $1,621.68
ASBESTOS TOTAL: $76,565.46
HHW TOTAL: $6,966.13
CONTINGENCY: $66,468.41
HHW AND ASBESTOS PROJECT TOTAL PLUS CONTINGENCY: $150,000.00 Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

EXHIBIT D

INSURANCE LANGUAGE
of City, and prior to commencement of work
and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work 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.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Consulta
$1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
Concurrency of effective dates with primary policies.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis - insurance shall be called upon to
protect it as a named insured.
. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the 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. If any of e unwilling to provide such notice, then Consultant shall have the -renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

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.

Separation of Insureds
whom claim is made or suit is brought, except with res
policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements ork and
services, with limits less than required of the Consultant, but in all other terms consistent with Agreement for Professional Services
Clean Harbors Environmental Services, Inc.

Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review. . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant compensation.

Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or re
and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Agenda Item # 1.B.8.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Brandie Ayala, Senior Management Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Joseph D. Toney, Acting City Manager
Date prepared: January 30, 2025 Meeting date: February 10, 2025 Subject: Emergency Public Works Agreements
RECOMMENDED ACTION: 1) Receive a report on the approval of emergency Public Works agreements with Vido Artukovich & Son, Inc. / Vidmar, Inc. JV and Diamond Construction, Inc. for emergency repairs in order to immediately preserve public safety; and 2) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

FISCAL IMPACT: Funding for these agreements was not included in the Adopted Budget for FY 2024-25. Public Works Agreement for the installation of drainage infrastructure in Big Rock neighborhood will be charged to 102-9223-5100 and Public Works Agreement for the repairs of the Rambla Vista walls will be changed to 102-9224-5100 (Palisades Fire). The existence of the local emergency may qualify the City for reimbursement of certain expenditures associated with disaster response and recovery.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.

DISCUSSION: On January 7, 2025, a fire broke out in Pacific Palisades, north of Pacific Coast Highway (PCH) in between Temescal Canyon Road and Palisades Drive. The fire spread west, affecting areas within the jurisdiction of City of Los Angeles, County of Los Angeles, and the City of Malibu. The fire combined with a historic Santa Ana Wind event and power outages created conditions of extreme peril to the safety of persons and property. The Acting Director of Emergency Services (Acting City Manager) proclaimed the existence of a local emergency on January 8, 2025, and the proclamation was ratified by the City Council on January 15, 2025.

City Council Meeting
02-10-25
Item

1.B.8.

Agenda Item # 1.B.8.

The City of Malibu’s Emergency Operations Center was activated at a Level 1 on January 7, 2025, and continues to remain active. Once it was safe, the Public Works Director and field staff were able to conduct damage assessments to the public infrastructure in the burn area. It was determined that repairs to existing retaining walls on Rambla Vista were needed to stabilize the hillsides and prevent any future damage to the City’s roadway. It was also determined that the destroyed drainage infrastructure in the Big Rock neighborhood needed to be replaced immediately to protect the Big Rock community from further damage. With the potential winter storms, these repairs need to completed as soon as possible to avoid any further damage.

Under the authority of the emergency declaration, the Acting City Manager executed two Public Works emergency agreements: Vido Artukovich & Son, Inc. / Vidmar, Inc. JV in the amount of $1,000,000 and Diamond Construction, Inc. in the amount of $719,100.

ATTACHMENTS:

1. Vido Artukovich & Son, Inc. / Vidmar, Inc. JV Public Works Agreement

2. Diamond Construction Public Works Agreement

CITY OF MALIBU

PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as January 7, 2025 by and between Vido Artukovich & Son, Inc / Vidmar, Inc. JV (hereinafter referred to as “CONTRACTOR”) and the City of Malibu, California, a municipal corporation (hereinafter referred to as “CITY”).

R E C I T A L S
A. Pursuant to the Malibu Municipal Code, California Public Contract Code section 22035, and other relevant codes and state laws, this Agreement is entered into for emergency repairs and related emergency needs within the City.

B. The Contractor warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

C. The City desire to contract for and Contractor agrees to provide labor, equipment and material for the Palisades Emergency Repairs in the City of Malibu.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Palisades Emergency Repairs in the City of Malibu.

The work shall be performed in accordance with the Plans and Specifications (as more particularly described in Exhibit A, attached to this Agreement and incorporated in full) and in accordance with Rates and Costs set forth in Exhibit B (attached to this Agreement and incorporated in full). The Plans and Specifications, Rates and Costs, and Scope of Work shall be in accordance with the instructions and direction of the City Engineer, or City’s Manager’s designee.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project, a complete set of which is on file with the Malibu City Clerk’s Office, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This Agreement is intended to require Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
Vido Artukovich & Son, Inc / Vidmar, Inc. JV

a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the Agreement or not.

Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in Exhibit B as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 60 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1000 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREVAILING WAGES:

A. Pursuant to Labor Code Section 1720, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
Vido Artukovich & Son, Inc / Vidmar, Inc. JV

http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONTRACTOR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.

D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
(5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
(6) CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
Vido Artukovich & Son, Inc / Vidmar, Inc. JV

(7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.

F. CONTRACTOR and its subcontractors must comply with Labor Code Sections 1725.5 and 1777.1, including the requirement that registration with the DIR be maintained through the term of the Project. The City may, from time to time, request evidence of current registration.

6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

8. CONTRACTOR'S LIABILITY: The City of Malibu and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
Vido Artukovich & Son, Inc / Vidmar, Inc. JV

subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.

CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
Vido Artukovich & Son, Inc / Vidmar, Inc. JV

obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim.

10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, 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 worker's 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.”
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.

12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

14. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

15. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the effective date set forth on the Agreement signature page.

16. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.

CONTRACTOR shall maintain a City of Malibu business license, if required under CITY ordinance.

17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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18. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.

19. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein.

Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

20. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.

21. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.

Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Robert DuBoux, Public Works Director/City Engineer Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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CONTRACTOR
Vido Artukovich & Son, Inc / Vidmar, Inc. JV
11155 Rush Steet
South El Monte, CA 91733
Attn: Vido Artukovich

22. DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code Sections 10240-10240.13.

23. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

24. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

26. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.

This Agreement is executed on this day of __________________, 2025, at Malibu, California, and effective as of ___________________, 2025.

CITY OF MALIBU:
_______________________________________
JOSEPH D. TONEY, Acting City Manager
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
CONTRACTOR:
________________________________________
Name, Title
CONTRACTOR’S State of California License No.
________________________________________
CONTRACTOR’S Business Phone No.
_________________________________________
CONTRACTOR’S Emergency Phone No. at which
contractor can be reached at any time
_________________________________________
_________________________________________
_________________________________________
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 726231
626-444-4286
562-607-2616
626-260-6986
Managing Partner
626-945-0494
7 January 27
February
Public Works Agreement
Vido Artukovich & Son, Inc / Vidmar, Inc. JV

EXHIBIT A

PLANS AND SPECIFICATIONS
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Public Works Agreement
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EXHIBIT B

RATES AND COSTS

PHASE ONE
Remove and replace damaged retaining walls on Rambla Vista (east and west) at a cost of $150,000

PHASE TWO
Purchase materials including trenching plates, drainage pipes and other materials associated with the replacement of damaged retaining walls on Rambla Vista (east and west) and replacing destroyed drainage infrastructure in the Big Rock neighborhood at a cost of $385,000.

PHASE THREE
Install drainage piping in the Big Rock neighborhood at a cost of $500,000.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Bond Number: 728CSJC5063
Premium: $7,940.00

BOND FOR FAITHFUL PERFORMANCE
BOND N0.

KNOW ALL PERSONS BY THESE PRESENTS:

Vido Artukovich & Son Inc/Vidmar Inc a JV That we, hereinafter referred to as “Contractor” as principaL and Hartford Fire Insurance Company hereinafter referred to as “Surety,” are held and firmly bound unto the City of Malibu, California, hereinafter referred to as Dollars “City”, or “Obligee” in the sum of one Mimon and 00/100 ($ 1-000-000-00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

This condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City of Malibu, California, for the construction of Palisades Emergency Repairs project and is required by said City to give this bond in connection with the execution of said Contract.

NOW, THEREFORE, if said Contractor shall well and truly do and perform all the Covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void one year after date of recordation of Notice of Completion by City of the completed work; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney’s fee, to be fixed by the court.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 BOND FOR FAITHFUL PERFORMANCE (cont’d)
iT IS FUTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety thereunder, no shaH any extension of time granted under the provisions of the Contract release either the Contractor of the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this 23rd day of January ,2025.

Vido Artukovich & Son Inc/Vidmar Inc a JV
Contractor
By Vldo Artukov1ch
Managing Eartner
Title
Title
Hartford Fire lnsurance Company
Surety
"‘7
By Noemi Quiroz, Attomey- n-Fact
W
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

SEE ATTACHED

FORM TO ACCOMPANY BOND FOR FAITHFUL PERFORMANCE

STATE OF CALIFORNIA

COUNTY OF

CITY OF
SS.

On this day of ,2025,
before me, the undersigned, a Notary Public in and for said County and State, residing therein, duiy commissioned and sworn, personaiiy appeared proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument; and know to be the of
and the same person whose name is
subscribed to the within instrument as the of
said and the said
duly acknowledged to me that he/she subscribed the name of thereto as Surety and his/her own name as
i certify under PENALTY OF PERJURY under the iaws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public in and for said
County and State aforesaid.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
appeared oemi ulroz who proved to me on the basis of satisfactory evidence to be the personi-s) whose nameis-l is,£are subscribed to the within instrument and acknowledged to me that heylshe7Lt-hey executed the same in his7lhe#thei-F authorized capacityéies-l, and that by highenLt-heir signatureis-l on the instrument the person(-s-), or the entity upon behalf of which the person(-s-) acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

C. L. HERNANDEZ
7 Notary Public - California
L05 Angeles County
Commission # 2414374
My Comm. Expires Sep 27 2-026 Signature W”
l‘mmwmi '
(Seal) C L Hernandez Notary Publi
State of California )
)ss
County of Los Angeles )
On i 2% 2J3 , before me, C.L. Hernandez, Notary Public, personally Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
n. u. - - a
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On 13 202.5 before me, Vic
Date Here Insert Name and Tit/e of the Officer
personally appeared VII“) Hm Kml‘Id/I
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature
P/ace Notary Seal and/or Stamp Above Signature o Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
©2019 National Notary Association
Title or Type of Document:

DocumentDate: Numberof Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

D Corporate Officer — Title(s): D Corporate Officer — Title(s):

D Partner— El Limited D General D Partner— D Limited D General D individual U Attorney in Fact El individual D Attorney in Fact D Trustee D Guardian orConservator D Trustee D Guardian or Conservator El Other: D Other:

Signer is Representing: Signer is Representing:

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Bond Number: 72BCSJC5063
Premium lncluded in Charge for
BOND FOR MATERIAL SUPPLIERS AND LABORERS P9“mance Bond, KNOW ALL PERSONS BY THESE PRESENTS:

Vido Artukovich & Son Inc/Vidmar Inc a JV That we, hereinafter referred to as “Contractor” as principal, and Hartford Fire 'nsurance CompaWhereinafter referred to as “Surety,” are held and firmly bound unto the City of Malibu, California, hereinafter referred to as Doiiars “City", or “Obligee” in the sum of
($ 1,000,000.00 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

The Condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City, for the construction of Palisades Emergency Repairs project, and is required by City to give this bond in connection with the execution of said Contract.

NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors, fails to pay for any materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect to such work or labor, said Surety will pay fOr the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 BOND FOR MATERIAL SUPPLIERS AND LABORERS (cont’d)
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shaii not in any way release either the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this 23rd day of January ,2025.

Vido Artukovich & Son lnc/Vidmar lnc a JV
By
Contractor W
@1do Ar€6k0v1ch
Managing Partner
Title
Title
Hartford Fire insurance Company
Surety
By Noemi
JQr
Qulroz Attornfy in-Fact
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

SEE ATTACHED

FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS

STATE OF CALIFORNIA

COUNTY OF

CITY OF
SS.

On this day of . 2025,
before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and swom, personally appeared proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument; and know to be the of and the same person whose name is subscribed to the
and his/her own name as
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public in and for said
County and State aforesaid.
within instrument as the of said
and the said duly acknowledged to me
that he/she subscribed the name of thereto as Surety
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
appeared Noemi Quiroz ,who proved to me on the basis of satisfactory evidence to be the personls) whose nameésl iskre subscribed to the within instrument and acknowledged to me that he7lshe7Lt-hey executed the same in WhenLt-hei-F authorized capacityl-iesl, and that by Whenttheir signaturel—s-l on the instrument the person(-s-), or the entity upon behalf of which the personl-s-l acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

C.

Notary Public - California
Los Angeles Countv
My Comm.

Commission
Expire:
.‘
szep
1414374
7 2025 Signature: .‘ i ‘
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(Seal) C.L. Hernandez, Notary Public
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County of Los Angeles l
On l; 2% I~ 225 , before me, C.L. Hernandez, Notary Public, personally Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 Direct Inquiries/Claims to:

TH E HARTFORD
BOND, T-11
One Hartford Plaza
Hartford, Connecticut 061 55
[email protected]
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: ALLIANT INSURANCE SERVICES INC Agency Code: 72—256704 Hartford Fire Insurance Company, a corporation duly organized under the laws ofthc State of Connecticut Hartford Casualty Insu rance Company. a corporation duly organized under me laws ofthc State of Indiana Hartford Accident and lndemn ity Company‘ a corporation duly organized under the laws ofrhe State of Connecticut E Hartford Underwriters lnsu rance Company, a corporation duly organized under the laws ofthe State of Connecticut E Twin City Fire insurance Company, a corporation duly organized under die laws of the State of Indiana E Hartford Insurance Company 0f Illinois, a corporation duly organized under the laws of the State oflllinois E Hartford Insurance Company 0f the Midwest, a corporation duly organized under the laws of the State of Indiana E Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home ofnce in Hartford, Connecticut, (hereinafter collectively referred to as the “Companies") do hereby make, constitute and appoint, up to the amount of Unl imited :

Jessica Rosser of Dallas TX , E . S . Albrecht Jr . , Patricia S . Arana , Virginia R Bradshaw, C.K. Nakamura, Maria Pena, Noemi Quiroz, Lisa L. Thornton, Tim M. Tomko, Natalie K. Trofimoff of LOS ANGELES, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by E, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Wce President and its corporate seals to be hereto anixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.

Shelby VWggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President

STATE OF FLORIDA
ss. Lake Mary
COUNTY OF SEMINOtE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals atiixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. “I'm, ’vtxr a i
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' E‘- \‘ My Commission HH 122280 ' r l r r 3 ‘
Ewires June 20, 2025
rrru,,
copy of the
l, the
Power
undersigned,
of Attorney
Assistant
executed
Wce
by said
President
Companies,
of the whichCompanies,
is still DOIn full
HEREBY
force effectlve

CERTIFY
as of
thatJanuary the above and 23 Iforegoing 2 25 is a true and correct Signed and sealed in Lake Mary, Florida.

Keith D. Dozois, Assistant Vice President
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

CALIFORNIA ACKNOWLEDGMENT
‘.‘. . ~ n. u
A notary public or other officer completing this certificate verifies oniy the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CIVIL CODE § 1189
County of MS Rm{ \(S
State of California
before me
Date ere Insert Name and T/tle of the Icer
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument GUADALUPE MARIE NAVA Notary Public ‘ California Los Angeles County Commission # 2394032 My Comm. Expires Feb 15. 2026 Place Notary Sea/ and/or Stamp Above

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:

D Corporate Officer — Title(s):

D Partner— D Limited D General
D individual D Attorney in Fact
El Trustee D Guardian or Conservator
El Other:

Signer is Representing:
l certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Sig natu re
Sig ature of Notary Public
Numberof Pages:

Signer’s Name:

D Corporate Officer — Title(s):

D Partner— D Limited D General
D Individual D Attorney in Fact
D Trustee El Guardian or Conservator
D Other:

Signer is Representing:
. -
©2019 National Notary Association
Name(s) of Signer(s)
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
1/22/2025
Alliant Insurance Services, Inc.
333 S Hope St Ste 3750
Los Angeles CA 90071
Lenessa Weatherford [email protected] License#: 0C36861 Arch Indemnity Insurance Compa 30830 VIDOART-02 Arch Insurance Company 11150 Vido Artukovich & Son, Inc.
11155 Rush St
South El Monte, CA 91733
555937935
B X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X X
Y Y 71PKG2091800 12/31/2024 12/31/2025
2,000,000
B 1,000,000 XY Y 71PKG2091800 12/31/2024 12/31/2025
Comp./Coll. Ded. *See Below
B X X 10,000,000 Y Y 71UFP2091800 12/31/2024 12/31/2025 10,000,000 X
$10,000
A Y 71WCI2091800 12/31/2024 12/31/2025
X
1,000,000 1,000,000 1,000,000
AUT Coll./Comp. Deductible: PPT, Light, Medium: $2,500, Heavy, Extra Heavy: $5,000, Trailers: $500.

Re: Palisades Emergency Repairs
City of Malibu is included as Additional Insured as respects Liability arising out of operations (work) performed by or on behalf of the Named Insured in accordance with the policy provisions of the General Liability policy.

City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ALL PARTIES WHERE REQUIRED BY A WRITTEN
CONTRACT.

POLICY NUMBER: 71PKG2091800

VIDO ARTUKOVICH & SON, INC
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused,
in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

ALL PARTIES WHERE REQUIRED BY A

WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

This endorsement modifies insurance provided under the following:

POLICY NUMBER: 71PKG2091800
VIDO ARTUKOVICH & SON, INC.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

POLICY NUMBER: 71PKG2091800
VIDO ARTUKOVICH & SONS, INC.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the
person(s) or organization(s) shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization(s) shown in the Schedule
above.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
Any person or organization where waiver of our right to recover is permitted by law and is required by written contract provided such contract was executed prior to the loss 71PKG2091800 Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 00 CA0115 00 10 13 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - BLANKET
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as an "insured" the person or organization who is required under a written contract to be included as an "insured" under this policy, but only with respect to their legal liability for your acts or omissions or the act or omissions of a person for whom Covered Autos Liability Coverage is afforded under this policy.

All other terms and conditions of this policy remain unchanged.

Endorsement Number:

Policy Number:

Named Insured:

This endorsement is effective on the inception date of this Policy unless otherwise stated herein:

Endorsement Effective Date:
12/31/2024 Vido Artukovich & Son, Inc. 71PKG2091800
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 00 CA0150 00 09 14 Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTO BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM
A. SECTION II - LIABILITY COVERAGE, Paragraph 2.a. Supplementary Payments of the Business Auto Coverage Form, the Motor Carrier Coverage Form and the Truckers Coverage Form are amended as follows:

1. Subparagraph (2) is amended to increase the amount we will pay from $2,000 to $2,500.

2. Subparagraph (4) is amended to increase the amount we will pay from $250 a day to $500 a day.

B. SECTION III – PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form and SECTION IV - PHYSICAL DAMAGE COVERAGE of the Motor Carrier Coverage Form and Truckers Coverage Form are amended as follows:

1. Paragraph A.2. Towing, is deleted and replaced by the following:

We will pay up to $250 for towing and labor costs incurred each time a covered “auto” is disabled. However, the labor must be performed at the place of disablement.

2. Paragraph 4.a. Transportation Expenses is amended to increase the most we will pay from $20 per day to $75 per day and the maximum we will pay from $600 to $2,500.

3. Paragraph 4. Coverage Extensions is amended to add the following:
c. Return of Stolen Vehicle Expenses
We will pay up to $2,500 for the expenses you incur for the return of each covered "auto" that was reported to the police as stolen. This coverage extension does not apply to Hired Autos.
d. Personal Effects
We will pay up to $400 for the “loss” of wearing apparel and other personal effects which are:
(1) Owned by an “insured”; and
(2) In or on your covered “auto”.

This coverage applies only in the event of a theft of your covered “auto” that has been reported to the police. The limit of insurance applies to each theft of a covered “auto”.

This insurance is excess over any other collectible insurance and no deductible applies.

4. Paragraph D. Deductible is amended to add the following:
a. If another policy, that is not an “auto” policy or “auto” coverage form issued by us, applies to the same "accident" the following conditions apply:

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 00 CA0150 00 09 14 Page 2 of 2
(1) If the deductible under this Coverage Form is the smaller or smallest deductible, it will be waived.
(2) If the deductible under this Coverage Form is not the smaller or smallest deductible, it will be reduced by the amount of the smaller or smallest deductible.
b. A deductible does not apply to glass damage if the glass is repaired rather than replaced.

C. SECTION III – PHYSICAL DAMAGE COVERAGE Paragraph B. Exclusions, Subparagraph 3.a. of the Business Auto Coverage Form and SECTION IV – PHYSICAL DAMAGE COVERAGE, Paragraph B. Exclusions, Subparagraph 4.a. of the Motor Carrier Coverage Form and the Truckers Coverage Form are deleted and replaced with the following:

Wear and tear, freezing, mechanical or electrical breakdown. However, mechanical breakdown does not include the accidental discharge of an airbag.

D. SECTION IV – BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, Subparagraph 5. Other Insurance, Item c. of the Business Auto Coverage Form is deleted and replaced with the following:

Regardless of the provisions of a. immediately above, this Coverage Form’s Auto Liability Coverage is primary for any covered liability assumed under an “insured contract” and other auto liability insurance available to an “insured” shall be considered excess and non-contributory when required by an “insured contract”.

E. SECTION V - MOTOR CARRIER CONDITIONS, Paragraph B. General Conditions, Subparagraph 5. Other Insurance – Primary And Excess Insurance Provisions, Item g. of the Motor Carrier Coverage Form is deleted and replaced with the following:

Regardless of the provisions of a., b., c., d., and e. immediately above, this Coverage Form’s Motor Carrier Liability Coverage is primary for any covered liability assumed under an “insured contract” and other motor carrier liability insurance available to an “insured’ shall be considered excess and non-contributory when required by an “insured contract”.

F. SECTION V- TRUCKERS CONDITIONS, Paragraph B. General Conditions, Subparagraph 5.

Other Insurance – Primary And Excess Insurance Provisions, Item e. of the Truckers Coverage Form is deleted and replaced with the following:

Regardless of the provisions of a., b., and c. immediately above, this Coverage Form’s Truckers Liability Coverage is primary for any covered liability assumed under an “insured contract” and other liability insurance available to an “insured’ shall be considered excess and non-contributory when required by an “insured contract”.

All other terms and conditions of this Policy remain unchanged.

Endorsement Number:

Policy Number:

Named Insured:

This endorsement is effective on the inception date of this Policy unless otherwise stated herein:

Endorsement Effective Date:
12/31/2024 Video Artukovich & Son, Inc. 71PKG2091800
Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured:

Endorsement Effective Date:

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS

PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE LOSS.

POLICY NUMBER: 71PKG2091800
VIDO ARTUKOVICH & SONS, INC.
12/31/2024 VIDO ARTUKOVICH & SONS, INC.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.

Premium $
Endorsement
Effective Insured
Insurance Company
Countersigned By
Policy No. 71WCI2091800
INCL.
1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved.

From the WCIRB’s California Workers’ Compensation Insurance Forms Manual 1999.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be % of the California workers’ compensation premium otherwise due on such remuneration.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

ANY PERSON OR ORGANIZATION WHERE
INCL

WAIVER OF OUR RIGHT TO RECOVER IS

PERMITTED BY LAW AND IS REQUIRED

BY WRITTEN CONTRACT PROVIDED SUCH

CONTRACT WAS EXECUTED PRIOR TO

DATE OF LOSS
VIDO ARTUKOVICH & SON, INC.

Docusign Envelope ID: 31D9F795-D1E5-4ACE-A303-0ECEFBA89D04

CITY OF MALIBU

PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as January 7, 2025 by and between Diamond Construction, Inc. (hereinafter referred to as “CONTRACTOR”) and the City of Malibu, California, a municipal corporation (hereinafter referred to as “CITY”).

R E C I T A L S
A. Pursuant to the Malibu Municipal Code, California Public Contract Code section 22035, and other relevant codes and state laws, this Agreement is entered into for emergency repairs and related emergency needs within the City.

B. The Contractor warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

C. The City desire to contract for and Contractor agrees to provide labor, equipment and material for the Big Rock Drainage Infrastructure Repairs Project in the City of Malibu.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Big Rock Drainage Infrastructure Repairs Project in the City of Malibu. The work shall be performed in accordance with the Plans and Specifications (as more particularly described in Exhibit A, attached to this Agreement and incorporated in full) and in accordance with Rates and Costs set forth in Exhibit B (attached to this Agreement and incorporated in full). The Plans and Specifications, Rates and Costs, and Scope of Work shall be in accordance with the instructions and direction of the City Engineer, or City’s Manager’s designee.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED this Agreement The contract documents for the aforesaid project, a complete set of which is on file with the Malibu City Clerk’s Office, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This Agreement is intended to require a complete Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in Exhibit B as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 90 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1000 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREVAILING WAGES:

A. Pursuant to Labor Code Section 1720, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONTRACTOR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.

D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
(5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
(6) CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

(7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.

F. CONTRACTOR and its subcontractors must comply with Labor Code Sections 1725.5 and 1777.1, including the requirement that registration with the DIR be maintained through the term of the Project. The City may, from time to time, request evidence of current registration.

6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

8. CONTRACTOR'S LIABILITY: The City of Malibu and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.

CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim.

10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, 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 worker's 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.”
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.

12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

14. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

15. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the effective date set forth on the Agreement signature page.

16. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.

CONTRACTOR shall maintain a City of Malibu business license, if required under CITY ordinance.

17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

18. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.

19. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein.

Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

20. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.

21. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.

Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Robert DuBoux, Public Works Director/City Engineer Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

CONTRACTOR
Diamond Construction, Inc.
2201 Honolulu Ave.

Montrose, CA 91020
Attn : Thomas Christopoulos

22. DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code Sections 10240-10240.13.

23. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

24. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

26. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.

This Agreement is executed on this day of __________________, 2025, at Malibu, California, and effective as of ___________________, 2025.

CITY OF MALIBU:
_______________________________________
JOSEPH D. TONEY, Acting City Manager
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
CONTRACTOR:
________________________________________
Name, Title
CONTRACTOR’S State of California License No.
_________________________________________
CONTRACTOR’S Business Phone No.
_________________________________________
CONTRACTOR’S Emergency Phone No. at which
contractor can be reached at any time
_________________________________________
_________________________________________
_________________________________________
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D 661-212-8660
842158
Tom Christopoulos
661-702-9100
CEO
7 February
January 27
Public Works Agreement
Diamond Construction, Inc.

EXHIBIT A
PLANS
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Public Works Agreement
Diamond Construction, Inc.

EXHIBIT B

RATES AND COSTS

PHASE ONE
• Video Inspection of existing drains in the Big Rock area. • Map and document conditions of drainage pipes and catch basins. (5 days, camera and inspection crew including foreman to document findings) Estimated cost is $49,100 ($9,820 daily)

PHASE TWO
Install approximately 6,000 linear feet of HDPE drainage pipes (12” – 24” diameter) in the Big Rock neighborhood. Install with existing anchors, collars, concrete blocks. Connect to existing catch basins, junction structures, fittings. Change order for new supports, anchors, pipe rings, etc. Change order for hauling off damaged materials including dump fees.

Estimated costs is $670,000.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D

BOND FOR FAITHFUL PERFORMANCE
BOND NO. 54-263309
KNOW ALL PERSONS BY THESE PRESENTS:

That we, Diamond Construction, Inc. hereinafter referred to as “Contractor” as principal, and United Fire & Casualty Company hereinafter referred to as “Surety,” are held and firmly bound unto the City of Malibu, California, hereinafter referred to as “City”, or “Obligee” in the sum of Six Hundred Seventy Thousand Dollars ($670,000), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

This condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City of Malibu, California, for the construction of Big Rock Drainage infrastructure Repairs project and is required by said City to give this bond in connection with the execution of said Contract.

NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void one year after date of recordation of Notice of Completion by City of the completed work; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney’s fee, to be fixed by the court.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D BOND FOR FAITHFUL PERFORMANCE (cont’d)
IT IS FUTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety thereunder, no shall any extension of time granted under the provisions of the Contract release either the Contractor of the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this 30th day of January, 2025.

Diamond Construction, Inc.

Contractor
Wvg a c/{A
By Tom Christopolous
President
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0 Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D

ACKNOWLEDGMENT
A notary public or other officer completing this
certifrcate verifies only the identity of the individual who signed the document to which this certincate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Kern )
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument i certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct.

Signature
nd ofhcial seal. SAMANTHA JIMENEZ
Notary Public - Callfornta Kern County é
Commisslon # 2363057 ‘
My Comm. Expires Jun 23, 2025
(Seal) é/
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Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
n c ~ uu. . . n. . p . .- -
A notary public or other officer completing this certificate verifies only the identity ofthe individuai who signed the document to which this certificate is attached, and not the truthfuiness, accuracy, or vaiidity of that document.

State of Cahfornia
Countyof A05 i474QCI€$ }
On 32 0+- 2.0%]:7 before me Qioac‘Di—t M:MA> A/O‘i’aN udgLiL Date Insert Nome and Tit/e of the Off/cer
p ersonaiiy appeared a m / 1/1 r Ls DOLL O 3
Nome(s) of S/g er(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the
JOSEPH MINA laws of the State of California that the foregoing otary Public California paragraph is true and correct. Los Angeles County § Commlislon r 2367367 My Comm ExplresAugw 2025 WITNESS my hand and official seal. i
Signature J 1 E ‘ d
Place Notary Seal and/or Stamp Above
‘
Sigliature of Notary Sub/ic

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Docume
Title or Type of Document: j
:ifr £0044 HAM/E z O m
DocumentDate: Numberof Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

D Corporate Officer — Title(s): D Corporate Officer — Title(s):

El Partner— D Limited El General , El Partner— El Limited D General D individual I] Attorney in Fact D individual El Attorney in Fact i] Trustee D Guardian orConservator El Trustee El Guardian or Conservator D Other: D Other:

Signer is Representing: Signer is Representing:
©2019 National Notary Association
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D

BOND FOR MATERIAL SUPPLIERS AND LABORERS
BOND NO. 54-263309
KNOW ALL PERSONS BY THESE PRESENTS:

That we, Diamond Construction, Inc. hereinafter referred to as “Contractor” as principal, and United Fire & Casuaitv Company hereinafter referred to as “Surety,” are held and firmly bound unto the City of Malibu, California, hereinafter referred to as “City”, or “Obligee” in the sum of Six Hundred Seventy Thousand Dollars ($670,000 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

The Condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City, for the construction of Big Rock Drainage Infrastructure Repairs project, and is required by City to give this bond in connection with the execution of said Contract.

NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors, fails to pay for any materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D BOND FOR MATERIAL SUPPLIERS AND LABORERS (cont’d)
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release either the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this 30th day of January, 2025.

Diamond Construction, Inc
Contractor
<7“adiab—
By
Tom Christopolous
President
Title
Title
United Fire &Casualty Company
Surety
j/l &(j :l; &(W/A/
By Carol F. Bean, Attorney-in-fact
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D UNI'I‘FIYFIRF, & CASUALTY COMPANY. CED \R RAPIDS I
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FINANCIAL. PACIFIC IN SURANCE COMPANY, 1 OS ANGEL Cl"RTII'II‘I) COPY OF POWIR OF A'I";I"(')I{Nl"Y (ongmal on Ixlc dt Ilomc Oifne ol Coman Ste L cruflcauon) n Depaltm
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lN WI’INL‘SS WIIIIREOI‘I the COMPANIES have each caused these presentstosbe gn vice president and ILK commute scal to be hereto affixed this 18th day of Jun-e, 2024 UNI’l‘lil) l’lRli & CASUALTY COMPANY
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This paper has a colored background and void pantograph.

Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D

ACKNOWLEDGMENT
A notary public or other officer completing this
certmcate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Kern )
mil/mun] 30. élllaé before me, Samantha Jimenez, Notary Public l (insert name and title of the officer) personally appeared am I i: B54 O
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

SAMANTHA JIMENEZ Notary Public - California Kern County Commission # 2363057 " Comm. Expires Jun 28, 2025
WITNESS my
(Seal)
i
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 n. .- ~ n n .- n . u... u u . o .

A notary public 0r other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or vaiidity of that document.

State of Calrfornla
Countyof L03 Amqe/63 I
On 9& 04 ZJ% beforeme()3~‘>€i'->H M N24 2 NoIarV/QJQLJC personaiiy appeared / O m f‘ h r révirbaot o S
Date Insert Name and Tit/e of the Off/cer
Name(s) of S/éner(s)
who proved to me on the basrs of satisfactory eVIdence to be the person(s) whose name(s) Is/are subscribed to the wrthrn Instrument and acknowledged to me that he/she/they executed the same In his/her/therr authorized capacrty(res), and that by hrs/her/thelr Signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

JOSEPH MINA Notary Public California Los Angeies Counzy Commission # 2367367 WN My Comm Expires Aug 19 2025
Place Notary Sea/ and/or
Signature x/‘Jl€ S & M
Stamp Above Slg/ature of Notary Pub/1C

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document‘ D
Title or Type of Document: / (’/ [J/m/4Altl5 g O K74 I
N
DocumentDate: Numberof Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

I] Corporate Officer — Title(s): D Corporate Officer — Title(s):

D Partner— D Limited D General D Partner— D Limited D General D individual E! Attorney in Fact D Individual El Attorney in Fact D Trustee U Guardian orConservator D Trustee El Guardian or Conservator D Other: D Other:

Signer is Representing: Signer is Representing:
©2019 National Notary Association
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D 01/17/2025
Kern Insurance Associates
License # 0L78680
P.O. Box 11390
Bakersfield CA 93389-1390
Samantha Jimenez
(661) 835-4542 (661) 835-4500
[email protected]
Diamond Construction, Inc., DBA: Diamond Specialties;
Prime Property Services
2201 Honolulu Ave.

Montrose CA 91020
Kinsale Ins Co 38920
Vantapro Specialty Insurance Company 44768
Everest Premier Insurance Company 16045
24/25 renewals
A Y 01001436093 03/12/2024 03/12/2025
1,000,000
100,000
Excluded
1,000,000
2,000,000
2,000,000
B 5087-0821-03 02/20/2024 02/20/2025
1,000,000
Uninsured motorist
combined single limit
1,000,000
A 01001437183 03/12/2024 03/12/2025
2,000,000
2,000,000
C Y 7600024144241 02/28/2024 02/28/2025
1,000,000
1,000,000
1,000,000
City of Malibu is included as additional insured on the general liability, as respects the operations of the named insured, as required by written contract per attached endorsement(s).

City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D 01001436092
3/12/2024
01001436093
Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D Docusign Envelope ID: 84C46EB7-421D-4E37-B4F9-5CDE2959723D

Agenda Item # 1.B.9.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kate Manisco, Recreation Manager
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 5, 2025 Meeting date: February 10, 2025 Subject: Lease Agreement with Wave Enterprises, Inc. for a Fire Rebuild Office RECOMMENDED ACTION: 1) Authorize the Mayor to execute a two-year lease agreement for a Fire Rebuild Office at 23805 Stuart Ranch Road; 2) Authorize the Acting City Manager to execute documents or agreements arising out of the proposed lease, including estoppel certificates; 3) Authorize the purchase of office furniture from CORT Business Services Corporation; and 4) Authorize the City Manager or designee to amend the approved agreements if necessary to receive reimbursement from FEMA or any other governmental agency.

FISCAL IMPACT: Funding for these services was not included in the Adopted Budget for FY 2024-25. These services are requested in response to Local Emergency enacted on January 10, 2025, related to the Palisades Fire recovery efforts. The lease agreement is $15,254.35 monthly (lease and common area maintenance fees) for the first year of the agreement with a 3% increase annually thereafter. The lease and common area maintenance fees will be charged to account 102-3101-5710-00, (Palisades Fire Facility Lease/Rental). The purchase of office furniture for the space will cost $35,772.60 and be charged to 102-3101-6160-00 (Palisades Fire Operating Supplies) STRATEGIC PRIORITY: This item supports the Public Safety and day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List. Responding to disasters such as the Palisades Fire and supporting community recovery is the City’s most immediate and top priority as part of the city's fundamental operations.

DISCUSSION: On January 7, 2025, a fire broke out in Pacific Palisades, north of Pacific Coast Highway (PCH) between Temescal Canyon Road and Palisades Drive. The fire spread west, affecting areas within the jurisdiction of the City of Los Angeles, the County of Los Angeles, and the City of Malibu. As of the date of this report, the fire has burned City Council Meeting
02-10-25
Item

1.B.9.