PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR
INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Meeting Agenda
CC250527_AMENDED.PDF
Item 1A1
Second Reading and Adoption of Ordinance No. 525
CC250527_ITEM 1A1.PDF
Item 1B2
Approve Warrants
CC250527_ITEM 1B2.PDF
Item 1B3
Approval of Minutes
CC250527_ITEM 1B3.PDF
Item 1B4
Professional Services Agreement for Pedestrian Undercrossing at Malibu Seafood CC250527_ITEM 1B4.PDF
Item 1B5
Professional Services Agreement with Kimley Horn and Associates, Inc.
CC250527_ITEM 1B5.PDF
Item 1B6
Professional Services Agreements with Kimley Horn and Associates, Inc.
1. Documents:
2. Documents:
3. Documents:
4. Documents:
5. Documents:
6. Documents:
7. Documents:
CC250527_ITEM 1B5.PDF
Item 1B6
Professional Services Agreements with Kimley Horn and Associates, Inc.
CC250527_ITEM 1B6.PDF
Item 1B7
Investment Report for the Month Ending April 30, 2025
CC250527_ITEM 1B7.PDF
Item 1B8
Amendment to Professional Services Agreement with Integrated Performance Consultants, Inc.
CC250527_ITEM 1B8.PDF
Item 1B9
Acceptance of Las Flores Storm Drain Repair Project
CC250527_ITEM 1B9.PDF
Item 1B10
Acceptance of Bluffs Park Roof Replacement Project
CC250527_ITEM 1B10.PDF
Item 1B11
Senate Bill (SB) 79 Transit-oriented Development. - OPPOSE CC250527_ITEM 1B11.PDF
Item 1B12
Professional Services Agreement with Covered 6
CC250527_ITEM 1B12.PDF
Item 5A
7. Documents:
8. Documents:
9. Documents:
10. Documents:
11. Documents:
12. Documents:
13. Documents:
14. CC250527_ITEM 1B12.PDF
Item 5A
Collection of Fees for the Implementation of the California Integrated Waste Management Act within the Malibu Garbage Disposal District
CC250527_ITEM 5A.PDF
Item 5B
Status Update on Vacancies in Compliance with Assembly Bill 2561 (2024) – Local Public Employees: Vacant Positions
CC250527_ITEM 5B.PDF
Item 5C
Appeals of Planning Commission Resolution No. 24-13 for Coastal Development Permit No. 22-040 – An application to restore a wetland buffer that was disturbed due to unpermitted weed abatement (23855 Civic Center Way, Owner: Civic Center Way LLC) (Continued from May 12, 2025)
CC250527_ITEM 5C.PDF
Item 5D
Approval of Use of Community Development Block Grant (CDBG) funds for Fiscal Year 2025-2026
CC250527_ITEM 5D.PDF
Item 5E
Appeals of Planning Commission Resolution No. 24-021 regarding Coastal Development Permit No. 23-019 and Site Plan Review No. 23-024 – An application to construct a new single-family residence, second unit and associated development (30053 Harvester Road, Owner, Steven Kent; Appellants, Dawn N. Ericson, Paul E Philipson, and Andrea Slosberg-Philipson)(Continued from May 21, 2025)
CC250527_ITEM 5E.PDF
CC250527_ITEM 5E_SUPPLEMENTAL.PDF
Item 6A
Fire Recovery Work Session Agendas
Documents:
14. Documents:
15. Documents:
16. Documents:
17. Documents:
18. Documents:
19. CC250527_ITEM 5E.PDF
CC250527_ITEM 5E_SUPPLEMENTAL.PDF
Item 6A
Fire Recovery Work Session Agendas
CC250527_ITEM 6A.PDF
Item 7A
Malibu Arts Association Fee Waiver
CC250527_ITEM 7A.PDF
Item 7B
Confirmation of the Appointment of Ambassador Candace Bond as Interim City Manager and Related Interim City Manager Employment Agreement
CC250527_ITEM 7B.PDF
19. Documents:
20. Documents:
21. Documents:
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Amended1 Malibu City Council
Regular Meeting Agenda
Tuesday, May 27, 2025
5:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/82340007207
Five-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – May 16, 2025; Amended Agenda posted May 23, 2025 Approval of Agenda
1 See the addition of Consent Calendar Item Nos. 1.A.1. 1.B.12, Ordinances and Public Hearing Item Nod. 5.D. and 5.E..; Old Business Item Nos. 6.A., and New Business Item No. 7.B.
AMENDED City Council Regular Meeting Agenda Page - 2 - May 27, 2025
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.
E. Appeals of Planning Commission Resolution No. 24-021 regarding Coastal Development Permit No. 23-019 and Site Plan Review No. 23-024 – An application to construct a new single-family residence, second unit and associated development (30053 Harvester Road, Owner, Steven Kent; Appellants, Dawn N. Ericson, Paul E Philipson, and Andrea Slosberg-Philipson)(Continued from May 21, 2025)
Recommended Action: Adopt Resolution No. 25-17 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), denying Appeal No. 24-004 and Appeal No. 24-005, and approving Coastal Development Permit (CDP) No. 23-019 to construct a new 4,270 square foot, two-story, single-family residence with a 970 square foot basement plus a 750 square foot attached three-car garage, 900 square foot detached second unit, 500 square foot detached garage, 432 square foot detached yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system (OWTS); including Site Plan Review (SPR) No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet for a flat roof, located in the Rural Residential, Two-Acre (RR-2) zoning district at 30053 Harvester Road (Kent).
Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346
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
1. Second Reading and Adoption of Ordinance No. 525
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 523, amending Section 5.36.040 of the Malibu Municipal Code to forgo the CPI-Wbased minimum wage increase scheduled for July 1, 2025, and clarify that the 2026 increase shall reflect only the CPI-W for calendar year 2025, with no retroactive or cumulative increase applied.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 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 AMENDED City Council Regular Meeting Agenda Page - 3 - May 27, 2025
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 75543-75717 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. 768 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $3,257,800.82. City of Malibu payroll check number 5506 and ACH deposits were issued in the amount of $335,687.50.
Staff Contact: Interim City Manager Bond, 456-2489, ext. 226
3. Approval of Minutes
Recommended Action: Approve the minutes for the February 27, 2025 Special Meeting.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
4. Professional Services Agreement for Pedestrian Undercrossing at Malibu Seafood Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with MNS Engineers, Inc. in an amount not to exceed $587,556 for engineering design services for the Pedestrian Undercrossing at Malibu Seafood Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
5. Professional Services Agreement with Kimley Horn and Associates, Inc.
Recommended Action: Authorize the Mayor to execute Professional Services Agreement with Kimley Horn and Associates, Inc. (Kimley Horn) for engineering design services for the Pacific Coast Highway (PCH) Crosswalk Improvements at Big Rock and 20326 PCH in the amount of $280,950.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
6. Professional Services Agreements with Kimley Horn and Associates, Inc.
Recommended Action: 1) Authorize the Mayor to execute a Professional Services Agreements with Kimley Horn and Associates, Inc. (Kimley Horn) for engineering design services for the Pacific Coast Highway (PCH) Las Flores and Rambla Pacifico Intersection Improvements Project in the amount not to exceed $654,544 Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
7. Investment Report for the Month Ending April 30, 2025 Recommended Action: Receive the Investment Report for the month ending April 30, 2025.
Staff Contact: Interim City Manager Bond, 456-2489, ext. 226 AMENDED City Council Regular Meeting Agenda Page - 4 - May 27, 2025
8. Amendment to Professional Services Agreement with Integrated Performance Consultants, Inc.
Recommended Action: Authorize the Mayor to execute an Amendment No. 3 to Professional Services Agreement with Integrated Performance Consultants, Inc. (IPC) for operations, maintenance, and management services at Civic Center and Paradise Cove Stormwater Treatment Facilities.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
9. Acceptance of Las Flores Storm Drain Repair Project
Recommended Action: 1) Accept the work performed by J & H Engineering General Contractors, Inc. for the Las Flores Canyon Storm Drain Repair Project, Specification No. 2111 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
10. Acceptance of Bluffs Park Roof Replacement Project
Recommended Action: 1) Accept the work performed by AC Pros, Inc. for the Bluffs Park Roof Replacement Project, Specification No. 2110 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
11. Senate Bill (SB) 79 Transit-oriented Development. - OPPOSE Recommended Action: Authorize the Mayor to send a letter of opposition to Senate Bill 79 (Weiner) which would streamline approvals of high-density development in transitoriented locations.
Staff Contact: Interim City Manager Rojas, 456-2489, ext. 300
12. Professional Services Agreement with Covered 6
Recommended Action: Receive and file a report on an emergency Professional Services Agreement with Covered 6 LLC to provide security for fire-impacted neighborhoods after Pacific Coast Highway opens and the National Guard demobilizes from the area..
Staff Contact: Public Safety Director Dueñas, 456-2489 ext. 313
2. Ceremonial/Presentations
A. Presentation of Commendations to Patrick Steele and Oscar Johnson in recognition of their response to a house fire
B. Presentation of the Mike Treinen Public Safety Award to Mark Russo
3. Commission / Committee / City Manager Updates
AMENDED City Council Regular Meeting Agenda Page - 5 - May 27, 2025
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 (Continued)
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.
A. Collection of Fees for the Implementation of the California Integrated Waste Management Act within the Malibu Garbage Disposal District
Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 25-25 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03-30.
Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229 B. Status Update on Vacancies in Compliance with Assembly Bill 2561 (2024) – Local Public Employees: Vacant Positions
Recommended Action: 1) Conduct the public hearing; and 2) Receive and file the status update report on vacancies in compliance with Assembly Bill 2561.
Staff Contact: Interim City Manager Bond, 456-2489, ext. 226 C. Appeals of Planning Commission Resolution No. 24-13 for Coastal Development Permit No. 22- 040 – An application to restore a wetland buffer that was disturbed due to unpermitted weed abatement (23855 Civic Center Way, Owner: Civic Center Way LLC) (Continued from May 12, 2025)
Recommended Action: Continue the item to the July 14, 2025 City Council meeting.
Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346 D. Approval of Use of Community Development Block Grant (CDBG) funds for Fiscal Year 2025- 2026
Recommended Action: Continue the hearing to the June 9, 2025 City Council meeting.
Staff Contact: Interim Deputy City Manager Rojas, 456-2489, ext. 300 AMENDED City Council Regular Meeting Agenda Page - 6 - May 27, 2025
6. Old Business
Old Business items have appeared on previous agendas with no final action having been taken.
A. Fire Recovery Work Session Agendas
Recommended Action: Provide direction to staff on which topics should be scheduled for upcoming Fire Recovery Work Sessions.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
7. New Business
New Business items are appearing for the first time for formal action.
A. Malibu Arts Association Fee Waiver
Recommended Action: Consider whether to approve a request from the Malibu Arts Association to waive facility use fees, staffing costs, permit fees, and incur costs related to event mailing data and radius map for a summer art show series at Legacy Park.
Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350 B. Confirmation of the Appointment of Ambassador Candace Bond as Interim City Manager and Related Interim City Manager Employment Agreement
Recommended Action: Confirm the appointment of Ambassador Candace Bond as Interim City Manager, effective May 19, 2025, and the award of the attached Interim City Manager Employment Agreement.
Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228
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.
None.
Adjournment
Future Meetings
Wednesday, June 5, 2025 3:00 p.m. Special City Council Meeting City Hall Council Chambers Monday, June 9, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, June 23, 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, although it is strongly recommended that those who wish to participate do so in person. While the City intends to allow zoom participation, the meeting will not be cancelled or continued if technical difficulties impact the ability to accept public comment over Zoom. 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 AMENDED City Council Regular Meeting Agenda Page - 7 - May 27, 2025 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 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 23rd day of May 2025 at 5:45 p.m.
Kelsey Pettijohn, City Clerk
Agenda Item # 1.A.1.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Candace Bond, Interim City Manager
Date prepared: May 22, 2025 Meeting date: May 27, 2025
Subject: Second Reading and Adoption of Ordinance No. 525 RECOMMENDED ACTION: Conduct second reading, unless waived, and adopt Ordinance No. 523, amending Section 5.36.040 of the Malibu Municipal Code to forgo the CPI-W-based minimum wage increase scheduled for July 1, 2025, and clarify that the 2026 increase shall reflect only the CPI-W for calendar year 2025, with no retroactive or cumulative increase applied.
FISCAL IMPACT: There is no direct fiscal impact to the City associated with this ordinance.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2024-25 Strategic Priority Project List, but this has been prioritized due to the declared emergency.
DISCUSSION: On May 21, 2025, the Council introduced on first reading Ordinance No. 525.
ATTACHMENT: Ordinance No. 525
City Council Meeting
05-27-25
Item
1.A.1.
ORDINANCE NO. 525
AN ORDINANCE OF THE CITY OF MALIBU AMENDING
SECTION 5.36.040 OF THE MALIBU MUNICIPAL CODE
(“MINIMUM WAGE ADJUSTMENTS”); FORGOING THE
ANNUAL CPI-W INCREASE SCHEDULED FOR JULY 1, 2025;
AND FINDING THE ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby ordain as follows:
SECTION 1. Findings.
A. The City of Malibu adopted Ordinance No. 404 in 2016, establishing a local minimum wage and providing for annual adjustments based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area.
B. Section 5.36.040 of the Malibu Municipal Code provides that, beginning July 1, 2022, the minimum wage shall increase annually based on the CPI-W, with adjustments published in advance each year.
C. The City Council finds it necessary to forgo the CPI-W-based adjustment to the minimum wage scheduled for July 1, 2025. The subsequent adjustment, effective July 1, 2026, shall reflect only the CPI-W for calendar year 2025, with no retroactive or cumulative increase applied.
SECTION 2. Amendment to Malibu Municipal Code Section 5.36.040.
Malibu Municipal Code Section 5.36.040(A)(3) is hereby amended to add the following sentence at the end of the section:
“Notwithstanding the above, no CPI-W adjustment shall take effect on July 1, 2025. The adjustment taking effect on July 1, 2026, shall reflect only the CPI-W for calendar year 2025, with no retroactive or cumulative increase applied.”
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Environmental Review.
The City Council finds that adoption of this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that it will not have a significant adverse effect on the environment. (CEQA Guideline 15061(b)(3)).
SECTION 5. Effective Date.
This Ordinance shall take effect thirty (30) days after its passage and adoption, pursuant to California Government Code Section 36937.
SECTION 6. Certification.
The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this ____ day of ____ 2025. ____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _________________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
WARRANT REGISTER NO. 768
On May 27, 2025, the Malibu City Council allowed and approved warrant demand numbers 75543-75717 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 $3,257,800.82. City of Malibu payroll check number 5506 and ACH deposits were issued in the amount of $335,687.50.
PASSED, APPROVED and ADOPTED this 27th day of May 2025. ____________________________________________
Marianne Riggins
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 $3,593,488.32 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 15th day of May 2025, AT MALIBU, CALIFORNIA ______________________________________________
Joseph Toney
Acting City Manager
City Council Meeting
5-27-25
Item
1.B.2.
Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Accounts Payable
User:
Printed:
sflores
5/14/2025 9:33 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 75543 101ROOF 101 ROOFING AND CONSTRUCTION 05/01/2025 0.00 2,631.00 75544 13STARS 13 STARS MEDIA 05/01/2025 0.00 400.86
75545 600Sprin 600 SPRING LLC 05/01/2025 VOID 212,779.90 0.00 75546 ACMEVALL ACME VALLEY SECURITY SERVICES, INC. 05/01/2025 0.00 616.25 75547 ADVANTAN MAP COMMUNICATIONS INC 05/01/2025 0.00 270.84 75548 ANAWALT ANAWALT LUMBER CO INC 05/01/2025 0.00 50.56 75549 ARC ARC DOCUMENT SOLUTIONS LLC 05/01/2025 0.00 65.48 75550 ARCIR ARC DOCUMENT SOLUTIONS LLC 05/01/2025 0.00 12.18 75551 BADMET BADGER METER INC 05/01/2025 0.00 39.56
75552 CAHIGH DEPT OF THE CA HIGHWAY PATROL 05/01/2025 0.00 55,554.15 75553 CHARTER2 CHARTER COMMUNICATIONS 05/01/2025 0.00 0.30 75554 CHEVRON2 WRIGHT EXPRESS FSC WEX BANK 05/01/2025 0.00 1,586.21 75555 CHEZRENE CHEZ RENEE LLC 05/01/2025 0.00 396.00
75556 CITYOFLA CITY OF LOS ANGELES TREASURER 05/01/2025 0.00 72,722.05 75557 CIVICSO CIVIC SOLUTIONS INC 05/01/2025 0.00 36,786.25 75558 COOKALI ALLISON COOK 05/01/2025 0.00 7,755.00
75559 COTTON COTTON SHIRES & ASSOCIATES INC 05/01/2025 0.00 103,111.80 75560 CRPRINT CR PRINT 05/01/2025 0.00 3,004.06
75561 DAPEERR DAPEER ROSENBLIT & LITVAK LLP 05/01/2025 0.00 5,580.00 75562 DEPTINDU DEPARTMENT OF INDUSTRIAL RELATIONS 05/01/2025 0.00 350.00 75563 DEPTTRA STATE OF CA DEPT OF TRANSPORTATION05/01/2025 0.00 10,470.81 75564 ERGOSOLU ERGO SOLUTION INC 05/01/2025 0.00 1,625.00 75565 FOXWEATH FOX WEATHER LLC 05/01/2025 0.00 700.00
75566 FRONTIER FRONTIER CALIFORNIA INC 05/01/2025 0.00 1,843.93 75567 GMZENG GMZ ENGINEERING INC 05/01/2025 0.00 369,103.92 75568 GOVCONN GOVCONNECTION INC 05/01/2025 0.00 2,091.38 75569 GOVERNF GOVERNMENTAL FINANCIAL SERVICES05/01/2025 0.00 825.00 75570 GOVOES GOVERNOR'S OFFICE OF EMERGENCY SVCS 05/01/2025 0.00 8,388.80 75571 HANDHAND HAND IN HAND 05/01/2025 0.00 4,000.00
75572 HARTSEL BOB HARTS ELECTRIC INC. 05/01/2025 0.00 998.30 75573 HDL HINDERLITER DE LLAMAS & ASSOCIATES 05/01/2025 0.00 20,000.00 75574 LACOANI LA CO ANIMAL CARE & CONTROL 05/01/2025 0.00 1,560.72 75575 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 05/01/2025 0.00 75.00 75576 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 05/01/2025 0.00 75.00 75577 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 05/01/2025 0.00 75.00 75578 LACOFIR LOS ANGELES COUNTY FIRE DEPARTMENT 05/01/2025 0.00 8,100.00 75579 LACOSHE LA CO SHERIFF'S DEPARTMENT 05/01/2025 0.00 928,016.61 75580 LAZPARKI LAZ KARP ASSOCIATES LLC 05/01/2025 0.00 44,022.65 75581 MALIBROA MALIBU BROADBEACH LP 05/01/2025 0.00 528.00 75582 MALIEPTA MALIBU ELEMENTARY PTA 05/01/2025 0.00 5,188.74 75583 MATTMICH DR MICHAEL D MATTHEWS 05/01/2025 0.00 3,360.00 75584 MCGLIS LISA MCGUIRE 05/01/2025 0.00 352.83
75585 MISTROB WINK ROBERTS 05/01/2025 0.00 957.11
75586 MNS MNS ENGINEERS INC 05/01/2025 0.00 1,325.00
75587 NAICKERV VASUDEVAN NAICKER 05/01/2025 0.00 225.00 75588 PLENM&C MICHAEL AND CATHARINA PLEN 05/01/2025 0.00 18.57 75589 REMOTESA REMOTE SATELLITE SYSTEMS INT'L 05/01/2025 0.00 255.80 AP Checks by Date - Summary by Check Number (5/14/2025 9:33 AM) Page 1 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 75590 RINCONC RINCON CONSULTANTS INC 05/01/2025 0.00 55,474.50 75591 RYLAND STLR CORPORATION 05/01/2025 0.00 29,992.50 75592 SCAFCA SCA OF CA LLC 05/01/2025 0.00 7,635.42
75593 SISTER SISTER CITIES INTERNATIONAL 05/01/2025 0.00 310.00 75594 SOUTHCOS SOUTH COAST AQMD 05/01/2025 0.00 9,872.36 75595 THASOUND THATS THE SOUND PRODUCTIONS 05/01/2025 0.00 81,000.00 75596 TONJOE JOSEPH TONEY 05/01/2025 0.00 293.43
75597 TOWNSPUB TOWNSEND PUBLIC AFFAIRS INC 05/01/2025 0.00 6,500.00 75598 TRENCH TOM MALLOY CORPORATION 05/01/2025 0.00 1,848.00 75599 UNDERGR UNDERGROUND SERVICE ALERT OF SOCA 05/01/2025 0.00 369.01 75600 USLABS BUREAU VERITAS NORTH AMERICA INC05/01/2025 0.00 22,197.50 75601 WILLSCOT WILLIAMS SCOTSMAN INC 05/01/2025 0.00 8,251.58 75602 YUNEX SIEMENS MOBILITY INC 05/01/2025 0.00 3,731.00 75603 13STARS 13 STARS MEDIA 05/05/2025 0.00 64.26
75604 ACCESS ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC 05/05/2025 0.00 6,341.91 75605 ALLENMAT ALLEN MATKINS LECK GAMBLE 05/05/2025 0.00 750.00 75606 APWA AMERICAN PUBLIC WORKS ASSOCIATION 05/05/2025 0.00 1,671.00 75607 ARC ARC DOCUMENT SOLUTIONS LLC 05/05/2025 0.00 28.10 75608 BRWONRUD BROWN RUDNICK LLP 05/05/2025 0.00 170.00 75609 CASTRATE CALIFORNIA STRATEGIES & ADVOCACY LLC 05/05/2025 0.00 12,500.00 75610 COUCHEL COUCH ELECTRIC INC 05/05/2025 0.00 328.08 75611 CRPRINT CR PRINT 05/05/2025 0.00 246.89
75612 CWCDRY PAUL JOSEPH CROTEAU 05/05/2025 0.00 4,544.00 75613 DIMJAI JAIME DI MARCO 05/05/2025 0.00 372.00
75614 EXCELOFF EXCEL OFFICE SERVICES 05/05/2025 0.00 697.62 75615 FOXWEATH FOX WEATHER LLC 05/05/2025 0.00 700.00
75616 FRONTIER FRONTIER CALIFORNIA INC 05/05/2025 0.00 148.48 75617 GALLIN LINDSAY GALBRAITH 05/05/2025 0.00 215.00
75618 HDSUPPLY HD SUPPLY INC 05/05/2025 0.00 677.79
75619 HORTONTI TIM HORTON 05/05/2025 0.00 192.65
75620 iRIS LORRIE FEINBERG 05/05/2025 0.00 4,252.50
75621 JGWATER JG WATER LLC 05/05/2025 0.00 2,692.68
75622 KIMLEY KIMLEY-HORN AND ASSOCIATES INC 05/05/2025 0.00 51,120.71 75623 KOFF GALLAGHER BENEFIT SERVICES INC 05/05/2025 0.00 4,600.00 75624 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 05/05/2025 0.00 75.00 75625 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 05/05/2025 0.00 75.00 75626 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 05/05/2025 0.00 75.00 75627 LACOCLE LA COUNTY REGISTRAR-RECORDER LA CO CLERK 05/05/2025 0.00 75.00 75628 LACOREG LA CO REGISTRAR RECCORDER/CITY CLERK 05/05/2025 0.00 27,168.99 75629 MACKAYCO MACKAY COMMUNICATIONS INC 05/05/2025 0.00 948.60 75630 MALICOM MALIBU COMMUNITY LABOR EXCHANGE 05/05/2025 0.00 816.00 75631 MASTERCO MASTER COOLING CORPORATION 05/05/2025 0.00 2,985.36 75632 MOSSER MOSSER PLUMBING & HEATING INC 05/05/2025 0.00 202.50 75633 PEOPCON OCEAN PARK COMMUNITY CENTER 05/05/2025 0.00 33,241.00 75634 QUADLEAS QUADIENT LEASING USA INC 05/05/2025 0.00 1,008.60 75635 QUINTO QUINTO CONSULTING LP 05/05/2025 0.00 6,600.00 75636 RINCONC RINCON CONSULTANTS INC 05/05/2025 0.00 1,720.50 75637 RODJESS JESSE RODRIGUEZ 05/05/2025 0.00 518.60
75638 SAMYSCAM SAMYS CAMERA 05/05/2025 0.00 5,634.82
75639 SWRCB1 STATE WATER RESOURCES CONTROL BOARD 05/05/2025 0.00 273,455.61 75640 TETRATE TETRA TECH INC 05/05/2025 0.00 74,523.45
75641 TMOBILE T-MOBILE USA INC 05/05/2025 0.00 844.55
75642 TOSHIBA US BANK NATIONAL ASSOCIATION 05/05/2025 0.00 3,438.09 75643 TRUNORTH TRUE NORTH COMPLIANCE SERVICES INC 05/05/2025 0.00 12,740.00 75644 TZVALA ALAN TZVIKA NISSEL 05/05/2025 0.00 528.00
75645 VALOSTEP STEPHANIE VALOTTO 05/05/2025 0.00 206.10 75646 WESTCO WESTCO CONTRACTORS INC 05/05/2025 0.00 500.00 AP Checks by Date - Summary by Check Number (5/14/2025 9:33 AM) Page 2 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 75647 13STARS 13 STARS MEDIA 05/05/2025 0.00 315.18
75648 ALLKAR KARMEL ALLISON 05/05/2025 0.00 25.00
75649 BROALE ALEXIS BROWN 05/05/2025 0.00 85.84
75650 BROALE ALEXIS BROWN 05/05/2025 0.00 371.85
75651 DANJUL JULIE ROTHSTIEN DANIELS 05/05/2025 0.00 100.00 75652 DELCAR CARYN DE LA CRUZ 05/05/2025 0.00 45.36
75653 ENHANCE2 ENHANCED LANDSCAPE MANAGEMEN05/05/2025 T LLC 0.00 19,110.00 75654 HASSNAT NATHAN HASSALL 05/05/2025 0.00 150.00
75655 HERLEE LEE HERRICK 05/05/2025 0.00 800.00
75656 RIGGINS MARIANNE RIGGINS 05/05/2025 0.00 1,471.04 75657 STAPLES STAPLES CONTRACT & COMMERCIAL LLC 05/05/2025 0.00 1,874.78 75658 13STARS 13 STARS MEDIA 05/09/2025 0.00 1,472.00
75659 APPLE APPLEONE 05/09/2025 0.00 7,299.96
75660 CJBIOMON COURTNEY JEAN MCCAMMON 05/09/2025 0.00 19,070.00 75661 CLEANHAR CLEAN HARBORS ENVIRONMENTAL SERVICES INC 05/09/2025 0.00 5,900.00 75662 COTTON COTTON SHIRES & ASSOCIATES INC 05/09/2025 0.00 61,686.25 75663 RINCONC RINCON CONSULTANTS INC 05/09/2025 0.00 31,695.00 75664 TRIPEPIS TRIPEPI SMITH & ASSOCIATES 05/09/2025 0.00 35,355.86 75665 UNVARNIS UNVARNISHED INC 05/09/2025 0.00 212,779.90 75666 4LEAF 4LEAF INC 05/09/2025 0.00 37,940.98
75667 AMERGUAR AMERICAN GUARD SERVICES INC 05/09/2025 0.00 4,652.91 75668 ARCIR ARC DOCUMENT SOLUTIONS LLC 05/09/2025 0.00 37.53 75669 BBK BEST BEST & KRIEGER LLP 05/09/2025 0.00 198,208.36 75670 CASSWCON CASSWELL CONSULTING INC 05/09/2025 0.00 15,400.00 75671 COOKALI ALLISON COOK 05/09/2025 0.00 4,908.75
75672 COTTON COTTON SHIRES & ASSOCIATES INC 05/09/2025 0.00 1,050.50 75673 CRPRINT CR PRINT 05/09/2025 0.00 2,332.70
75674 DUBOUX ROB DUBOUX 05/09/2025 0.00 1,162.08
75675 FILIPPIN FILIPPIN ENGINEERING INC 05/09/2025 0.00 2,357.50 75676 KONICA KONICA MINOLTA BUSINESS SOLUTIONS USA INC 05/09/2025 0.00 2,500.00 75677 KURTKRUE KURT KRUEGER ARCHITECTS 05/09/2025 0.00 215.00 75678 LACOANI LA CO ANIMAL CARE & CONTROL 05/09/2025 0.00 4,028.82 75679 LACOSHE LA CO SHERIFF'S DEPARTMENT 05/09/2025 0.00 37,246.66 75680 MASTERCO MASTER COOLING CORPORATION 05/09/2025 0.00 2,033.80 75681 MNS MNS ENGINEERS INC 05/09/2025 0.00 420.00
75682 PARSARS PUBLIC AGENCY RETIREMENT SVCS 05/09/2025 0.00 300.00 75683 SCEDISO SOUTHERN CALIFORNIA EDISON COMPANY 05/09/2025 0.00 23,101.09 75684 TETRATE TETRA TECH INC 05/09/2025 0.00 500.00
75685 ULTMAINT ULTIMATE MAINTENANCE SERVICES INC05/09/2025 0.00 4,350.00 75686 USLABS BUREAU VERITAS NORTH AMERICA INC05/09/2025 0.00 24,846.14 75687 AAAPROP AAA PROPANE SERVICES INC 05/09/2025 0.00 1,089.20 75688 ADVANTAN MAP COMMUNICATIONS INC 05/09/2025 0.00 292.00 75689 AMERGLOB AMERICAN GLOBAL SECURITY INC 05/09/2025 0.00 2,100.00 75690 ANAWALT ANAWALT LUMBER CO INC 05/09/2025 0.00 1.00 75691 BROYUS YUSUF BROACHWALA 05/09/2025 0.00 250.00
75692 BURCAR CARA BURGE 05/09/2025 0.00 150.00
75693 CONEJOA CONEJO AWARDS 05/09/2025 0.00 51.07
75694 COOPERM MARSHA COOPER 05/09/2025 0.00 650.00
75695 DANESHJ JACKLINE DANESHRAD 05/09/2025 0.00 440.00 75696 DURANDE ERIN DURAND 05/09/2025 0.00 250.00
75697 EILPAM PAMELA EILERSON 05/09/2025 0.00 210.00
75698 FERCANOL LAURA DEMIERI FERCANO 05/09/2025 0.00 340.00 75699 FRONTIER FRONTIER CALIFORNIA INC 05/09/2025 0.00 819.30 75700 GAREMI EMILY GARDNER 05/09/2025 0.00 300.00
75701 GIINDUS GI INDUSTRIES 05/09/2025 0.00 2,064.46
75702 JONSHER SHERI JOHNSON 05/09/2025 0.00 150.00
75703 KUSREN RENEE KUSHNIR 05/09/2025 0.00 450.00
AP Checks by Date - Summary by Check Number (5/14/2025 9:33 AM) Page 3 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 75704 LACOWAT LA CO MALIBU TREASURER-WATERWORKS 05/09/2025 0.00 200.98 75705 MALLHE LHEANE MALLO 05/09/2025 0.00 250.00
75706 MANMIC MICHAEL ANTHONY MANFREDO 05/09/2025 0.00 160.00 75707 MERRICKJ JUDY MERRICK 05/09/2025 0.00 200.00
75708 MILJNCRT COURTNEY MILLER-JONES 05/09/2025 0.00 150.00 75709 MONAHAN ANN MONAHAN 05/09/2025 0.00 480.00
75710 MURRJO JOAN MURRAY 05/09/2025 0.00 150.00
75711 MURTRA TRACEY MURRAY 05/09/2025 0.00 150.00
75712 ROSENSHE SHEILA ROSENTHAL 05/09/2025 0.00 320.00
75713 SERBRI BRIAN SERGOTT 05/09/2025 0.00 250.00
75714 SLOAK KRISTINE SLOAN 05/09/2025 0.00 300.00
75715 STAPLES STAPLES CONTRACT & COMMERCIAL LLC 05/09/2025 0.00 317.18 75716 VERIZONW VERIZON WIRELESS SERVICES LLC 05/09/2025 0.00 5,629.33 75717 WOODSTAC STACEY WOODS 05/09/2025 0.00 150.00
Report Total (175 checks): 212,779.90 3,257,800.82
AP Checks by Date - Summary by Check Number (5/14/2025 9:33 AM) Page 4 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 User:
Printed: 05/14/2025 - 9:33AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Account Number Vendor Description GL Date Check No Amount PO No 100-0000-3202-00 LOS ANGELES COUNTY FIRE DEPARTMENT Fire District Film Permit Fees Jan to Mar '25 05/01/2025 75578 8,100.00 0000004478 Vendor Subtotal: 8,100.00
100-0000-3419-00 CHARTER COMMUNICATIONS Encroachment Permit No. 25-009 Credit Card Overcha 05/01/2025 rge 75553 0.30 Vendor Subtotal: 0.30
100-0000-3463-00 TRACEY MURRAY Ref - Adult Pickleball Spring '25 05/09/2025 75711 150.00 Vendor Subtotal: 150.00
100-0000-3464-00 JOAN MURRAY Ref - Youth Pickleball Spring '25 05/09/2025 75710 150.00 Vendor Subtotal: 150.00
100-0000-3467-00 CARA BURGE Ref - Improv Theater Spring '25 05/09/2025 75692 150.00 Vendor Subtotal: 150.00
100-0000-3467-00 PAMELA EILERSON Ref - Dog Obedience Spring '25 05/09/2025 75697 210.00 Vendor Subtotal: 210.00
100-0000-3467-00 EMILY GARDNER Ref - Improv Theater Spring '25 05/09/2025 75700 150.00 100-0000-3467-00 EMILY GARDNER Ref - Nature Detectives Spring '25 05/09/2025 75700 150.00 Vendor Subtotal: 300.00
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 1 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 100-0000-3467-00 SHERI JOHNSON Ref - Soccer Spring '25 05/09/2025 75702 150.00 Vendor Subtotal: 150.00
100-0000-3467-00 RENEE KUSHNIR Ref - Youth Golf Spring '25 05/09/2025 75703 150.00 Vendor Subtotal: 150.00
100-0000-3467-00 COURTNEY MILLER-JONES Ref - Improv Theater Spring '25 05/09/2025 75708 150.00 Vendor Subtotal: 150.00
100-0000-3467-00 STACEY WOODS Ref - Soccer Spring '25 05/09/2025 75717 150.00 Vendor Subtotal: 150.00
100-0000-3469-00 RENEE KUSHNIR Ref - Skateboarding Spring '25 05/09/2025 75703 300.00 Vendor Subtotal: 300.00
100-0000-3469-00 KRISTINE SLOAN Ref - Skateboarding Spring '25 05/09/2025 75714 300.00 Vendor Subtotal: 300.00
100-0000-3905-00 LA CO ANIMAL CARE & CONTROLAnimal Control - Jan '25 Credit Received as CK05/01/2025 75574 1,560.72 Vendor Subtotal: 1,560.72
100-0000-3943-00 JAIME DI MARCO Ref - TOT Q1-2025 Overpymt 05/05/2025 75613 372.00 Vendor Subtotal: 372.00
100-3001-5100-00 FOX WEATHER LLC Weather Forecasting Svcs - Jan '25 05/01/2025 75565 700.00 0000003512 100-3001-5100-00 FOX WEATHER LLC Weather Forecasting Svcs - Apr '25 05/05/2025 75615 700.00 0000003512 Vendor Subtotal: 1,400.00
100-3001-5121-01 SCA OF CA LLC Street Sweeping Svcs - Mar '25 05/01/2025 75592 7,635.42 0000004404 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 2 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 7,635.42
100-3001-5124-00 STATE OF CA DEPT OF TRANSPORTATION PCH Signals & Lighting - Oct to Dec ' 24 05/01/2025 75563 10,470.81 0000004481 Vendor Subtotal: 10,470.81
100-3001-5124-00 SIEMENS MOBILITY INC Traffic Signal Maint - Grayfox/Fernhill Batteries 11/6/24 05/01/2025 75602 1,710.00 0000004120 100-3001-5124-00 SIEMENS MOBILITY INC Traffic Signal Maint - Mar '25 05/01/2025 75602 606.00 0000004120 Vendor Subtotal: 2,316.00
100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Broad Beach - Mar '25 05/05/2025 75683 -41.02 100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Cross Creek Rd Ped - Mar '25 05/05/2025 75683 13.57 100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Traffic Control - Mar '25 05/05/2025 75683 117.46 100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Winter Cyn - Mar '25 05/05/2025 75683 80.32 100-3001-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Webb Way Signal - Mar '25 05/05/2025 75683 98.21 Vendor Subtotal: 268.54
100-3001-5725-00 GI INDUSTRIES Garbage - City Yard 4/1 - 4/15/25 05/09/2025 75701 1,996.67 Vendor Subtotal: 1,996.67
100-3001-6160-00 ANAWALT LUMBER CO INC PW - Concrete 05/01/2025 75548 25.28 100-3001-6160-00 ANAWALT LUMBER CO INC PW - Concrete 05/01/2025 75548 25.28 100-3001-6160-00 ANAWALT LUMBER CO INC Credit Memo: PW Return - Concrete 05/09/2025 75690 -192.31 100-3001-6160-00 ANAWALT LUMBER CO INC PW - Grout/Concrete 05/09/2025 75690 284.59 100-3001-6160-00 ANAWALT LUMBER CO INC Credit Memo: PW Return - Grout/Concrete 05/09/2025 75690 -284.56 100-3001-6160-00 ANAWALT LUMBER CO INC PW - Concrete 05/09/2025 75690 192.28 Vendor Subtotal: 50.56
100-3001-6160-00 UNDERGROUND SERVICE ALERT OF SOCA Monthly Fee - Mar '25 05/01/2025 75599 33.41 100-3001-6160-00 UNDERGROUND SERVICE ALERT OF SOCA Dig Alerts - Mar '25 05/01/2025 75599 335.60 Vendor Subtotal: 369.01
100-3001-7800-00 SIEMENS MOBILITY INC Traffic Signal Maint - 6970 Fernhill Repair 9/6/24 05/01/2025 75602 1,415.00 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 3 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 1,415.00
100-3007-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY CCSTF - Mar '25 05/05/2025 75683 527.06 Vendor Subtotal: 527.06
100-3007-5723-00 LA CO MALIBU TREASURER-WATERWORKS Water - Irrigation Broad Beach 1/22 - 3/18/25 Acct#29652752 05/09/2025 75704 190.98 Vendor Subtotal: 190.98
100-3008-5100-00 AMERICAN GUARD SERVICES INCCrossing Guard Program - Mar '25 05/05/2025 75667 4,652.91 0000003807 Vendor Subtotal: 4,652.91
100-3008-5300-00 ROB DUBOUX Reimb - 2025 APWA Annual Conf Airfare (3) 05/05/2025 75674 1,162.08 Vendor Subtotal: 1,162.08
100-3008-5330-00 AMERICAN PUBLIC WORKS ASSOCIATION Annual Membership Dues 05/05/2025 75606 1,671.00 Vendor Subtotal: 1,671.00
100-3008-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Public Works 05/05/2025 75657 12.04 100-3008-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Public Works 05/05/2025 75657 8.19 100-3008-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Public Works 05/09/2025 75715 17.78 Vendor Subtotal: 38.01
100-4007-5107-00 ERIN DURAND Instructor - Ballroom Dance 4/25/25 05/09/2025 75696 250.00 Vendor Subtotal: 250.00
100-4008-5107-00 MARSHA COOPER Instructor - Stretch & Strength - Apr '25 05/09/2025 75694 650.00 Vendor Subtotal: 650.00
100-4008-5107-00 JACKLINE DANESHRAD Instructor - Cardio Salsa - Apr '25 05/09/2025 75695 440.00 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 4 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 440.00
100-4008-5107-00 LAURA DEMIERI FERCANO Instructor - Choir - Apr '25 05/09/2025 75698 340.00 Vendor Subtotal: 340.00
100-4008-5107-00 MICHAEL ANTHONY MANFREDO Instructor - Yoga - Apr '25 05/09/2025 75706 160.00 Vendor Subtotal: 160.00
100-4008-5107-00 JUDY MERRICK Instructor - Relax Through Coloring - Apr '25 05/09/2025 75707 200.00 Vendor Subtotal: 200.00
100-4008-5107-00 ANN MONAHAN Instructor - Pilates, Ballet, Jazz - Apr '25 05/09/2025 75709 480.00 Vendor Subtotal: 480.00
100-4008-5107-00 SHEILA ROSENTHAL Instructor - Knitting - Apr '25 05/09/2025 75712 320.00 Vendor Subtotal: 320.00
100-4008-5401-00 13 STARS MEDIA Ad - Spring Sr Programs 4/24/25 05/09/2025 75658 268.00 Vendor Subtotal: 268.00
100-4008-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Senior Ctr 05/09/2025 75715 266.98 Vendor Subtotal: 266.98
100-4010-5100-00 AMERICAN GLOBAL SECURITY INCTrancas - Security Svcs - Apr '25 05/09/2025 75689 1,050.00 0000004128 100-4010-5100-00 AMERICAN GLOBAL SECURITY INCEquestrian - Security Svcs - Apr '25 05/09/2025 75689 1,050.00 0000004128 Vendor Subtotal: 2,100.00
100-4010-5610-00 ACME VALLEY SECURITY SERVICES, INC. Bluffs Park Security Camera Svc Call 1/28/25 05/01/2025 75546 616.25 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 5 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 616.25
100-4010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY PCH Median - Mar '25 05/05/2025 75683 13.57 100-4010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Rambla Pacifico - Mar '25 05/05/2025 75683 46.80 100-4010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Bluffs Park Lift Station - Mar '25 05/05/2025 75683 37.10 100-4010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Community Services - Mar '25 05/05/2025 75683 667.50 Vendor Subtotal: 764.97
100-4012-5107-00 NATHAN HASSALL The Ripple Effect Poetry Workshop 4/26/25 05/05/2025 75654 150.00 Vendor Subtotal: 150.00
100-4012-5401-00 13 STARS MEDIA Ad - Poet Laureate 4/17/25 05/09/2025 75658 268.00 Vendor Subtotal: 268.00
100-7001-5100-00 STLR CORPORATION School District Separation - Dec '24 05/01/2025 75591 3,816.25 0000003541 100-7001-5100-00 STLR CORPORATION School District Separation - Feb/Mar '25 05/01/2025 75591 26,176.25 0000003541 Vendor Subtotal: 29,992.50
100-7001-5104-00 CALIFORNIA STRATEGIES & ADVOCACY LLC Lobbying Svcs - Apr '25 05/05/2025 75609 12,500.00 0000003092 Vendor Subtotal: 12,500.00
100-7001-5300-00 MARIANNE RIGGINS Lodging/Mileage - CivicWell Conference 05/05/2025 75656 1,471.04 Vendor Subtotal: 1,471.04
100-7001-5330-00 SISTER CITIES INTERNATIONAL FY 25/26 Annual Dues - Sister Cities 05/01/2025 75593 310.00 Vendor Subtotal: 310.00
100-7001-5930-00 HAND IN HAND FY 24/25 General Fund Grant 05/01/2025 75571 4,000.00 Vendor Subtotal: 4,000.00
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 6 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 100-7002-5100-00 MAP COMMUNICATIONS INC Live Telephone Answering Svcs - Apr '25 05/01/2025 75547 270.84 0000004376 100-7002-5100-00 MAP COMMUNICATIONS INC Live Telephone Answering Svcs - May '25 05/09/2025 75688 292.00 Vendor Subtotal: 562.84
100-7002-5100-00 THATS THE SOUND PRODUCTIONSSafety Campaign 05/01/2025 75595 27,000.00 0000004386 100-7002-5100-00 THATS THE SOUND PRODUCTIONSSafety Campaign 05/01/2025 75595 27,000.00 0000004386 100-7002-5100-00 THATS THE SOUND PRODUCTIONSSafety Campaign 05/01/2025 75595 27,000.00 0000004386 Vendor Subtotal: 81,000.00
100-7002-7800-00 SAMYS CAMERA Upgraded Camera Equipment 05/05/2025 75638 5,634.82 0000004485 Vendor Subtotal: 5,634.82
100-7003-5100-00 DR MICHAEL D MATTHEWS SMMUSD Separation - Mar '25 05/01/2025 75583 3,360.00 0000004162 Vendor Subtotal: 3,360.00
100-7003-5105-00 TOWNSEND PUBLIC AFFAIRS INCGrant Writing Svcs - Apr '25 05/01/2025 75597 6,500.00 0000004075 Vendor Subtotal: 6,500.00
100-7003-5107-00 APPLEONE Temp Staff - J. Williams 4/5/25 05/09/2025 75659 1,521.60 Vendor Subtotal: 1,521.60
100-7003-5300-00 ALEXIS BROWN Meal/Parking - CA Cities Conference 05/05/2025 75649 24.08 100-7003-5300-00 ALEXIS BROWN Meals - JPIA Conference 05/05/2025 75649 26.31 100-7003-5300-00 ALEXIS BROWN Meals - MMASC Conference 05/05/2025 75649 35.45 Vendor Subtotal: 85.84
100-7003-5340-00 ALEXIS BROWN Mileage - CA Cities/JPIA/MMASC Confrences05/05/2025 75650 371.85 Vendor Subtotal: 371.85
100-7003-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - City Manager 05/05/2025 75657 113.27 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 7 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 100-7003-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - City Manager 05/09/2025 75715 12.56 Vendor Subtotal: 125.83
100-7005-5101-00 BEST BEST & KRIEGER LLP General Legal Councel - Mar '25 05/05/2025 75669 29,619.00 0000004323 Vendor Subtotal: 29,619.00
100-7005-5101-00 BROWN RUDNICK LLP Legal Svcs - Trails/Rights of Way - Mar '25 05/05/2025 75608 170.00 0000004388 Vendor Subtotal: 170.00
100-7005-5101-01 BEST BEST & KRIEGER LLP School District Separation - Mar '25 05/05/2025 75669 51,955.35 0000004323 Vendor Subtotal: 51,955.35
100-7005-5102-00 BEST BEST & KRIEGER LLP Litigation - Mar '25 05/05/2025 75669 98,112.81 0000004323 Vendor Subtotal: 98,112.81
100-7005-5103-00 DAPEER ROSENBLIT & LITVAK LLPCity Prosecutor Svc - Mar '25 05/01/2025 75561 5,580.00 0000002553 Vendor Subtotal: 5,580.00
100-7007-5150-00 LA CO REGISTRAR RECCORDER/CITY CLERK Nov, 5 2024 General Municipal Election Services 05/05/2025 75628 27,168.99 0000004484 Vendor Subtotal: 27,168.99
100-7021-5100-00 KIMLEY-HORN AND ASSOCIATES INC Speed Safety - Mar '25 05/05/2025 75622 16,230.00 0000004444 Vendor Subtotal: 16,230.00
100-7021-5100-01 DEPT OF THE CA HIGHWAY PATROLTraffic Enforcement - Mar '25 05/01/2025 75552 55,554.15 0000004220 Vendor Subtotal: 55,554.15
100-7021-5106-00 LA CO ANIMAL CARE & CONTROLAnimal Control - Mar '25 05/05/2025 75678 4,028.82 0000004307 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 8 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 4,028.82
100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Lost Hills - Mar '25 05/01/2025 75579 884,018.69 0000004305 100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Liaison 2/11 - 2/28/25 05/01/2025 75579 20,582.40 0000004305 100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Traffic Enforcement 2/2 - 2/28/25 05/01/2025 75579 16,674.86 0000004305 100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Liaison 3/4 - 3/15/25 05/05/2025 75679 21,611.52 0000004305 100-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Traffic Enforcement 3/2 - 3/27/25 05/05/2025 75679 13,526.12 0000004305 Vendor Subtotal: 956,413.59
100-7021-5116-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Beach Team 3/19 - 3/24/25 05/05/2025 75679 2,109.02 0000004305 Vendor Subtotal: 2,109.02
100-7021-5119-00 OCEAN PARK COMMUNITY CENTERHomeless Outreach - Mar '25 05/05/2025 75633 33,241.00 0000003783 Vendor Subtotal: 33,241.00
100-7021-5122-00 LAZ KARP ASSOCIATES LLC Parking Enforcement - Mar '25 05/01/2025 75580 44,022.65 0000004318 Vendor Subtotal: 44,022.65
100-7021-5640-00 SOUTHERN CALIFORNIA EDISON COMPANY Tier - Mar '25 05/05/2025 75683 117.58 Vendor Subtotal: 117.58
100-7021-5721-00 MACKAY COMMUNICATIONS INCSatellite Phone Svc (2) - Oct '24 05/05/2025 75629 948.60 Vendor Subtotal: 948.60
100-7021-5721-00 REMOTE SATELLITE SYSTEMS INT'L Satellite Phones - May '25 05/01/2025 75589 255.80 Vendor Subtotal: 255.80
100-7021-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Public Safety 05/05/2025 75657 11.09 Vendor Subtotal: 11.09
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 9 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 100-7054-5100-00 GOVERNMENTAL FINANCIAL SERVICES CPA Svcs - FEMA 4305/FY25 Q2 Portfolio - Mar '25 05/01/2025 75569 825.00 0000004320 Vendor Subtotal: 825.00
100-7054-5100-01 QUINTO CONSULTING LP City Treasurer Svcs - Jan to Mar '25 05/05/2025 75635 6,600.00 0000003670 Vendor Subtotal: 6,600.00
100-7054-5300-00 JOSEPH TONEY Reimb - Cancelation Fee 2025 Cal Cities CM Conf 05/01/2025 75596 293.43 Vendor Subtotal: 293.43
100-7054-5401-00 13 STARS MEDIA Legal Notice - CDBG Public Notice 4/24/25 05/05/2025 75647 61.20 Vendor Subtotal: 61.20
100-7054-5405-00 CR PRINT Film Permit Door Hangers Notification 05/01/2025 75560 1,690.15 Vendor Subtotal: 1,690.15
100-7054-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Finance 05/05/2025 75657 89.44 100-7054-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Finance 05/09/2025 75715 19.86 Vendor Subtotal: 109.30
100-7058-5100-00 ERGO SOLUTION INC Ergonomic Evaluations 4/1/25 05/01/2025 75564 1,625.00 Vendor Subtotal: 1,625.00
100-7058-5100-00 GALLAGHER BENEFIT SERVICES INC Classification Study Analysis - Final Milestone05/05/2025 75623 4,600.00 0000004278 Vendor Subtotal: 4,600.00
100-7058-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Ergonomics 05/05/2025 75657 188.97 100-7058-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Ergonomics 05/05/2025 75657 80.69 Vendor Subtotal: 269.66
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 10 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 100-7059-5210-00 ANAWALT LUMBER CO INC Service Fee for Late Payment INV:823367 - 4/30/25 05/09/2025 75690 1.00 Vendor Subtotal: 1.00
100-7059-5210-00 PUBLIC AGENCY RETIREMENT SVCS PARS Admin Fee - Feb '25 05/05/2025 75682 300.00 Vendor Subtotal: 300.00
100-7059-5640-00 ARC DOCUMENT SOLUTIONS LLCHP Pagewide XL400MFP 2/26 - 3/26/25 05/01/2025 75550 12.18 100-7059-5640-00 ARC DOCUMENT SOLUTIONS LLCHP Pagewide XL400MFP 3/26 - 4/26/25 05/05/2025 75668 37.53 Vendor Subtotal: 49.71
100-7059-5640-00 EXCEL OFFICE SERVICES Copier Maint 3/17 - 4/16/25 05/05/2025 75614 697.62 Vendor Subtotal: 697.62
100-7059-5720-00 ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC 2025 Offsite Records Svcs - Apr 05/05/2025 75604 6,328.69 0000003532 100-7059-5720-00 ACCESS INFORMATION INTERMEDIATE HOLDINGS 1 LLC Shred Svcs 3/31/25 05/05/2025 75604 13.22 0000003532 Vendor Subtotal: 6,341.91
100-7059-5721-00 FRONTIER CALIFORNIA INC Bluffs Park 2nd Public Wifi - Apr '25 05/01/2025 75566 213.93 100-7059-5721-00 FRONTIER CALIFORNIA INC Bluffs Park Public Wifi 4/17 - 5/16/25 05/05/2025 75616 148.48 Vendor Subtotal: 362.41
100-7059-5721-00 T-MOBILE USA INC Phones/Tablets - Fire Safety 3/21 - 4/20/25 05/05/2025 75641 844.55 Vendor Subtotal: 844.55
100-7059-5721-00 VERIZON WIRELESS SERVICES LLCCell Phone Svcs - 3/24 - 4/23/25 05/09/2025 75716 5,629.33 Vendor Subtotal: 5,629.33
100-7059-5800-00 QUADIENT LEASING USA INC Postage Meter Leasing 3/1 - 5/29/25 05/05/2025 75634 1,008.60 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 11 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 1,008.60
100-7059-5800-00 US BANK NATIONAL ASSOCIATIONToshiba Leases 4/15 - 5/15/25 05/05/2025 75642 3,438.09 Vendor Subtotal: 3,438.09
100-7059-6160-00 CR PRINT Business Cards - City Staff 05/05/2025 75611 246.89 100-7059-6160-00 CR PRINT Business Cards - City Staff 05/05/2025 75673 588.26 100-7059-6160-00 CR PRINT Business Cards - City Staff 05/05/2025 75673 222.25 Vendor Subtotal: 1,057.40
100-7059-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Non Departmental 05/05/2025 75657 7.43 100-7059-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Non Departmental 05/05/2025 75657 755.10 Vendor Subtotal: 762.53
Subtotal for Section 1: 100 1,563,172.93
101-0000-3208-00 COUCH ELECTRIC INC Reissue Ck#62667 Ref-WF Rebuild Fees- 29630 Cuthbert 05/05/2025 75610 183.00 Vendor Subtotal: 183.00
101-0000-3209-00 LINDSAY GALBRAITH Ref - Admin Fee Permit 25-0697, 6361 Sea Star Dr 05/05/2025 75617 215.00 Vendor Subtotal: 215.00
101-0000-3409-00 COUCH ELECTRIC INC Reissue Ck#62667 Ref-WF Rebuild Fees- 29630 Cuthbert 05/05/2025 75610 6.00 Vendor Subtotal: 6.00
101-0000-3410-00 COUCH ELECTRIC INC Reissue Ck#62667 Ref-WF Rebuild Fees- 29630 Cuthbert 05/05/2025 75610 91.50 Vendor Subtotal: 91.50
101-0000-3410-00 KURT KRUEGER ARCHITECTS Ref - Building Check Fee IPC 25-0143, 23465 Civic Ctr 05/05/2025 Wy 75677 215.00 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 12 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 215.00
101-0000-3412-00 MALIBU BROADBEACH LP Ref - Coastal Engr Fee OC 25-042, 22810 PCH05/01/2025 75581 528.00 Vendor Subtotal: 528.00
101-0000-3412-00 ALAN TZVIKA NISSEL Ref - Coastal Engr Fees OC 25-025, 22816 PCH05/05/2025 75644 528.00 Vendor Subtotal: 528.00
101-0000-3419-00 STEPHANIE VALOTTO Ref - Credit Card Fees 05/05/2025 75645 6.10 Vendor Subtotal: 6.10
101-0000-3421-00 ALLEN MATKINS LECK GAMBLE Ref - Appeal Fee CDP 14-028, 31438 Broad Beach Rd 05/05/2025 75605 750.00 Vendor Subtotal: 750.00
101-0000-3421-00 CHEZ RENEE LLC Ref - Planning Fee PC 24-046, 21337 PCH 05/01/2025 75555 396.00 Vendor Subtotal: 396.00
101-0000-3421-00 MICHAEL AND CATHARINA PLEN Ref - Credit Card Fee PVWF 25-003, 29623 Harvester Rd 05/01/2025 75588 18.57 Vendor Subtotal: 18.57
101-0000-3421-00 STEPHANIE VALOTTO Ref - Planning Fees OC 24-358, 29500 Heathercli 05/05/2025 ff Rd 75645 200.00 Vendor Subtotal: 200.00
101-0000-3427-00 COUCH ELECTRIC INC Reissue Ck#62667 Ref-WF Rebuild Fees- 29630 Cuthbert 05/05/2025 75610 1.83 Vendor Subtotal: 1.83
101-0000-3435-00 COUCH ELECTRIC INC Reissue Ck#62667 Ref-WF Rebuild Fees- 29630 Cuthbert 05/05/2025 75610 45.75 Vendor Subtotal: 45.75
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 13 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 101-2001-5100-00 4LEAF INC Planning Svcs - Mar '25 05/05/2025 75666 10,640.00 0000004387 Vendor Subtotal: 10,640.00
101-2001-5100-00 CASSWELL CONSULTING INC Contract Planning - Mar '25 05/05/2025 75670 14,525.50 0000004361 Vendor Subtotal: 14,525.50
101-2001-5100-00 CIVIC SOLUTIONS INC Contract Planning Svcs - Mar '25 05/01/2025 75557 20,925.00 0000004413 101-2001-5100-00 CIVIC SOLUTIONS INC Contract Planning Svcs - Jan '25 05/01/2025 75557 15,861.25 0000004413 Vendor Subtotal: 36,786.25
101-2001-5100-00 COURTNEY JEAN MCCAMMON City Proj Biologist - Mar '25 05/09/2025 75660 150.00 0000004442 Vendor Subtotal: 150.00
101-2001-5100-00 ALLISON COOK Planning Svcs - Mar '25 05/01/2025 75558 7,755.00 0000004394 101-2001-5100-00 ALLISON COOK Planning Svcs - Apr '25 05/05/2025 75671 4,908.75 0000004394 Vendor Subtotal: 12,663.75
101-2001-5100-00 COTTON SHIRES & ASSOCIATES INCPlanning Svcs - Oct '24 05/05/2025 75672 1,050.50 0000004314 Vendor Subtotal: 1,050.50
101-2001-5100-01 COURTNEY JEAN MCCAMMON Contract Biologist - Mar '25 05/09/2025 75660 12,620.00 0000004442 Vendor Subtotal: 12,620.00
101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 24250 Pacific Coast Hwy - CDP 24-048 05/01/2025 75575 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 6215 Kanan Dume Rd - CDPWF 21-008 05/01/2025 75576 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 7157 Birdview Ave - CDP 24-01105/01/2025 75577 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 6511.5 Westward Beach Rd - CDP 22-069 05/05/2025 75627 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 5941 Philip Ave - APR 23-024 05/05/2025 75626 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 23350 Malibu Colony - CDP 24-042 05/05/2025 75624 75.00 101-2001-5210-00 LA COUNTY REGISTRAR-RECORDER LA CO CLERK CEQA Filing - 28815 Bison Ct - CDP 24-021 05/05/2025 75625 75.00 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 14 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 525.00
101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 4/3/25 05/01/2025 75544 64.26 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 4/10/25 05/01/2025 75544 125.46 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 4/10/25 05/01/2025 75544 134.64 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 4/17/25 05/01/2025 75544 76.50 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 10-Day 4/24/2505/05/2025 75647 137.70 101-2001-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 21 Day 4/24/25 05/05/2025 75603 64.26 Vendor Subtotal: 602.82
101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 05/01/2025 75560 186.82 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 05/01/2025 75560 388.12 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 05/01/2025 75560 188.80 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 05/01/2025 75560 550.17 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 05/05/2025 75673 270.78 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 05/05/2025 75673 442.61 0000004077 101-2001-5401-00 CR PRINT Public Notice Postcard Mailings 05/05/2025 75673 542.71 0000004077 Vendor Subtotal: 2,570.01
101-2001-6160-00 ARC DOCUMENT SOLUTIONS LLCNameplates - Planning Commission 05/01/2025 75549 65.48 101-2001-6160-00 ARC DOCUMENT SOLUTIONS LLCNameplates - Planning 05/05/2025 75607 28.10 Vendor Subtotal: 93.58
101-2001-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Planning 05/05/2025 75657 417.14 Vendor Subtotal: 417.14
101-2004-5100-00 COTTON SHIRES & ASSOCIATES INCEH Counter Hours - Mar '25 05/01/2025 75559 8,736.50 0000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATES INCB&S Misc - Mar '25 05/01/2025 75559 95.50 0000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATES INCGeotech Reviews - Mar '25 05/01/2025 75559 45,595.50 0000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATES INCGeo/Coastal Engr Counter Hours - Mar '25 05/01/2025 75559 21,296.55 0000004314 101-2004-5100-00 COTTON SHIRES & ASSOCIATES INCB&S Misc - Mar '25 05/01/2025 75559 238.75 0000004314 Vendor Subtotal: 75,962.80
101-2004-5100-00 TRUE NORTH COMPLIANCE SERVICES INC In House Plan Check Engr - Mar '25 05/05/2025 75643 12,740.00 0000004319 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 15 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 12,740.00
101-2004-5100-00 BUREAU VERITAS NORTH AMERICA INC On Site Plans Examiner - Mar '25 05/01/2025 75600 10,010.00 0000004398 101-2004-5100-00 BUREAU VERITAS NORTH AMERICA INC On Site Inspections - Mar '25 05/01/2025 75600 12,187.50 0000004398 101-2004-5100-00 BUREAU VERITAS NORTH AMERICA INC On Site Permit Tech - Mar '25 05/05/2025 75686 15,003.00 0000004398 101-2004-5100-00 BUREAU VERITAS NORTH AMERICA INC Plan Check - Mar '25 05/05/2025 75686 9,004.64 0000004398 Vendor Subtotal: 46,205.14
101-2004-5107-00 APPLEONE Temp Staff - S. Cordova 4/5/25 05/09/2025 75659 1,217.28 Vendor Subtotal: 1,217.28
101-2004-5340-00 CARYN DE LA CRUZ Mileage - City Hall/CSU Career Fair 4/9/25 05/05/2025 75652 45.36 Vendor Subtotal: 45.36
101-2004-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 4/17/25 05/05/2025 75647 58.14 101-2004-5401-00 13 STARS MEDIA Legal Notice - Public Hearing 4/24/25 05/05/2025 75647 58.14 Vendor Subtotal: 116.28
101-2004-6160-00 STAPLES CONTRACT & COMMERCIAL LLC Office Supplies - Bldg Safety 05/05/2025 75657 191.42 Vendor Subtotal: 191.42
101-2010-5100-00 COTTON SHIRES & ASSOCIATES INCEH Reviews - Mar '25 05/01/2025 75559 14,532.25 0000004314 Vendor Subtotal: 14,532.25
101-2012-5300-00 JESSE RODRIGUEZ Reimb - Code Enf Training - Apr '25 05/05/2025 75637 83.20 Vendor Subtotal: 83.20
101-2012-5340-00 JESSE RODRIGUEZ Mileage - Roundtrip to Code Enf Training - Apr '25 05/05/2025 75637 435.40 Vendor Subtotal: 435.40
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 16 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 101-3003-5100-00 CITY OF LOS ANGELES TREASURERFY 23/24 Santa Monica Bay TMDL Monitoring05/01/2025 75556 35,823.67 0000003924 101-3003-5100-00 CITY OF LOS ANGELES TREASURERFY 24/25 Santa Monica Bay TMDL Monitoring05/01/2025 75556 36,898.38 0000003924 Vendor Subtotal: 72,722.05
101-3003-5100-00 RINCON CONSULTANTS INC On-Call Environmental Svcs T5 - Mar '25 05/01/2025 75590 25,371.50 0000004337 101-3003-5100-00 RINCON CONSULTANTS INC On-Call Environmental Svcs - Mar '25 05/01/2025 75590 30,103.00 0000004337 Vendor Subtotal: 55,474.50
101-3003-5100-00 TETRA TECH INC Malibu Creek Trash TMRP - Mar '25 05/05/2025 75640 4,833.68 0000003028 Vendor Subtotal: 4,833.68
101-3003-5100-02 TETRA TECH INC CIMP Monitoring - Mar '25 05/05/2025 75640 69,689.77 0000003028 Vendor Subtotal: 69,689.77
Subtotal for Section 1: 101 450,078.43
102-0000-3313-00 GOVERNOR'S OFFICE OF EMERGENC FY 16/17 DSR 4305 Deobligation - Winter Storms Y SVCS 05/01/2025 75570 8,388.80 Vendor Subtotal: 8,388.80
102-3002-5100-00 LORRIE FEINBERG DB Updates - Woolsey Fire - Mar '25 05/05/2025 75620 4,252.50 0000004147 Vendor Subtotal: 4,252.50
102-3002-5100-01 COURTNEY JEAN MCCAMMON WF Biologist - Mar '25 05/09/2025 75660 1,500.00 0000004442 Vendor Subtotal: 1,500.00
102-3002-5100-02 4LEAF INC WF Planning Svcs - Mar '25 05/05/2025 75666 27,300.98 0000004387 Vendor Subtotal: 27,300.98
102-3002-5100-02 CASSWELL CONSULTING INC WF Contract Planning - Mar '25 05/05/2025 75670 874.50 0000004361 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 17 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 874.50
102-3002-5100-03 COTTON SHIRES & ASSOCIATES INCWF Counter Hours - Mar '25 05/01/2025 75559 2,824.25 0000003347 102-3002-5100-03 COTTON SHIRES & ASSOCIATES INCWF Geotech Reviews - Mar '25 05/01/2025 75559 5,628.00 0000003347 102-3002-5100-03 COTTON SHIRES & ASSOCIATES INCWF EH Reviews - Mar '25 05/01/2025 75559 4,164.50 0000003347 Vendor Subtotal: 12,616.75
102-3002-5100-03 BUREAU VERITAS NORTH AMERICA INC WF Plan Check - Mar '25 05/05/2025 75686 838.50 0000004398 Vendor Subtotal: 838.50
102-3101-5120-01 CLEAN HARBORS ENVIRONMENTAL SERVICES INC Franklin Fire Hazardous Waste - Mar '25 05/09/2025 75661 5,900.00 0000004466 Vendor Subtotal: 5,900.00
102-3102-5100-00 BEST BEST & KRIEGER LLP Fire Disaster Response - Mar '25 05/05/2025 75669 18,521.20 0000004323 Vendor Subtotal: 18,521.20
102-3102-5100-00 HINDERLITER DE LLAMAS & ASSOCI Palisades Fire Economic Impact Report - Jan to Mar '25 ATES 05/01/2025 75573 20,000.00 0000004482 Vendor Subtotal: 20,000.00
102-3102-5100-00 TRIPEPI SMITH & ASSOCIATES Palisades Fire - On-Call Communication - Mar '25 05/09/2025 75664 35,355.86 0000004457 Vendor Subtotal: 35,355.86
102-3102-5100-01 COURTNEY JEAN MCCAMMON Palisades Rebuild Counter - Mar '25 05/09/2025 75660 4,800.00 0000004486 Vendor Subtotal: 4,800.00
102-3102-5100-03 COTTON SHIRES & ASSOCIATES INCPalisades Fire - EH Counter & Geo/Coastal Engr - Mar '25 05/09/2025 75662 61,686.25 0000004460 Vendor Subtotal: 61,686.25
102-3102-5100-03 RINCON CONSULTANTS INC Palisades Fire - On-Call Environmental - Mar '250/09/2025 75663 31,695.00 0000004475 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 18 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 31,695.00
102-3102-5107-00 APPLEONE Temp Staff - Fire Rebuild Ctr 4/5/25 05/09/2025 75659 4,561.08 Vendor Subtotal: 4,561.08
102-3102-5401-00 13 STARS MEDIA Ad - ROE Assistance 4/10/25 05/09/2025 75658 268.00 102-3102-5401-00 13 STARS MEDIA Ad - Recovery/Rebuild Newsletter 4/24/25 05/09/2025 75658 268.00 102-3102-5401-00 13 STARS MEDIA Digital Ad - Recovery/Rebuild 4/7/25 05/09/2025 75658 400.00 Vendor Subtotal: 936.00
102-3102-5721-00 FRONTIER CALIFORNIA INC Phone - Rebuild Center 4/26 - 5/25/25 05/09/2025 75699 228.49 Vendor Subtotal: 228.49
102-3102-6160-00 CONEJO AWARDS Rebuild Center - Name Plates 05/09/2025 75693 51.07 Vendor Subtotal: 51.07
102-3102-6160-00 CR PRINT Rebuild Ctr - Business Cards 05/05/2025 75673 266.09 Vendor Subtotal: 266.09
102-3102-6160-00 TIM HORTON Reimb - PCH Pass CERT Team Lunch 05/05/2025 75619 192.65 Vendor Subtotal: 192.65
102-9207-5100-00 TOM MALLOY CORPORATION Temp Shoring Plates - Latigo Cyn 2/27 - 3/26/2505/01/2025 75598 1,848.00 Vendor Subtotal: 1,848.00
Subtotal for Section 1: 102 241,813.72
103-9050-5100-00 MASTER COOLING CORPORATIONHVAC Repairs 05/05/2025 75631 951.56 103-9050-5100-00 MASTER COOLING CORPORATIONCity Hall HVAC Maint - Apr 25 05/05/2025 75631 2,033.80 0000004118 103-9050-5100-00 MASTER COOLING CORPORATIONCity Hall HVAC Maint - May '25 05/05/2025 75680 2,033.80 0000004118 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 19 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 5,019.16
103-9050-5100-00 ULTIMATE MAINTENANCE SERVICES INC City Hall Janitorial Svcs - May '25 05/05/2025 75685 4,350.00 0000004018 Vendor Subtotal: 4,350.00
103-9050-5610-00 101 ROOFING AND CONSTRUCTIONBuilding Leak Repair 05/01/2025 75543 2,631.00 Vendor Subtotal: 2,631.00
103-9050-5610-00 DEPARTMENT OF INDUSTRIAL RELATIONS City Hall Elevator Annual Inspection 05/01/2025 75562 225.00 103-9050-5610-00 DEPARTMENT OF INDUSTRIAL RELATIONS City Hall Wheel Chair Lift Annual Inspection 05/01/2025 75562 125.00 Vendor Subtotal: 350.00
103-9050-5610-00 BOB HARTS ELECTRIC INC. Transformer Replacement 05/01/2025 75572 998.30 Vendor Subtotal: 998.30
103-9050-5610-00 JG WATER LLC Water Treatment - Apr '25 05/05/2025 75621 2,692.68 Vendor Subtotal: 2,692.68
103-9050-5610-00 MOSSER PLUMBING & HEATING INC City Hall - Plumbing 4/23/25 05/05/2025 75632 202.50 Vendor Subtotal: 202.50
103-9050-5610-00 WESTCO CONTRACTORS INC Light Equipment Training & Review 05/05/2025 75646 500.00 Vendor Subtotal: 500.00
103-9050-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY City Hall - Mar '25 05/05/2025 75683 7,382.94 Vendor Subtotal: 7,382.94
103-9050-5725-00 GI INDUSTRIES Garbage - City Hall Green Waste - May '25 05/09/2025 75701 67.79 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 20 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 67.79
103-9050-6160-00 AAA PROPANE SERVICES INC City Hall Propane 05/09/2025 75687 1,089.20 Vendor Subtotal: 1,089.20
103-9050-6160-00 HD SUPPLY INC City Hall - Janitorial Supplies 05/05/2025 75618 148.18 103-9050-6160-00 HD SUPPLY INC City Hall - Janitorial Supplies 05/05/2025 75618 529.61 Vendor Subtotal: 677.79
103-9050-7300-00 PAUL JOSEPH CROTEAU MASD - New Wall 4/22/25 05/05/2025 75612 4,544.00 Vendor Subtotal: 4,544.00
Subtotal for Section 1: 103 30,505.36
105-9088-5100-00 ENHANCED LANDSCAPE MANAGEMEN Legacy/Ioki Lot - T LLC Tree Limb Removal 05/05/2025 75653 1,600.00 Vendor Subtotal: 1,600.00
Subtotal for Section 1: 105 1,600.00
211-7021-5115-00 LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Brulte - Mar '25 05/01/2025 75579 6,740.66 0000004305 Vendor Subtotal: 6,740.66
Subtotal for Section 1: 211 6,740.66
215-7070-5931-01 MALIBU COMMUNITY LABOR EXCHANGE CDBG Day Labor Exchange - Mar '25 05/05/2025 75630 816.00 0000004322 Vendor Subtotal: 816.00
215-7070-7800-00 WILLIAMS SCOTSMAN INC Temp Office Trailer 3/28 - 4/27/25 05/01/2025 75601 1,812.43 215-7070-7800-00 WILLIAMS SCOTSMAN INC MCLE Restroom Trailer - Tank 4/15 - 5/12/25 05/01/2025 75601 1,036.35 215-7070-7800-00 WILLIAMS SCOTSMAN INC MCLE Restroom Trailer - Toilet 4/16 - 5/13/2505/01/2025 75601 5,402.80 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 21 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 8,251.58
Subtotal for Section 1: 215 9,067.58
290-6002-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Asmt Dist Big Rock - Mar '25 05/05/2025 75683 939.66 290-6002-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Big Rock Inland Pump - Mar '25 05/05/2025 75683 83.60 Vendor Subtotal: 1,023.26
Subtotal for Section 1: 290 1,023.26
291-6003-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Asmt dst Malibu Rd - Mar '25 05/05/2025 75683 71.73 Vendor Subtotal: 71.73
Subtotal for Section 1: 291 71.73
292-6004-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Asmt Dist Rambla-Calle - Mar '25 05/05/2025 75683 49.50 292-6004-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Asmt Dist Calle Del - Mar '25 05/05/2025 75683 62.49 Vendor Subtotal: 111.99
Subtotal for Section 1: 292 111.99
310-9066-5100-00 GMZ ENGINEERING INC PCH Signal Sync Proj - Feb '25 05/01/2025 75567 369,103.92 0000004076 Vendor Subtotal: 369,103.92
310-9090-5100-00 FILIPPIN ENGINEERING INC Task 1: Permanent Skate Park - Mar '25 05/05/2025 75675 2,357.50 0000004488 Vendor Subtotal: 2,357.50
310-9102-5100-00 KIMLEY-HORN AND ASSOCIATES INC PCH Median Improvements - Mar '25 05/05/2025 75622 5,452.50 0000004423 Vendor Subtotal: 5,452.50
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 22 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 310-9103-5100-00 KIMLEY-HORN AND ASSOCIATES INC Task 15: Kanan Dume Biofilters - Jan '25 05/05/2025 75622 1,778.21 0000004356 Vendor Subtotal: 1,778.21
310-9110-5100-00 KIMLEY-HORN AND ASSOCIATES INC Task 16: Encinal Cyn Storm Drain - Jan '25 05/05/2025 75622 18,410.00 0000004356 310-9110-5100-00 KIMLEY-HORN AND ASSOCIATES INC Task 16: Encinal Cyn Storm Drain - Dec '24 05/05/2025 75622 9,250.00 0000004356 Vendor Subtotal: 27,660.00
Subtotal for Section 1: 310 406,352.13
500-7008-5130-00 ENHANCED LANDSCAPE MANAGEMEN Legacy Park - Drainage Repairs T LLC 05/05/2025 75653 17,510.00 0000004483 Vendor Subtotal: 17,510.00
500-7008-5610-00 WINK ROBERTS Supercare Trash Enclosure Paint 05/01/2025 75585 957.11 Vendor Subtotal: 957.11
500-7008-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY 23661 PCH - Mar '25 05/05/2025 75683 800.88 500-7008-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Legacy Park Lift Station - Mar '25 05/05/2025 75683 695.10 Vendor Subtotal: 1,495.98
Subtotal for Section 1: 500 19,963.09
515-3010-5210-00 SOUTH COAST AQMD AQMD Emissions Fees - Fac ID 181174 FY 24/25 05/01/2025 75594 165.96 515-3010-5210-00 SOUTH COAST AQMD AQMD Renewal Fees - Fac ID 181174 FY 24/250/01/2025 75594 2,478.88 515-3010-5210-00 SOUTH COAST AQMD AQMD Emissions Fees - Fac ID 181178 FY 24/25 05/01/2025 75594 165.96 515-3010-5210-00 SOUTH COAST AQMD AQMD Renewal Fees - Fac ID 181178 FY 24/250/01/2025 75594 6,354.56 0000004479 515-3010-5210-00 SOUTH COAST AQMD AQMD Emissions Fees - Fac ID 181179 FY 24/25 05/01/2025 75594 165.96 515-3010-5210-00 SOUTH COAST AQMD AQMD Renewal Fees - Fac ID 181179 FY 24/250/01/2025 75594 541.04 Vendor Subtotal: 9,872.36
515-3010-5656-00 RINCON CONSULTANTS INC CCWTF Water Quality Monitoring - Mar '25 05/05/2025 75636 1,720.50 0000004135 Vendor Subtotal: 1,720.50
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 23 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No 515-3010-5721-00 BADGER METER INC Meter Monitoring - Mar '25 05/01/2025 75551 39.56 Vendor Subtotal: 39.56
515-3010-5721-00 FRONTIER CALIFORNIA INC Phone - CCWTF - 4/4 - 5/3/25 05/09/2025 75699 180.20 515-3010-5721-00 FRONTIER CALIFORNIA INC Phone - CCWTF - 4/8 - 5/7/25 05/09/2025 75699 410.61 Vendor Subtotal: 590.81
515-3010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Injection Wells/CCWWTF - Mar '25 05/05/2025 75683 282.58 515-3010-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY CCWWTF - Mar '25 05/05/2025 75683 10,649.55 Vendor Subtotal: 10,932.13
515-3010-5723-00 LA CO MALIBU TREASURER-WATERWORKS Late Fee - CCWTF 1/6 - 3/5/25 Acct#2915303005/09/2025 75704 10.00 Vendor Subtotal: 10.00
Subtotal for Section 1: 515 23,165.36
601-3005-5722-00 SOUTHERN CALIFORNIA EDISON COMPANY Electric Car Charger - Mar '25 05/05/2025 75683 404.91 Vendor Subtotal: 404.91
601-3005-6330-00 VASUDEVAN NAICKER Car Wash City Vehicles 4/24/25 05/01/2025 75587 225.00 Vendor Subtotal: 225.00
601-3005-6500-00 WRIGHT EXPRESS FSC WEX BANKGas Receipts 3/24 - 4/23/25 05/01/2025 75554 1,586.21 Vendor Subtotal: 1,586.21
Subtotal for Section 1: 601 2,216.12
602-7060-5100-00 KONICA MINOLTA BUSINESS SOLUTIONS USA INC OnBase Database Maint - Jan '25 05/05/2025 75676 1,250.00 0000004487 602-7060-5100-00 KONICA MINOLTA BUSINESS SOLUTIONS USA INC OnBase Database Maint - Mar '25 05/05/2025 75676 1,250.00 0000004487 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 24 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 2,500.00
602-7060-5721-00 FRONTIER CALIFORNIA INC Fiber Optics Svcs 4/15 - 5/14/25 05/01/2025 75566 1,630.00 Vendor Subtotal: 1,630.00
602-7060-7400-00 GOVCONNECTION INC Access Point License 05/01/2025 75568 2,091.38 Vendor Subtotal: 2,091.38
Subtotal for Section 1: 602 6,221.38
710-0000-2270-04 UNVARNISHED INC Reissue Ck75545 Partial Grading Bond Release 18-0172 05/09/2025 75665 212,779.90 Vendor Subtotal: 212,779.90
710-0000-2270-06 LISA MCGUIRE Ref - Sheriff's Fee, A Walk on Water Permit No. 24-008 05/01/2025 75584 352.83 Vendor Subtotal: 352.83
710-0000-2270-12 YUSUF BROACHWALA Ref - BROACHWALA, YUSUF - Security Deposit 4/24/25 05/09/2025 75691 250.00 Vendor Subtotal: 250.00
710-0000-2270-12 LHEANE MALLO Ref - MALLO, LHEANE - Security Deposit 4/26/25 05/09/2025 75705 250.00 Vendor Subtotal: 250.00
710-0000-2270-12 BRIAN SERGOTT Ref - SERGOTT, BRIAN - Security Deposit 4/19/25 05/09/2025 75713 250.00 Vendor Subtotal: 250.00
710-0000-2270-35 TETRA TECH INC 6464 Ramirez Mesa Rd - EH Review 1/1 - 3/21/25 05/05/2025 75684 500.00 0000003524 Vendor Subtotal: 500.00
710-0000-2270-44 KARMEL ALLISON MLSS - Annual Poetry Event 5/17/25 05/05/2025 75648 25.00 AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 25 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4 Account Number Vendor Description GL Date Check No Amount PO No Vendor Subtotal: 25.00
710-0000-2270-44 JULIE ROTHSTIEN DANIELS MLSS - Annual Poetry Event 5/17/25 05/05/2025 75651 100.00 Vendor Subtotal: 100.00
710-0000-2270-44 LEE HERRICK MLSS - Annual Poetry Event 5/17/25 05/05/2025 75655 800.00 Vendor Subtotal: 800.00
710-0000-2270-44 MALIBU ELEMENTARY PTA Malibu Elem Library Set Aside Funds 05/01/2025 75582 5,188.74 Vendor Subtotal: 5,188.74
710-0000-2270-51 MNS ENGINEERS INC 30411 PCH - Sep '24 05/01/2025 75586 1,325.00 0000004380 710-0000-2270-51 MNS ENGINEERS INC 5890 Ramirez Cyn Rd - Mar '25 05/05/2025 75681 420.00 0000004380 Vendor Subtotal: 1,745.00
Subtotal for Section 1: 710 222,241.47
715-9049-5810-01 STATE WATER RESOURCES CONTROL BOARD CCWTF-SRF Repymt D1501033/Proj 8018-110 Interest 05/05/2025 75639 273,455.61 Vendor Subtotal: 273,455.61
Subtotal for Section 1: 715 273,455.61
Report Total: 3,257,800.82
AP-Transactions by Account (05/14/2025 - 9:33 AM) Page 26 Docusign Envelope ID: 1AAB7824-3FA5-490F-9BF3-F9196C17CCB4
Agenda Item # 1.B.3.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Toney, Acting City Manager
Date prepared: May 15, 2025 Meeting date: May 27, 2025
Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the February 27, 2025 Special Meeting.
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: Staff has prepared draft minutes for the Council meeting on February 27, 2025.
ATTACHMENTS:
February 27, 2025 Special Meeting
City Council Meeting
05-27-25
Item
1.B.3.
MINUTES
MALIBU CITY COUNCIL
SPECIAL MEETING
FEBRUARY 27, 2025
COUNCIL CHAMBERS
3:00 P.M.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 2:41 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Haylynn Conrad, Bruce Silverstein and Steve Uhring.
PUBLIC COMMENT ON CLOSED SESSION
Mayor Stewart opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 2:41 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
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)
Conference with Legal Counsel – Anticipated Litigation
1. Significant exposure to litigation pursuant to paragraph (2) and/or (3) of subdivision (d) of Section 54956.9
Number of Potential Cases: (1)
Personnel Matters pursuant to Government Code Section 54957:
1. Public Employee Performance Evaluation
Title: City Manager
2. Public Employee Discipline/Dismissal/Release
3. Public Employee Appointment
Title: Interim City Manager
Malibu City Council
Minutes of February 27, 2025
_________________________
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
1. City representative: Interim City Attorney Trevor Rusin Unrepresented employee: City Manager
REGULAR SESSION CALL TO ORDER
Mayor Stewart called the meeting to order at 3:16 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Haylynn Conrad, Bruce Silverstein and Steve Uhring.
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Joseph Toney, Acting City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Yolanda Bundy, Environmental Sustainability Director; Maureen Tamuri, Interim Planning Director; Susan Dueñas, Public Safety Director; Matt Myerhoff, Media Information Officer; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; Kate Manisco, Recreation Manager; Solishia Andico, Environmental Health Administrator; Julie Bauer, Supervising Permit Services Technician; Ryan Cerny, Supervising Building Inspector; Andre Ketchedjian, Senior Plan Check Engineer; Tracey Rossine, Environmental Programs Manager; Tyler Eaton, Principal Planner; Brandie Ayala, Senior Management Analyst; and Jorge Rubalcava, Senior Civil Engineer
PLEDGE OF ALLEGIANCE
Scott Dittrich led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 2:40 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Sections 54956.9, 54957, and 54957.6, with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action. He stated the Council unanimously directed him to make the following statement: The City Manager has been on leave and the City has been working with the current City Manager on an agreement that would result in his separation from the City, which the City will bring back on the Consent Calendar at a future meeting. The City is exploring its options for the City Manager position and will report back to the public in the future. At this time, Joe Toney will continue to serve as the Acting City Manager.
REPORT ON POSTING OF AGENDA
Malibu City Council
Minutes of February 27, 2025
_________________________
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on February 26, 2025.
APPROVAL OF AGENDA
MOTION Councilmember Uhring moved, and Mayor Pro Tem Riggins seconded a motion to approve the agenda, hearing Item No. 1.A. concurrently with Item No. 2.C. The motion carried unanimously.
ITEM 2 NEW BUSINESS
A. Consideration of Additional Public Workshops or Meetings for Local Coastal Plan Amendment and Municipal Code Amendment (LCPA/MMCA) Discussions Recommended Action: 1) Direct staff on scheduling additional workshops or meetings prior to final approval of the Local Coastal Plan Amendment and the Municipal Code Amendment; and 2) Provide direction on the current format of the March 4, 2025, City Council meeting.
Acting City Manager Toney presented the staff report.
The Council directed questions to staff.
Mayor Stewart opened the floor to public comment.
Speakers: Dean Wenner, Andrew Sheldon, Paula Logan, Jo Drummond (Peter Monge deferred time to Jo Drummond), and Brian Merrick
Wade Major declined the opportunity to speak.
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff
CONSENSUS
By Consensus, the Council directed staff to notice a rebuild ordinance workshop, to last no longer than six hours, and the public hearing for the first reading of the ordinance on March 4, 2025.
B. Participation in the County of Los Angele Palisades Fire Debris Removal Program Recommended Action: 1) Authorize the City Manager to execute a Memorandum of Understanding (MOU) between the County of Los Angeles and the City of Malibu regarding the consolidated debris removal program for opt-in properties within the City in response to the Palisades Fire; and 2) Authorize the City Attorney or City Manager to make and enter into minor, non-material and typographical changes or amendments to the MOU if necessary to effectuate its purpose.
Malibu City Council
Minutes of February 27, 2025
_________________________
Acting City Manager Toney and Environmental Sustainability Director presented the staff report.
Mayor Stewart opened the floor to public comment.
Speakers: Dean Wenner, Scott Dittrich, Jo Drummond, and Ryan Embree As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Silverstein moved to: 1) authorize the City Manager to execute a Memorandum of Understanding (MOU) between the County of Los Angeles and the City of Malibu regarding the consolidated debris removal program for opt-in properties within the City in response to the Palisades Fire; and 2) authorize the City Attorney or City Manager to make and enter into minor, non-material and typographical changes or amendments to the MOU if necessary to effectuate its purpose.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Riggins second the motion.
The Council discussed the motion and directed questions to staff.
RECESS At 4:38 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 4:51 p.m. with all Councilmembers present.
The Council discussed the item and directed questions to staff.
The motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Malibu Rebuilds Process Overview
Item No. 1.A. and Item No. 2.C. were heard concurrently.
ITEM 2 NEW BUSINESS (Continued)
C. Fire Rebuild Policy Discussion
Recommended Action: 1) Receive a report on the City’s post-fire recovery efforts, including proposals for public safety, environmental concerns, and community rebuilding initiatives; and 2) Provide direction to City Manager on key fire recovery items described in the agenda report.
Malibu City Council
Minutes of February 27, 2025
_________________________
Acting City Manager Toney presented the staff report.
Mayor Stewart opened the floor to public comment.
Speakers: Wade Major, Drew Leonard, Luis Tena, Abe Roy (Jimmy Petulla and Peter Monger deferred time to Abe Roy), Janet Fulk, Dean Wenner, Robert Macleod (Connor Macleod deferred time to Robert Macleod), Scott Dittrich, Norm Haynie, Lea Johnson, Reg Browne, Jefferson Wagner, Raymond Portela, Ryan Embree
Councilmember Conrad left the dais.
Speakers: Jo Drummond (Colin Drummond and Julie Masterson deferred time to Jo Drummond)
Councilmember Conrad returned to the dais.
Speakers: Nora Cohen, DNA Moore, and Lester Tobias
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to bring back an item to considering waiving rebuild permit fees.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Silverstein moved, Mayor Stewart second a motion to direct the City Manager to purchase lunch for staff from local businesses and bring back an item for budget appropriation, if necessary. The motion carried unanimously.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to bring back an item on economic development to support local businesses during recovery.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider reducing noticing requirements and other permitting requirements for events and to support local businesses during recovery.
Malibu City Council
Minutes of February 27, 2025
_________________________
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to explore options for security in the fire burn area.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to bring back an item at a special meeting on sewer options and OWTS systems for fire rebuilds.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to schedule an insurance workshop and work with Councilmember Silverstein.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider requesting Los Angeles County to declare an eviction moratorium.
The Council discussed the item and directed questions to staff.
Councilmember Conrad left the dais at 7:28 p.m.
The Council discussed the item and directed questions to staff.
Councilmember Conrad returned to the dais at 7:50 p.m.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to reach out to local universities to determine if they can provide assistance with environmental testing.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to schedule a special meeting to discuss the recovery center rebuild organization structure, including considering a Rebuild Czar or neighborhood liaison position.
ADJOURNMENT
Malibu City Council
Minutes of February 27, 2025
_________________________
At 8:39 p.m., Mayor Pro Tem Riggins moved, and Mayor Stewart seconded a motion to adjourn the meeting. The motion carried unanimously.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
DOUG STEWART, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Agenda Item # 1.B.4.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Nathaniel McLean, Assistant Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Joseph D. Toney, Acting City Manager
Date prepared: April 15, 2025 Meeting date: May 27, 2025 Subject: Professional Services Agreement for Pedestrian Undercrossing at Malibu Seafood
RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with MNS Engineers, Inc. in an amount not to exceed $587,556 for engineering design services for the Pedestrian Undercrossing at Malibu Seafood.
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. 310- 9114-5100 (PCH Pedestrian Undercrossing at Malibu Seafood). Below is a breakdown of the estimated project costs and available funding.
Project Estimate Project Funding
Design $1,000,000 Metro Measure M $2,250,000
Construction $1,250,000
Total $2,250,000 Total $2,250,000
The project is funded within the available Measure M allocation.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The Pedestrian Undercrossing at Malibu Seafood project was identified in the PCH safety study conducted in 2015 to improve safety for pedestrians crossing PCH.
The project aims to construct a new pedestrian undercrossing that would connect Corral City Council Meeting
5-27-25
Item
1.B.4.
1
Agenda Item # 1.B.4.
Beach across from Malibu Seafood to the Sara Wan trailhead located next to Malibu Seafood. The project also seeks to accommodate ADA access and includes the construction of lighting within the pedestrian undercrossing to improve visibility. This project is located within Caltrans right-of-way and is subject to Caltrans project development and permitting process.
On July 18, 2024, staff issued a Request for Qualifications/Proposals RFQ/P for engineering design services for the Pedestrian Undercrossing at Malibu Seafood project to retain a qualified consultant to develop a new pedestrian undercrossing.
On August 22, 2025, the City received three proposals for engineering design services.
Staff reviewed the proposals and scored them based on the City’s protocol. At the completion of the reviews, it was determined that MNS Engineers, Inc., was the most qualified consultant to provide engineering design services for this project.
Staff recommends authorizing the Mayor to execute a professional services agreement with MNS Engineers, Inc. in an amount not to exceed $587,556 for the engineering design services for the Pedestrian Undercrossing at Malibu Seafood project.
ATTACHMENTS: Professional Services Agreement with MNS Engineers, Inc. 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of May 12, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and MNS Engineers, 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 engineering design services for the pedestrian undercrossing near Malibu Seafood. 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 of this Agreement.
NOW, THEREFORE, the City and the Consultant agree as follows:
1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in Exhibit A (Scope of Work), attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A 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 May 12, 2025, and will remain in effect for a period of 3 years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.
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 Exhibit A, Scope of Work and Exhibit B compensation schedule. The cost of services shall not exceed $587,556. No additional compensation shall be paid for any other expenses incurred unless first approved in writing 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 written, detailed bill for services itemizing the fees and costs incurred during the 3 Attachment 1
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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 financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.
5.2 If a portion of the Consultant’s services called for under this Agreement 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, with or without cause, by giving the other party ten (10) calendar 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 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. 4 Agreement for Professional Services
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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, which the City may grant or deny in its sole and absolute discretion.
6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, sexual orientation, or any other protected category 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 C which is incorporated herein.
6.5 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including Agreement for Professional Services [Consultant] Page 4 of 13 attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator.
In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
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 Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or 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, Consultant will be obligated to pay for City’s defense until such time as a final judgment has 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 any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
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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 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 Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, 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 Agreement for Professional Services
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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 Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation 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 City’s review of the Consultant’s report or 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 7 Agreement for Professional Services
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connected therewith except for the provisions of Section 6.5 and 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.
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 D Toney CONSULTANT: Shawn Kowalewski
Acting City Manager Vice President
City of Malibu MNS Engineers, Inc.
23825 Stuart Ranch Road 201 N Calle Cesar Chavez Ste
300
Malibu, CA 90265-4861 Santa Barbara, CA 93103
TEL (310) 456-2489 x 224 TEL (805) 692-6921
FAX (310) 456-2760
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 acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make 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 California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, 8 Agreement for Professional Services
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the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of May 12, 2025.
CONSULTANT: _______________________________ By:
CITY OF MALIBU: ___________________________________ MARIANNE RIGGINS, Mayor ATTEST: ___________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: ___________________________________ TREVOR RUSIN, Interim City Attorney 9 Agreement for Professional Services
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EXHIBIT A
SCOPE OF WORK
Scope of Work
The project features constructing a new pedestrian undercrossing connecting Corral Beach to the Sara Wan trailhead. The undercrossing will include providing adequate width, head clearance, ADA accessibility, and lighting to improve pedestrian visibility and safety.
The design of these improvements will include an evaluation of existing conditions, an environmental analysis, an analysis of at least 3 different design alternatives, development of project performance metrics, and site-specific information for design.
The scope also includes permitting, including obtaining a Local Coastal Development Permit, and a Caltrans encroachment permit. Preparation for and conducting public meetings as needed.
Scope of Services:
1. Project Initiation Documentation (PID) Phase
a. Meet with City to develop preferred project delivery strategy b. Data collection
c. Meet with Caltrans
d. Complete preliminary environmental analysis report (PEAR) e. Determine project development process
i. EPOP (Encroachment Permits Office Process)
ii. Quality management assessment process, or QMAP
1. Short-form (design engineering evaluation report, or DEER)
2. Standard (project report, or PR)
f. Complete PID depending on outcome of meetings and strategy i. None if EPOP or DEER (DEER covers both PID and PR)
1. Single-Build Alternative
2. At-grade or Std Plan structures
3. No R/W modifications
4. Not in known geologic slip/slide area
5. Standard Caltrans agreements will be used
6. No CTC or FHWA action
7. And other criteria that the proposed project alternatives should satisfy
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ii. Else, project study report – project development support (PSR-PDS) Deliverables:
Project Delivery Strategy Memorandum
Data Collection Report
Caltrans Meeting
Preliminary Environmental Analysis Report (PEAR)
Caltrans Documents depending on outcome
2. Project Approval and Environmental Document (PA&ED) Phase a. Public and stakeholder engagement
i. Rendering
ii. Meetings
iii. Workshop
b. Initiate coastal and resource permitting
c. If EPOP:
i. Complete ED
d. If DEER:
i. Complete ED
ii. Complete DEER
iii. Obtain Caltrans approval of DEER
e. If PR:
i. Complete ED
ii. Public stakeholder meetings and input on project
iii. Complete PR
iv. Complete Design Standard Decision Document (DSDD) if any v. Complete Traffic Safety Systems Guide (TSSG) design exceptions if any vi. Obtain Caltrans approval of PR, ED, DSDD, TSSG design exceptions, etc.
Deliverables:
Public and Stakeholder Renderings, Meetings, and Workshops Coastal and Resource Permitting
Environmental Document (ED)
Caltrans Documents depending on outcome
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EXHIBIT C
INSURANCE LANGUAGE
Without limiting Consultant’s indemnification 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 amended. Any endorsement restricting standard ISO “insured contract” language will not be 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.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $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 employer’s liability. Such policy or policies shall include the following terms and conditions:
• 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;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess 13 Agreement for Professional Services
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over commercial general liability, automobile liability, and employer’s liability policies. Such 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 certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City 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 for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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 Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk 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.
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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 the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-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. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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 collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements 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 conformity with the requirements of this section. However, in the event Consultant’s 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 sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with 15 Agreement for Professional Services
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the Consultant’s requirements under this Agreement. This provision does not relieve the 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.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s 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 result from Consultant’s performance under this Agreement, 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.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 06/12/24 Policy Expiration Date: 06/14/25
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 72 WEG AX1RMA Endorsement Number:
Effective Date: 06/14/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: MNS Engineers, Inc. 201 N CALLE CESAR CHAVEZ
SANTA BARBARA CA 93103
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 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
26
Agenda Item # 1.B.5.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Julie Santia, Associate Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Joseph D. Toney, Acting City Manager
Date prepared: February 10, 2025 Meeting date: May 27, 2025 Subject: Professional Services Agreement with Kimley Horn and Associates, Inc.
RECOMMENDED ACTION: Authorize the Mayor to execute Professional Services Agreement with Kimley Horn and Associates, Inc. (Kimley Horn) for engineering design services for the Pacific Coast Highway (PCH) Crosswalk Improvements at Big Rock and 20326 PCH in the amount of $280,950.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2024-25 in Account No. 310-9101-5100 (PCH Crosswalks Imps – Big Rock Drive and 20326 PCH). Below is a breakdown of the estimated project costs and available funding.
Project Estimate Project Funding
Design $280,950 Metro Measure M $683,219
Construction $402,269
Total $683,219 Total $683,219
This project is funded with the available Measure M allocation.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The PCH Crosswalk Improvements at Big Rock and 20326 PCH was identified in the 2015 PCH Safety Study and consists of critical traffic safety measures.
City Council Meeting
05-27-25
Item
1.B.5.
1
Agenda Item # 1.B.5.
These measures will be installed to address pedestrian safety at these two locations where pedestrians cross PCH frequently. The project includes installing overhead flashing beacon signs, sidewalk improvements and other pedestrian crossing safety measures.
The project area is located within Caltrans right-of-way at the intersection of PCH and Big Rock Drive and adjacent to 20326 PCH. and is subject to Caltrans project development and permitting process.
On July 5, 2024, a Request for Qualifications (RFQ) for engineering design services for the PCH Crosswalk Improvements at Big Rock and 20326 Project was released. The City received two proposals on August 8, 2024. Staff reviewed the proposals and scored them based on the City’s protocol. At the completion of the reviews, it was determined that Kimley Horn was the most qualified consultant to provide engineering design services for this project.
Staff recommends authorizing the Mayor to execute a professional services agreement with Kimley Horn for the engineering design services for the PCH Crosswalk Improvements at Big Rock and 20326 PCH project in the amount of $280,950.
ATTACHMENT: Professional Services Agreement with Kimley Horn and Associates, Inc. 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of May 12, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and Kimley-Horn and Associates, 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 engineering design services for the Pacific Coast Highway Crosswalk Improvements at Big Rock Drive and 20326.
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 of this Agreement.
NOW, THEREFORE, the City and the Consultant agree as follows:
1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A 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 May 12, 2025, and will remain in effect for a period of 3 years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.
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 Exhibit A, Scope of Work and Exhibit B compensation schedule. The cost of services shall not exceed $280, 950. No additional compensation 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 Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 3 Attachment 1
Agreement for Professional Services
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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 financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.
5.2 If a portion of the Consultant’s services called for under this Agreement 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 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.
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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 C which is incorporated herein.
6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
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 Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or 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, Consultant will be obligated to pay for City’s defense until such time as a final judgment has 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 any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
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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 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 Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, 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 Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 6 Agreement for Professional Services
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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 Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation 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 City’s review of the Consultant’s report or 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 Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 7 Agreement for Professional Services
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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.
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 D. Toney CONSULTANT: Sri Chakravarthy
Acting City Manager Senior Vice President
City of Malibu Kimley-Horn and Associates,
Inc.
23825 Stuart Ranch Road 25152 Springfield Ct., Ste. 200 Malibu, CA 90265-4861 Santa Clarita, CA 91355
TEL (310) 456-2489 x 224 TEL (213) 261-4037
FAX (310) 456-2760
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 acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make 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 California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 8 Agreement for Professional Services
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Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of May 12, 2025.
CONSULTANT:
_______________________________
By: Sri Chakravarthy
Senior Vice President
CITY OF MALIBU:
___________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A
SCOPE OF WORK
Kimley-Horn has developed the scope of services under the assumption that the improvements will be completed and approved through the Caltrans Encroachment Permit Office Process based on the project complexity, construction cost, and as determined by the Caltrans Applicable Review Checklist. The work in Caltrans’ right-of-way will require a set of plans approved by the Caltrans permit office. The scope of services for the PCH Crosswalk improvements shall generally consist of the following tasks.
Task 1 – PROJECT MANAGEMENT
TASK 1.1: PROJECT MANAGEMENT
Kimley-Horn will provide project management for each task detailed in this scope of services. This will include providing project management for the duration of the project and coordination with Caltrans and the City.
Deliverables
• Monthly invoices with progress report
• Project schedule and updates
TASK 1.2: QUALITY CONTROL/QUALITY ASSURANCE
Kimley-Horn will implement its QC/QA program, which includes a senior-level review of project deliverables. The QC/QA program will identify the major project deliverables at the beginning of the project, and notifications will be sent out to the team ahead of deliverables to schedule QC reviews. The project manager will schedule reviews and make sure they are completed. Upon completion of QC reviews, the technical manager and task leaders will review the comments and determine appropriate revisions and responses to comments. The technical manager will then conduct a follow-up meeting to “close the loop” with the QC reviewer and obtain approval of comment resolutions. The project manager will oversee the QC/QA process and will resolve any conflicting comments between the QC reviewer, technical manager, and independent reviewers performing work.
TASK 1.3: PROJECT SCHEDULE
A project schedule will be prepared and maintained by Kimley-Horn. Kimley-Horn will prepare an initial schedule within the first two weeks following the issuance of notice to proceed. The schedule will include tasks, project milestone dates, and City review periods for project submittals. The schedule will identify the critical path of activities and will be updated monthly, or as required, to reflect changes and progress on major milestones throughout the project’s duration.
Deliverables
• Project schedule in Microsoft Project format
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 10 Agreement for Professional Services
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TASK 1.4: MEETINGS
Kimley-Horn will initiate the project by meeting with the City and Caltrans to discuss the improvements and coordinate our planned approach. Kimley-Horn will attend one pre-application meeting with Caltrans, participate in up to 12 bi-weekly conference calls with the team, and communicate through email and phone calls throughout the length of the project. Kimley-Horn will attend a maximum of four City public meetings to present the project and answer questions from commission and council members and City residents. Kimley-Horn will attend and present at the following:
Deliverables
• Agendas and meeting notes
• Public Works/Public Safety Commissions
• Planning Commission
• City Council Meetings
TASK 2: DATA COLLECTION AND PROJECT DEVELOPMENT
TASK 2.1: PROJECT DEVELOPMENT
Kimley-Horn will conduct field exploration to evaluate the existing conditions and assess field conditions against utility research.
Kimley-Horn will analyze and document existing conditions along the corridor by capturing still photographs and creating a matrix along with corridor markup exhibit of the survey, if completed, or using readily available aerial imagery to document existing conditions, street, and right-of-way widths and conditions, overhead and underground utilities, bus facilities, and other existing elements, opportunities, and constraints.
Kimley-Horn will collect existing as-built plans, utility plans, documents, existing traffic and design studies, right-of-way, environmental, and other information pertinent to this proposed project. The team will collect the existing Caltrans and City as-built plans as well as utility plans from utility companies and perform field investigation of the project site.
TASK 2.2: UTILITY COORDINATION
Kimley-Horn will research existing utility infrastructure, both above- and below-ground, and maintain a log identifying responsible parties. Kimley-Horn will research franchise utilities, prior rights, and lead utility coordination with the City and/or third-party utility companies.
Kimley-Horn will complete the following as part of this project:
• Document known utilities in the project vicinity including the quality and reliability of the data, and the potential effects the project may have on them. These items will be documented in a utility conflict matrix.
• Provide recommendations for utility investigations if determined necessary. • Prepare a utility deposit drawing or file with appropriate supporting documents. The drawing may be a utility plan sheet if determined necessary for inclusion on the plan set.
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Kimley-Horn will complete a records search and coordinate with the City to identify utility agencies that should be contacted given the project area. Kimley-Horn will prepare “A” letters to request as-built information for the project area and any future projects that are identified from utility agencies. Pertinent utility information will be incorporated into the topographic base mapping as necessary. The team will verify that utility information is accurately reflected in the base mapping and incorporate additional information from utility requests into the project base mapping. Caltrans will require a utility certification that includes the records from this utility process. Conflict letters (“B” letters) will be sent out to the appropriate utility agencies to reflect the proposed improvements and assess the locations of their facilities as incorporated into the base mapping for potential conflicts. Potential conflicts will be identified, and the team will work to resolve conflicts prior to final design. Once the final design is complete, notice to relocate letters (“C” letters), if necessary, will be sent out to the appropriate utility agencies after final design is approved. A utility matrix will be created to track correspondence, coordination with the various utility owners, and the ultimate disposition of each utility within the project limits.
Deliverables
• Utility “A”, “B”, and “C” Letters
• Utility log matrix (Excel format)
• Utility certifications
TASK 2.3: TOPOGRAPHIC SURVEY AND GIS MAPS
MNS Engineers, Inc., as a survey consultant for the City, will provide a topographic survey to be used as a basemap and will incorporate existing utility information into the basemap for the project. The survey work will include topographic survey base maps as noted below:
• Perform field survey to locate pavement, curbs, drives, walks, fences, walls, planters, and visible surface utilities, together with topographic features such as tops, toes, flow lines, grade breaks, etc. at each return. The field survey will also identify right-of-way limits.
Pavement and surface materials will also be identified. The limits of each survey will include up to 30 feet beyond each end of return, approximately five to seven feet into the roadway, and grade locations approximately three to five feet beyond the apparent rightof-way (if accessible). • Perform field survey to search for and recover existing record monuments sufficient in number to compile the record documents. The monuments will be tied to the project control survey and will be used to orient the boundary to the project mapping datum. • Download and compute survey data and prepare an AutoCAD drawing file. The mapping will be compiled at a scale of 1” = 10’ with a one-foot contour interval. Each surveyed feature will be clearly labeled or noted by symbol as identified in the field.
Kimley-Horn will prepare project location maps for the City’s existing GIS platform.
Deliverables
• Topographic Survey
• Preparation of Base Mapping
TASK 2.4: TRAFFIC AND SAFETY ANALYSIS
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Kimley-Horn will collect traffic volume data at the two locations. Traffic counts will include turning movement counts (TMCs) at the intersection of PCH and Big Rock in the weekday AM and PM peak hours and the weekend peak hour. Additionally, driveway counts will be collected at the inbound and outbound driveways at 20356 Pacific Coast Highway during the same peak hours.
ADT and speed data will be collected on PCH between 20356 Pacific Coast Highway and Big Rock Drive on a typical weekday and weekend day.
Kimley-Horn will collect pedestrian crossing count data for PCH between Las Flores and Big Rock Drive. This segment of PCH currently has no marked crosswalks. However, because parking is allowed on the north side of PCH, many pedestrians cross the street outside of marked crosswalks.
Kimley-Horn will collect crash data for PCH for the segment from 1,000 feet west of 20356 Pacific Coast Highway to 1,000 feet east of Big Rock Drive for a 5-year period. Kimley-Horn will evaluate the crash data to identify trends. Based on the crash analysis, Kimley-Horn will develop a list of recommended countermeasures that may be used to decrease the prevalence of crashes on this area of PCH.
Deliverables
• Traffic count data
• Crash data
• Traffic volume and collision analysis memorandum
TASK 2.5: INTERSECTION IMPROVEMENT CONCEPTUAL PLANS
Based on the traffic and safety analysis conducted in Task 2.4, Kimley-Horn will develop design recommendations for the intersection of PCH and Big Rock Drive and the proposed traffic signal at 20356 Pacific Coast Highway. This task will include a review of the improvements identified in the 2015 Malibu PCH Safety Study and identify additional recommendations based on recent national and state guidelines as well as recommendations based on the safety work Kimley-Horn and the City have been doing on other portions of PCH.
Kimley-Horn will prepare conceptual plans for up to three alternatives at each intersection and submit to the City for review.
Deliverables
• Conceptual plans
TASK 3: PERMITTING AND ENVIRONMENTAL
TASK 3.1: ENVIRONMENTAL DOCUMENTATION AND ANALYSIS
Kimley-Horn will prepare the environmental document consistent with CEQA guidelines for review and approval by the City. It is anticipated that a CE would be required for this project and that no technical reports would be required to support the CE. Kimley-Horn will prepare the Notice of Exemption (NOE) for review by City and Caltrans. The NOE will comprise a project description and qualitative justification that the project meets the requirements of Sections 15301 Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 13 Agreement for Professional Services
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and 15304 of the CEQA guidelines and no conditions listed in Section 15300.2. We will prepare a draft of the document and address one set of consolidated comments prior to finalizing the NOE.
Kimley-Horn will file the NOE with the County Clerk and the Office of Planning and Research (OPR) on behalf of the City.
Deliverables
• Environmental Documentation – NOE
Assumptions and Exclusions
The City will be the lead agency for CEQA, and a CE will be required for this project.
TASK 3.2: PERMITTING
The proposed project is located within the California Coastal Zone and is therefore subject to the California Coastal Act. The City’s LCP was certified by the California Coastal Commission in 2002. Therefore, Kimley-Horn will prepare and submit a Uniform Application and CDP Submittal Checklist to obtain a CDP for review and approval by the City. As part of the noticing of the CDP, Kimley-Horn will provide a list of the names and addresses of all persons whose property is within 500 feet of the project.
The CDP and supporting documentation will be reviewed by various City staff and departments, including the City Biologist, Environmental Health Department, City Coastal Engineer, the City Public Works Department, the Los Angeles County Fire Department, and others as applicable.
Kimley-Horn will provide regulatory services for processing the CDP application through the City. Processing shall include correspondence or telephone calls with the City’s reviewing staff related to the permit or points of clarification and coordination. This task includes the preparation of two formal responses to comment packages.
Assumptions and Exclusions
This task excludes preparation and processing of a CDP through the California Coastal Commission.
TASK 3.3: CALTRANS PERMITTING AND COORDINATION
Kimley-Horn will prepare a Caltrans Encroachment Permit Application for design plan submittal.
Because the estimated construction costs are anticipated to be less than $1 million and the project is not considered complex, we anticipate that project approvals from Caltrans will be through the Encroachment Permit process. In addition to the design plans, the Standard Caltrans Encroachment Permit Application will be prepared for review and approval by Caltrans. Kimley-Horn will complete the Standard Encroachment Permit Application, which will include the TR-0100 Encroachment Application form and the following items:
Traffic Memorandum: Kimley-Horn will collect and analyze traffic data and queuing data and will prepare a memorandum documenting the analysis, methodology, and results.
The memorandum will include a queuing analysis for the extension of the left turn pocket Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 14 Agreement for Professional Services
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at PCH and Big Rock Drive. We will prepare a draft memorandum and address one set of consolidated comments prior to finalizing the draft memorandum to submit along with the Standard Encroachment Permit Application.
Traffic Signal Warrant Analysis: Kimley-Horn will prepare a traffic signal warrant analysis for the intersection of PCH at 20356 Pacific Coast Highway.
Intersection Control Evaluation (ICE): Kimley-Horn will prepare an ICE for the proposed traffic signal at the intersection of PCH at 20356 Pacific Coast Highway.
Utility Certification: Kimley-Horn will prepare a utility certification that includes the records from the utility process.
Plans and Estimate: Kimley-Horn will prepare final plans and estimate, as described in Tasks 5.1 and 5.2, for each location. At 100%, the final plans will be submitted to Caltrans as part of the encroachment permit. We assume up to two rounds of Caltrans comments.
Deliverables
• Caltrans Encroachment Permit Application
• Traffic Memorandum
• Utility Certification
• Plans, Specifications and cost estimate
Assumptions and Exclusions
• The improvements will be categorized under a standard encroachment permit application. • The project improvements will be under $1 million.
• The project does not involve right-of-way conveyances or constructing new structures, maintains existing non-standard roadway design features, and does not propose increasing capacity.
• A Standard Encroachment Permit Application is assumed to be required per the Caltrans Design Engineering Evaluation.
• Report Application Checklist
• A Stormwater Data Report is not required.
TASK 3.4: AERIALLY DEPOSITED LEAD (ADL) SCREENING (Optional) Kimley-Horn will engage a subconsultant to perform a limited ADL site screening within the project footprint using a hand auger and/or direct
push drill rig.
A work plan and Health and Safety Plan (HASP) will be prepared for approval as part of this task.
The work plan and HASP will include traffic control plans, and the field work will include implementation of traffic control in accordance with City and Caltrans requirements.
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 15 Agreement for Professional Services
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TASK 4: PRELIMIARY DESIGN REPORT AND PRELIMINARY DESIGN (50%) TASK 4.1: PRELIMINARY DESIGN REPORT
Kimley-Horn will prepare a Preliminary Design Report (PDR) with up to three design alternatives and recommendations. Kimley-Horn will provide a Preliminary Engineer’s Construction Cost Estimate for all design alternatives and recommendations identified in the PDR.
TASK 4.2: PRELIMINARY DESIGN
Kimley-Horn will conduct a field exploration, evaluating existing conditions and assessing field conditions to identify design issues. Kimley-Horn will analyze and document existing conditions and potential design issues along the corridor by capturing still photographs. Kimley-Horn will collect existing as-built plans, utility plans, documents, accident data, existing traffic and design studies, right-of-way, environmental, and other information pertinent to the preliminary design this proposed project. The team will collect the existing Caltrans and City as-built plans to work with Caltrans on any preliminary design that is proposed within Caltrans’ right-of-way.
TASK 4.3: DESIGN SUBMITTAL (50%)
It is assumed the plans will be completed on City Plan Sheet Borders and one set of plans will be prepared and used for both Caltrans and City approval. Kimley-Horn will continue to develop the design based on the preliminary design approved by the City. The base plans will be prepared using AutoCAD in English units using Caltrans symbology. The following plan sheets are assumed to be required to complete the median improvements and are required for Caltrans Encroachment Permit approval.
Kimley-Horn will also prepare the 50% opinion of probable construction cost estimate based upon the preliminary opinion of probable construction cost estimate. Kimley-Horn will submit the set of plans, technical specifications, and cost estimate for review in PDF format at 50%.
Deliverables
• Title Sheet (1 sheet)
• General Notes (1 sheet)
• Survey Control Plan (2 sheets) 1”=20”
• Demolition and Utility Relocation Plans
(2 sheets) 1”=20”
• Street Plans and Profile (2 sheets)
1”=20”
• Signing and Striping (2 sheets) at
1”=40”
• Traffic Signal (2 sheets) at 1”=20”
• Curb Ramp Design (2 sheets) at 1”=10”
Assumptions and Exclusions
• Plan preparation assumes the City will review the 50% submittal package. • Storm Drain plans are not anticipated
• Landscaping and irrigation plans are not required.
• No utility adjustments or relocations are anticipated • SWPPP is not required
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 16 Agreement for Professional Services
Kimley-Horn and Associates, Inc.
TASK 5: FINAL DESIGN
TASK 5.1: DESIGN SUBMITTAL (90%)
Kimley-Horn will submit the set of plans, technical specifications, and cost estimate for review in PDF format at 90% based upon comments received from the City on the 50% design submittal.
TASK 5.2: DESIGN SUBMITTAL (100%)
Kimley-Horn will submit the set of plans, technical specifications, and cost estimate for review in PDF format at 100% based upon comments received from the City on the 90% design submittal.
TASK 5.3: FINAL SUBMITTAL
Kimley-Horn will submit the set of final plans, technical specifications, and cost estimate for review in PDF format based upon comments received from the City on the 100% design submittal.
Assumptions and Exclusions
• Plan preparation assumes that the City will review the 50%, 90% and 100% submittals.
The final plans will be submitted to Caltrans as part of the encroachment permit. We assume up to two rounds of Caltrans comments.
• Storm Drain plans are not anticipated.
• Landscaping and irrigation plans are not required.
• No utility adjustments or relocations are anticipated. • SWPPP not required.
TASK 5.4: BID SUPPORT
Kimley Horn will respond to up to 10 requests for information (RFIs) throughout the bidding process.
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 17 Agreement for Professional Services
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EXHIBIT B
COMPENSATION SCHEDULE
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 18 Agreement for Professional Services
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EXHIBIT C
INSURANCE LANGUAGE
Without limiting Consultant’s indemnification 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 amended. Any endorsement restricting standard ISO “insured contract” language will not be 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.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $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 employer’s liability. Such policy or policies shall include the following terms and conditions:
• 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;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 19 Agreement for Professional Services
Kimley-Horn and Associates, Inc.
over commercial general liability, automobile liability, and employer’s liability policies. Such 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 certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City 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 for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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 Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk 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.
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 20 Agreement for Professional Services
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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 the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-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. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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 collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements 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 conformity with the requirements of this section. However, in the event Consultant’s 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 sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 21 Agreement for Professional Services
Kimley-Horn and Associates, Inc.
the Consultant’s requirements under this Agreement. This provision does not relieve the 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.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s 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 result from Consultant’s performance under this Agreement, 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.
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 22 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
3/20/2025
Edgewood Partners Insurance Agency
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola 7702207699 [email protected] National Union Fire Ins Co of Pittsburg 19445 KIMLASS Allied World Assurance Co (U.S.) Inc. 19489 Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company 23841 Lloyd's of London 85202 1638306379 A X 2,000,000 X 1,000,000 X Contractual Liab 25,000 2,000,000 4,000,000 X X GL5268169 4/1/2025 4/1/2026
4,000,000
A
A
2,000,000 X
X X
CA4489663 (AOS)
CA2970071 (MA)
4/1/2025
4/1/2025
4/1/2026
4/1/2026
B X X 5,000,000 X
03127930 4/1/2025 4/1/2026
5,000,000 X
10,000
C
C
X
N
WC067961230 (AOS)
WC013711885 (CA)
4/1/2025
4/1/2025
4/1/2026
4/1/2026
2,000,000 2,000,000 2,000,000
D Professional Liability B0146LDUSA2504949 4/1/2025 4/1/2026 Per Claim Aggregate
$2,000,000
$2,000,000
Re: Pacific Coast Highway Intersection Improvements at Las Flores Canyon Road and Rambla Pacifico; Srikanth Chakravarthy. The City, its officers, agents, employees, and volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder.
City of Malibu, CA
23825 Stuart Ranch Road
Malibu CA 90265
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 23 04/01/2024
CA4489663
04/01/2025
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 24 04/01/2024
CA4489663
04/01/2025
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 25 POLICY NUMBER:
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-69
ANY PERSON OR ORGANIZATION WHOM YOU
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page of 12 GL5268169
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 26 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.
Page of 22 Insurance Services Office, Inc., 2018 CG 20 10 12 19 Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 27 ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: 526-81-69
ANY PERSON OR ORGANIZATION WHOM YOU
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
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.
CG 20 37 12 19 Insurance Services Office, Inc., 2018 Page of 11 GL5268169
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 28 POLICY NUMBER:
PRIMARY AND NONCONTRIBUTORY -
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
OTHER INSURANCE CONDITION
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.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
GL5268169 526-81-69
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 29 POLICY NUMBER:
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
This endorsement modifies insurance provided under the following:
SCHEDULE
Name Of Person(s) Or Organization(s):
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
526-81-69
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.
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.
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.
CG 24 04 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 GL5268169
Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 30 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM forms a part of Policy No.
Issued to
By
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy.
WC 04 03 61 Countersigned by ______________________________ (Ed. 11/90)
Authorized Representative
04/01/2025 WC 013-71-1885
KIMLEY-HORN AND ASSOCIATES, INC.
NEW HAMPSHIRE INSURANCE COMPANY
2.00 Docusign Envelope ID: 7CD93B5E-3DD1-42F3-BDFA-325E8765E0E4 31
Agenda Item # 1.B.6.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Nadia Fahoum, Assistant Civil Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Joseph D. Toney, Acting City Manager
Date prepared: April 18, 2025 Meeting date: May 27, 2025 Subject: Professional Services Agreements with Kimley Horn and Associates, Inc.
RECOMMENDED ACTION: 1) Authorize the Mayor to execute a Professional Services Agreements with Kimley Horn and Associates, Inc. (Kimley Horn) for engineering design services for the Pacific Coast Highway (PCH) Las Flores and Rambla Pacifico Intersection Improvements Project in the amount not to exceed $654,544.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement was included in the Adopted Budget for FY 2024-25 in Account No. 310-9109-5100 (PCH at Las Flores and Rambla Pacifico Intersection). Below is a breakdown of the estimated project costs and available funding:
Project Estimate Project Funding
Design $675,000 Metro Measure R $5,000,000
Construction $4,325,000
Total $5,000,000 Total $5,000,000
The project is fully funded within the available Measure R allocation.
STRATEGIC PRIORITY: This item supports the PCH Safety priority identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: The PCH Las Flores and Rambla Pacifico Intersection Improvements Project was identified in the 2015 PCH Safety Study and consists of making various safety and efficiency improvements at the intersections of PCH and Las Flores and Rambla Pacifico.
City Council Meeting
05-27-25
Item
1.B.6.
1
Agenda Item # 1.B.6.
This project will include the reconfiguration of the traffic signals and traffic lanes at the intersections of PCH and Las Flores and Rambla Pacifico, in both directions (east and west).
The project will also include new traffic striping and signage, as well as pedestrian and bicycle improvements.
The overall objective of this project is to improve the safety and operations of the highway by reconfiguring the intersections of Las Flores and Rambla Pacifico along Pacific Coast Highway, providing improved traffic flow, speed control, and accessibility for pedestrians and cyclists.
On October 2, 2024, the City issued a Request for Qualifications/Proposals (RFQ/P) for engineering design services for the Pacific Coast Highway Las Flores and Rambla Pacifico Intersection Improvements Project. On November 7, 2024, the City received one proposal from Kimley Horn. The proposal was reviewed and evaluated by staff. Based upon the consultant’s qualifications to perform the work needed by the City, staff identified Kimley-Horn as a qualified firm to perform the services requested.
Kimley Horn has successfully provided exceptional services to local municipalities. They have demonstrated extensive experience designing intersections and have performed numerous projects within Caltrans right-of-way.
Staff recommends authorizing the Mayor to execute a professional services agreement with Kimley Horn for engineering design services for Pacific Coast Highway (PCH) Las Flores and Rambla Pacifico Intersection Improvements Project in an amount not to exceed $654,544.
ATTACHMENTS: Professional Services Agreement with Kimley Horn and Associates, Inc. 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of May 12, 2025 by and between the City of Malibu (hereinafter referred to as the "City"), and Kimley-Horn and Associates, 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 Pacific Coast Highway Improvements at Las Flores Canyon Road and Rambla Pacifico Intersections.
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 of this Agreement.
NOW, THEREFORE, the City and the Consultant agree as follows:
1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A 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 May 12, 2025, and will remain in effect for a period of 3 years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.
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 Exhibit A, Scope of Work and Exhibit B, compensation schedule. The cost of services shall not exceed $654,544. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 Attachment 1
3 Agreement for Professional Services
Kimley-Horn and Associates, Inc.
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 financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.
5.2 If a portion of the Consultant’s services called for under this Agreement 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 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 Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 4 Agreement for Professional Services
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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 C which is incorporated herein.
6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
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 Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or 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, Consultant will be obligated to pay for City’s defense until such time as a final judgment has 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 any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 5 Agreement for Professional Services
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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 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 Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, 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.
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 6 Agreement for Professional Services
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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 Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation 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 City’s review of the Consultant’s report or 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 Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 7 Agreement for Professional Services
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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.
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 D. Toney CONSULTANT: Sri Chakravarthy
Acting City Manager Senior Vice President
City of Malibu Kimley-Horn and Associates,
Inc.
23825 Stuart Ranch Road 25152 Springfield Ct., Ste. 200 Malibu, CA 90265-4861 Santa Clarita, CA 91355
TEL (310) 456-2489 x 224 TEL (213) 261-4037
FAX (310) 456-2760
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 acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make 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 California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 8 Agreement for Professional Services
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the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of May 12, 2025.
CONSULTANT:
_______________________________
By: Sri Chakravarthy
Senior Vice President
CITY OF MALIBU:
___________________________________
MARIANNE RIGGINS, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
40 40
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 9 Agreement for Professional Services
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EXHIBIT A
SCOPE OF WORK
We have developed the scope of services under the assumption that the improvements will be completed and approved through the Caltrans Encroachment Permit Office Process based on the project complexity, construction cost, and as determined by the Caltrans Applicable Review Checklist. The work in Caltrans ROW will require a set of plans approved by the Caltrans permit office. The scope of services for the PCH Crosswalk improvements shall generally consist of the following tasks.
Kimley-Horn has carefully reviewed the scope of work included in the City’s RFP. The following scope is fully adherent to the scope of work in the RFP and provides additional clarification as to our approach to delivering on a critical schedule and completing this important project.
Task 1: Data Collection, Topographic Survey and GIS Maps Task 1.1: Data Collection
Kimley-Horn will research existing utility infrastructure, both above and below ground, and maintain a utility matrix log identifying responsible parties, utility type, size, material, disposition, and financially responsible party for any relocations. Kimley-Horn will research franchise utilities, Prior Rights, and lead utility coordination with the City and/or third-party utility companies. Kimley-Horn will complete the following as part of this project:
• Document known utilities in the project vicinity, including the quality and reliability of the data, and the potential effects the project may have on them. These items will be documented in a utility conflict matrix.
• Provide recommendations for utility investigations if determined necessary. • Prepare a utility composite drawing or file with appropriate supporting documents. The drawing may be a utility plan sheet if determined necessary for inclusion on the plan set.
Kimley-Horn will conduct a records search and coordinate with the City to identify utility agencies that should be contacted given the project area. Kimley-Horn will prepare “A” letters to request as-built information for the project area and any future projects that are identified from utility agencies. Pertinent utility information will be incorporated into the topographic base mapping as necessary. The team will verify that utility information is accurately reflected in the base mapping and incorporate additional information from utility requests into the project base mapping. Caltrans will require a Utility Certification that includes the records from this utility process. Conflict letters (“B” letters) will be sent out to the appropriate utility agencies to reflect the proposed improvements and assess the locations of their facilities as incorporated into the base mapping for potential conflicts. Potential conflicts will be identified and the team will work to resolve conflicts prior to final design. Once the final design is complete, notice to relocate letters (“C” letters), if necessary, will be sent out to the appropriate utility agencies after final design is approved. A Utility Matrix will be updated to track correspondence and coordination with the various utility owners and the ultimate disposition of each utility within the project limits.
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 10 Agreement for Professional Services
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In addition to utility information, Kimley-Horn will collect existing as-built plans, documents, collision data, existing traffic and design studies, ROW, environmental, and other information pertinent to this proposed project from Caltrans, the City, and the County of Los Angeles.
Deliverables:
• Utility “A,” “B,” and “C” Letters
• Utility Log Matrix (Excel format)
• Utility Certifications
Task 1.2: Topographic Survey and GIS Maps
Our survey subconsultant MNS will provide a topographic survey, if deemed necessary, to be used as a basemap and will incorporate existing utility information for the project. The survey work will include topographic survey basemaps as noted below. • Perform field survey to locate pavement, curbs, drives, walks, fences, walls, planters, and visible surface utilities, together with topographic features such as tops, toes, flow lines, grade breaks, etc. at each return. Given the high number of underground utilities, locate any subsurface utilities with mark outs using GPR. The field survey will also identify ROW limits. Pavement and surface materials will also be identified. The limits of each survey will include up to 30 feet beyond each end of return, approximately 5 to 7 feet into the roadway, and grade locations approximately 3 to 5 feet beyond the apparent ROW (if accessible).
• Perform field survey to search for and document existing record monuments sufficient in number to compile the record documents. The monuments will be tied to the project control survey and will be used to orient the boundary to the project mapping datum. • Download and compute survey data and prepare an AutoCAD drawing file. The mapping will be compiled at a scale of 1” = 10’ with a 1-foot contour interval. Each surveyed feature will be clearly labeled or noted by symbol as identified in the field.
Kimley-Horn will prepare project location maps for the City’s existing GIS platform.
Deliverables:
• Topographic Survey with Utility Mapping
• Preparation of Base mapping
Task 2: Project Management, Quality Control/Quality Assurance, and Caltrans Coordination
Task 2.1: Project Progress Reports and Schedule
A project schedule will be prepared and maintained by Kimley-Horn. Kimley-Horn will prepare and deliver an initial schedule within the first two weeks following the issuance of notice to proceed. The schedule will include tasks, project milestone dates, and City review periods for project submittals. The schedule will identify the critical path of activities and will be updated monthly, or as required, to reflect changes and progress on major milestones throughout the duration of the project.
Kimley-Horn will prepare monthly project progress reports to accompany the invoices. These progress reports will include:
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 11 Agreement for Professional Services
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• Progress reports with a description of work during the reporting period and planned work for the next reporting period
• Cost reports with a with the current expenditures, remaining fee, percent completion, and total fee
• Schedule summaries
• Invoices with breakdowns by task and staff level
Deliverables:
• Project Schedule in Microsoft Project Format, with up to four updates throughout the project duration, assumed to be 21 months
• Monthly Invoices with Progress Reports
Task 2.2: Project Status Meetings
Kimley-Horn will initiate the project by meeting with the City and Caltrans to discuss the improvements and coordinate our planned approach. Kimley-Horn will provide project management for each task detailed in this scope of services. This will include providing project management for the duration of the project and coordination with Caltrans and the City of Malibu. Kimley-Horn will attend one project kick-off meeting with the City, one pre-application meeting with Caltrans, and participate in up to 12 bi-weekly conference calls with the team for a total of 14 project meetings, and communicate through emails and phone calls, throughout the length of the project.
Kimley-Horn will also help the City prepare and conduct up to three public meetings by preparing exhibits and attending workshops. Kimley-Horn will be prepared to present the proposed project and discuss concerns of the residents, property owners, and other stakeholders.
These public meetings will occur at 50%, 75%, and 90% design completion.
Deliverables:
• Meeting Agendas
• Meeting Minutes with Action Item List
Task 2.3: Project Management
Kimley-Horn will provide project management for each task detailed in this scope of services.
This will include providing project management, administrative support, and project accounting for the duration of the project and coordination with Caltrans and the City.
Task 2.4: Quality Assurance/Quality Control
Kimley-Horn will implement its quality control/quality assurance (QC/QA) program, which includes a senior-level review of project deliverables. The QC/QA program will identify the major project deliverables at the beginning of the project, and notifications will be sent out to the team ahead of deliverables to schedule QC reviews. The project manager will schedule reviews and make sure they are completed. Upon completion of QC reviews, the technical manager and task leaders will review the comments and determine appropriate revisions and responses to comments. The technical manager will then conduct a follow-up meeting to “close the loop” with the QC reviewer and obtain approval of comment resolutions.
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The project manager will oversee the QC/QA process and will resolve any conflicting comments between the QC reviewer, technical manager, and independent reviewers performing work.
Task 2.5: Caltrans Coordination
Based on our project understanding and approach described earlier in this section, we anticipate that Caltrans approvals will be processed through an Encroachment Permit Process, and that approvals will not be processed through the Project Delivery quality management assessment process (QMAP), which encompasses the design engineering evaluation report (DEER) or full oversight. Kimley-Horn will assist the City in consulting with the Caltrans District 7 Encroachment Permit Engineer during preliminary design to evaluate the appropriate Caltrans approval process and gain exceptions to allow the project to fall within the permit process.
Kimley-Horn will prepare a Caltrans submittal package and assist the City in obtaining Caltrans approvals for the project by applying for the Caltrans Encroachment Permit through the Caltrans Encroachment Permit System (CEPS) website and submitting to the District 7 Encroachment Permits office. This consists of coordinating Caltrans reviews and coordinating comment iterations. We will attend up to four meetings with Caltrans staff. The Caltrans submittal package will include the following additional items not previously mentioned in the scope of services:
• TR 0416 Application Form
• TR 0100 Application Form
• City-approved/completed Environmental Documentation, including a traffic memorandum—Kimley-Horn will collect and analyze traffic data and queuing data and will prepare a memorandum documenting the analysis, methodology, and results. We will prepare a draft memorandum and address one set of consolidated comments prior to finalizing the draft memorandum to submit along with the Standard Encroachment Permit Application.
• Design Support Decision Document (DSDD): Kimley-Horn will prepare a DSDD to document the existing non-standard features such as shoulder widths, lane widths, median widths, or other features. We will prepare a draft DSDD and address one set of consolidated comments prior to finalizing the draft document and submit along with the Encroachment Permit.
• Coordinate Owner Authorization Letter with the City
• Utility Certification: Kimley-Horn will prepare a utility certification that includes the records from the utility process
• Plans and Estimate for improvements in the Caltrans ROW: Kimley-Horn will prepare final plans and estimate, as described in Task 4.3. The final plans will be submitted to Caltrans as part of the encroachment permit.
Deliverables:
• Caltrans Encroachment Permit Application Package
• Environmental Documentation
• DSDD
• Utility Certification
• Plans and Estimate
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Task 3: Project Development, Preliminary Engineering, Environmental Clearance and Permitting
Task 3.1: Project Development and Preliminary Engineering Kimley-Horn will utilize the survey base files completed in Task 1.2 to develop the initial 50% preliminary plans and cost estimate for the project study area. Kimley-Horn will also prepare a brief design memorandum to clarify any relevant design constraints and note any risk items.
Kimley-Horn will complete the following as part of the preliminary design phase:
• Define a complete and detailed project description and delineate project study areas, which will include the two project intersections—PCH at Las Flores and PCH at Rambla Pacifico—and conduct technical analysis as required for the project including archeological studies.
• Conduct up to two field investigations to analyze the existing conditions and identify design issues and record existing site conditions in drawings, photographs, and/or video. • Examine and review ROW maps, Parcel Maps, As-Built drawings, and other existing documents as appropriate provided by Caltrans, the City, and the County of Los Angeles. • Research, review, and understand the City of Malibu Local Coastal Program and City of Malibu General Plan.
• Provide a complete survey of the project area, establishing horizontal and vertical control for the project (included in Task 1.2).
• Identify and coordinate with all utilities in the project area to facilitate the final design of the Project (included in Task 1.1).
• Work with Caltrans to confirm the project’s scope and preliminary design previously developed with the City to ensure acceptance by Caltrans and compatibility with proposed Caltrans’ projects within the vicinity.
• Work with the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, and up to one other applicable municipal or regulatory agencies (besides the City and Caltrans) to confirm the project’s scope and preliminary design previously developed with the City to ensure acceptance of proposed work within the Caltrans’ right of way.
• Prepare and submit a Project Initiation Document detailing the proposed project improvements and the supporting engineering analysis.
• Prepare and submit a “Design Memo” detailing the proposed project improvements and the supporting engineering analysis.
• Prepare and submit a Preliminary Engineer’s Construction Cost Estimate for all recommended improvements identified in the “Design Memo.” • Prepare renderings of up to three alternatives of recommended improvements identified in the “Design Memo.”
• Prepare and submit 50% preliminary designs plans of the roadway improvement based on the City reviewed “Design Memo.”
• Prepare responses to comments from up to five applicable agencies, including the City and Caltrans, as it pertains to submitted documentation • for the project including but not limited to memos, studies, plans, etc. prior to preparation of the 75% design submittal.
• Assist the City, prepare and conduct public meetings by preparing exhibits and attending up to two workshop(s) and be prepared to present
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• the proposed project and discuss concerns of the residents, property owners and other stakeholders.
Deliverables:
• Project Initiation Document, up to one submittal, including supporting engineering analysis
• Design Memo, up to one submittal, including supporting engineering analysis • 50% Preliminary Design Plans, up to six sheets
• 50% Preliminary Design Opinion of Probable Costs
• Support the City at up to two Public Meetings
Task 3.2: Environmental Clearance and Permitting
Kimley-Horn will research and prepare the technical analysis for environmental documentation and determine what permits are required for this project. These permits include, but are not limited to, Caltrans, Los Angeles RWQCB, Army Corp, California Fish and Wildlife, County of Los Angeles, Southern California Edison, Los Angeles County Metropolitan Transportation Authority, and City of Malibu Coastal Development Permits. Kimley-Horn will complete and apply for up to three permits for the City of Malibu as part of this task. Kimley-Horn will complete the following for Environmental Clearance:
a. Conduct technical analysis as required for the project environmental clearance including a tree survey, and archeological and paleontological research. Kimley-Horn will review if any portion of the Project Site is located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
i. Archaeological and Historical Resources Reports. Cultural resource studies will be prepared for the Project in compliance with applicable state and federal environmental and historic preservation law, as well as reporting standards outlined in Caltrans Standard Environmental Reference (SER) Volume 2. This scope assumes the Project will require an Archaeological Survey Report (ASR), Historical Resources Evaluation Report (HRER), and Historic Properties Survey Report (HPSR). This scope includes labor fees and additional expenses (i.e. travel, record search, etc.) for coordination with Caltrans for the delineation of the Area of Potential Effect (APE) and draft reports, as well as for the necessary research, field survey, and drafting of the previously identified reports (ASR, HRER, and HSPR).
ii. ii. Paleontological Resources Report. A paleontological resource study will be prepared for the Project in compliance with applicable state and federal environmental law, as well as reporting standards outlined in Caltrans Standard Environmental Reference (SER) Volume 1, Chapter 8. This scope assumes the Project will only require a Paleontological Identification Report (PIR) and that no fieldwork will be possible due to the built environment. This scope includes labor and record search fees for coordination with Caltrans for the delineation of the study area and draft reports, as well as effort required for necessary research and drafting of the previously identified report (PIR).
b. Prepare environmental documents consistent with CEQA Guidelines for review and approval by the City following completion of appropriate technical analysis and studies.
It is assumed that the project will be Categorically Exempt.
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c. Prepare the Coastal Development Permit Application for review by the City and submittal to the California Coastal Commission, up to two submittals. 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 environmental documents (assumed to be a Categorically Exemption) and the Coastal Development Permit application for public circulation. f. Prepare responses to public review of draft environmental documents and the Coastal Development Permit application, up to two rounds of comments. g. Determine the permitting documents and process required by Caltrans (Project Report, Project Study Report, Preliminary Engineering Evaluation Report, or Encroachment Permit), up to three submittals.
h. Prepare required permit application documentation, including technical studies (as noted above) and notifications, for the project in accordance with respective City of Malibu and Caltrans standards and procedures, up to three submittals. i. Conduct up to eight total coordination meetings with up to five agencies to facilitate permitting, including the City and Caltrans.
j. Prepare and conduct presentations to regulatory and permitting agencies, up to three presentations.
k. Obtain up to three applicable agency permits.
Deliverables:
• Categorically Exemption, up to three submittals, including supporting documentation and analysis
• Coastal Development Permit Application, up to two submittals • Caltrans Permit Application, up to three submittals
• Coordination Meetings, up to eight total meetings with up to five agencies • Prepare and Conduct Presentations, up to three presentations • Documentation of Completed Permits and Clearances, up to three total permits Task 4: Final Design
Task 4.1: 75% Design Submittal
Following the completion of the Preliminary Design stage and after receiving comments on the 50% design, Kimley-Horn will advance the plans to the 75% design stage. It is assumed the plans will be completed on City Plan Sheet Borders and one set of plans will be prepared and used for both Caltrans and City approval. Kimley-Horn will continue to develop the design based on the preliminary design approved by the City. The base plans will be prepared using AutoCAD in English units using Caltrans symbology. The following plan sheets will be included:
• Title Sheet (1 Sheet)
• General Notes (1 Sheet)
• Survey Control Plan (1 Sheet) at 1” = 20’
• Demolition Plan (1 Sheet) at 1” = 20’
• Utility Relocation Plan (2 Sheets) at 1” = 20’
• Street Plans and Profiles (1 Sheet) at 1” = 20’
• Signing and Striping (1 Sheet) at 1” = 40’
• Traffic Signal (1 Sheet) at 1” = 20’
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• Traffic Control Plan (2 Sheets) at 1” = 40’
• Curb Ramp Design (2 Sheets) at 1” = 10’
Kimley-Horn will also prepare the 75% opinion of probable construction cost estimate based upon the preliminary opinion of probable construction cost estimate. Kimley-Horn will submit the set of plans, technical specifications, and cost estimate for City and Caltrans review in PDF and hardcopy format at the 75% design level.
Kimley-Horn will prepare a Stormwater Pollution Prevention Plan (SWPPP) that satisfies the requirements of the City’s stormwater program, Caltrans requirements, the California State Water Resources Control Board Construction General Permit (CGP) Order 2022-0057-DWQ (with amendments), effective date September 1, 2023, and all other applicable regulatory agencies. The SWPPP will determine the preliminary risk level for the project.
The SWPPP is intended to be a draft document until the project’s implementation by the selected contractor. The selected contractor will finalize, submit and pay for fees to the State Water Board. The selected contractor will be responsible for the implementation of construction BMPs.
Deliverables:
• 75% Plans
• 75% Technical Specifications
• 75% Opinion of Probable Construction Costs
• 75% SWPPP
Assumptions
• Storm drain plans are not anticipated.
• Landscaping, irrigation, and hardscape plans are not required. • No horizontal utility adjustments or relocations are anticipated, only possible vertical adjustments For vaults, covers, and man holes.
• No ground penetrating radar (GPR) will be utilized during utility investigations for design of traffic signal pole locations.
Task 4.2: 90% Design Submittal
Following one set of consolidated comments from the City and Caltrans on 75% design submittal, Kimley-Horn will advance the design package to 90% design level and submit the set of plans, technical specifications, opinion of probable construction cost estimate, and SWPPP for City and Caltrans review.
Deliverables:
• 90% Plans
• 90% Technical Specifications
• 90% Opinion of Probable Construction Costs
• 90% SWPPP
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Task 4.3: Final Submittal
Following one set of consolidated comments from the City and Caltrans on 90% design submittal, Kimley-Horn will advance the design package to final design level and submit the set of plans, technical specifications, opinion of probable construction cost estimate, and SWPPP for City and Caltrans approval. The final plans and specifications shall be stamped and signed by a licensed professional engineer.
Deliverables:
• Final Contract Plans
• Final Contract Technical Specifications
• Final Opinion of Probable Construction Costs
• Final SWPPP
Task 5: Bid Phase and Construction Support Services
Task 5.1: Bid Phase Support
Kimley-Horn will provide bid phase support to the City. In support of this effort, the KimleyHorn team will conduct the following activities:
• Attend pre-bid meeting with potential bidders
• Respond to questions from potential bidders on the design and construction portion of the advertised project
• Draft construction bid addendum, as requested by the City • Collate and summarize all construction bids in spreadsheet format showing a side-by-side comparison of engineer’s estimate and the contractor bids submitted.
This task assumes up to 40 hours of effort.
Task 5.2: Construction Support
Kimley-Horn will provide construction support to the City. In support of this effort, the KimleyHorn team will conduct the following activities:
• Attend one Pre-Construction Meeting
• Attend up to six in-person construction meetings on site as requested by the City • Respond to up to 10 requests for information (RFIs)
• Contractor Equipment Submittal/Shop Drawing Reviews, including evaluating and determining the acceptability of substitute or "or-equal/equivalent" materials and equipment proposed by Contractor in accordance with the Contract Documents This task assumes up to 100 hours of effort.
Assumptions
• SWPPP monitoring to be excluded.
Task 6: Right of Way Support (Optional)
Task 6.1: Plats and Legals
If requested by the City, Kimley-Horn will procure up to three preliminary title reports (PTR) with plotted easements from Commonwealth Land Title Company for the three parcels. We will Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 18 Agreement for Professional Services
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review the PTR, retrieve record documents, compose legal descriptions, and build the plat map.
We will provide up to three exhibits (plats and legal descriptions) for the purposes of street ROW dedication and ancillary easements.
Deliverables:
Up to Four Plats and Legal Exhibits
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EXHIBIT C
INSURANCE LANGUAGE
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EXHIBIT C
INSURANCE LANGUAGE
Without limiting Consultant’s indemnification 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 amended. Any endorsement restricting standard ISO “insured contract” language will not be 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.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $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 employer’s liability. Such policy or policies shall include the following terms and conditions:
• 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;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 21 Agreement for Professional Services
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over commercial general liability, automobile liability, and employer’s liability policies. Such 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 certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City 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 for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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 Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk 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.
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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 the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-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. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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 collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements 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 conformity with the requirements of this section. However, in the event Consultant’s 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 sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 23 Agreement for Professional Services
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the Consultant’s requirements under this Agreement. This provision does not relieve the 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.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s 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 result from Consultant’s performance under this Agreement, 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.
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 24 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
3/20/2025
Edgewood Partners Insurance Agency
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola 7702207699 [email protected] National Union Fire Ins Co of Pittsburg 19445 KIMLASS Allied World Assurance Co (U.S.) Inc. 19489 Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company 23841 Lloyd's of London 85202 177648027 A X 2,000,000 X 1,000,000 X Contractual Liab 25,000 2,000,000 4,000,000 X X GL5268169 4/1/2025 4/1/2026
4,000,000
A
A
2,000,000 X
X X
CA4489663
CA2970071
4/1/2025
4/1/2025
4/1/2026
4/1/2026
B X X 5,000,000 X
03127930 4/1/2025 4/1/2026
5,000,000 X
10,000
C
C
X
N
WC067961230
WC013711885
4/1/2025
4/1/2025
4/1/2026
4/1/2026
2,000,000 2,000,000 2,000,000
D Professional Liability B0146LDUSA2504949 4/1/2025 4/1/2026 Per Claim Aggregate
$2,000,000
$2,000,000
Re: Pacific Coast Highway Intersection Improvements at Las Flores Canyon Road and Rambla Pacifico; Srikanth Chakravarthy. The City, its officers, agents, employees, and volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder.
City of Malibu, CA
23825 Stuart Ranch Road
Malibu CA 90265
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 25 04/01/2024
CA4489663
04/01/2025
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 26 04/01/2024
CA4489663
04/01/2025
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 27 POLICY NUMBER:
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-69
ANY PERSON OR ORGANIZATION WHOM YOU
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page of 12 GL5268169
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 28 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.
Page of 22 Insurance Services Office, Inc., 2018 CG 20 10 12 19 Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 29 ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: 526-81-69
ANY PERSON OR ORGANIZATION WHOM YOU
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
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.
CG 20 37 12 19 Insurance Services Office, Inc., 2018 Page of 11 GL5268169
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 30 POLICY NUMBER:
PRIMARY AND NONCONTRIBUTORY -
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
OTHER INSURANCE CONDITION
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.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
GL5268169 526-81-69
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 31 POLICY NUMBER:
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
This endorsement modifies insurance provided under the following:
SCHEDULE
Name Of Person(s) Or Organization(s):
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
526-81-69
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.
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.
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.
CG 24 04 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 GL5268169
Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 32 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM forms a part of Policy No.
Issued to
By
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy.
WC 04 03 61 Countersigned by ______________________________ (Ed. 11/90)
Authorized Representative
04/01/2025 WC 013-71-1885
KIMLEY-HORN AND ASSOCIATES, INC.
NEW HAMPSHIRE INSURANCE COMPANY
2.00 Docusign Envelope ID: 8F0AFD52-0D90-41D0-9CED-A88C5C357DC1 33 City of Malibu
Memorandum
Agenda Item # 1.B.7.
To: Mayor Riggins and the Honorable Members of the City Council From: Ruth F. Quinto, CPA, City Treasurer
Subject: Investment Report for the Month Ending April 30, 2025 RECOMMENDED ACTION: Receive the Investment Report for the month ending April 30, 2025.
The portfolio is in compliance with the City’s Investment Policy. The City has sufficient liquidity to meet expenditure requirements for at least six months. This monthly Investment Report is in conformance with Government Code 53636, stating the Treasurer may render a quarterly report to the legislative body within 45 days following the end of the quarter covered by the report.
The City’s portfolio is invested in the following categories:
Cash and Cash Equivalents 22.07%
U.S. Treasury 70.66%
U.S. Agencies 0.00%
Certificates of Deposit 7.27%
Investments month to month:
Investment
Issuer/Instrument Type
March 31, 2025 April 30, 2025
Amount
(in millions) Yield(A) %
Amount
(in millions) Yield(A) %
Operating Cash Cash $5.79 3.83% 5.80% $14.61 3.83% 13.88% LAIF Cash $7.27 4.30% 7.28% $7.32 4.27% 6.95%
CDs Investment $7.65 4.22% 7.67% $7.65 4.22% 7.27%
Treasury Bills Investment $0.00 0.00% 0.00% $0.00 0.00% 0.00% Treasury Notes Investment $64.51 4.09% 64.64% $64.91 4.08% 61.65% Treasury STRIPS Investment $9.44 4.02% 9.46% $9.48 4.02% 9.01% Money Market Cash $5.15 3.90% 5.16% $1.31 4.28% 1.25%
Total/Blended Yield $99.80 4.08% $105.3 4.07%
Total Duration(Years) 1.71 1.57
(A)Yield is based on Purchase Yield for Treasury Bills
2-Year U.S. Treasury Note Benchmark, as of April 30, 2025: 3.60%.
The fair market value of all investments held by the City is $105,276,843 as of April 30, 2025.
ATTACHMENTS:
1. City of Malibu Investment Statement
2. City of Malibu Portfolio Analysis Statement
City Council Meeting
05-27-25
Item
1.B.7.
1 SNAPSHOT
Current period ending April 30, 2025
ACCOUNT NAME: CITY OF MALIBU
RUTH QUINTO
ACCOUNT NUMBER:
Your Financial Advisor:
WILLIAM GOMBERG 701 S PARKER STREET
Phone: 714-497-1366 SUITE 2500
ORANGE, CA 92868
If you have more than one account with us, why not link them and receive summary information for your entire household? Contact Your Financial Advisor for more details.
CITY OF MALIBU Message from Our Firm
RUTH QUINTO WANT A QUICK WAY TO KEEP YOUR FINGER ON THE PULSE OF THE MARKETS? READ WELLS 23825 STUART RANCH ROAD FARGO INVESTMENT INSTITUTE'S WEEKLY MARKET COMMENTARY. LOOK FOR IT EVERY WEDNESDAY AND BE SURE TO BOOKMARK THE PAGE. GO TO MALIBU CA 90265-4861 WELLSFARGOADVISORS.COM/MARKETS TO GET STARTED.
News
SHOULD YOU NEED ADDITIONAL DETAILS ABOUT A SPECIFIC TRANSACTION REFLECTED ON
YOUR STATEMENT, THE INFORMATION IS AVAILABLE ONLINE OR BY CONTACTING THE CLIENT SERVICE NUMBER ON YOUR STATEMENT.
Investment and Insurance Products are: Investment products and services are offered through Wells Fargo Advisors Financial Network, LLC (WFAFN), a registered broker-dealer and non-bank affiliate of Wells Fargo • Not Insured by the FDIC or Any Federal Government Agency & Company. WFAFN uses the trade name Wells Fargo Advisors. Any other referenced • Not a Deposit or Other Obligation of, or Guaranteed by, the Bank or Any Bank entity is a separate entity from WFAFN. Account(s) carried by Wells Fargo Clearing Affiliate Services, LLC, Member SIPC.
• Subject to Investment Risks, Including Possible Loss of the Principal Amount Invested
SNAPSHOT
RSNIP-03012025-5924926.1.1 072 ANCA ANC9
2 Attachment 1
General About your rights and responsibilities instructions and disclosures Questions and complaints about Your Account: This account statement contains important information About this statement about your brokerage account, including recent transactions. All account statements sent to you shall be deemed Clearing services: Wells Fargo Clearing Services, LLC (WFCS), an indirect wholly owned subsidiary of Wells complete and accurate if not objected to in writing within ten days of receipt. We encourage you to review the details Fargo & Company, is a clearing broker-dealer registered with the Securities and Exchange Commission (SEC) and in this statement. If you do not understand any of the information in your statement or if you believe there are any the Municipal Securities Rulemaking Board (MSRB) and is a member of the New York Stock Exchange (NYSE), the inaccuracies or discrepancies in your statement, you should promptly report them to both WFCS and to the manager Financial Industry Regulatory Authority (FINRA) and all principal U.S. exchanges. WFCS carries your account(s) and of the Wells Fargo Advisors Financial Network office listed on the front of your statement. To further protect your acts as your custodian for funds and securities deposited with us directly by you, through our affiliated broker-dealer, rights, including any rights under the Securities Investor Protection Act, any verbal communications with either your Wells Fargo Advisors Financial Network, LLC (Wells Fargo Advisors) or as a result of transactions WFCS processes Wells Fargo Advisors Financial Network office or with WFCS should be re-confirmed in writing. Inquiries or for your account. Twice a year, WFCS publishes on its web site www.wfclearing.com a statement of the firm's complaints about your account statement, including the positions and balances in your account, may be directed to financial condition. A financial statement of this organization is available for your personal inspection at its offices, or Wells Fargo Advisors Client Services at (866) 258-4606 or ATTN: H0005-087, 1 N. Jefferson Ave, St. Louis, MO a copy of it will be mailed upon your written request. Unless and until we receive written notice from you to the 63103. contrary, WFCS may, without inquiry or inves igation, accept from Wells Fargo Advisors (i) orders for the purchase or Public disclosure: You may reach FINRA by calling the FINRA BrokerCheck Hotline at (800) 289-9999 or by visiting sale of securities for your account on margin or otherwise, and (ii) any other instructions concerning your account. the FINRA website at www.finra.org. An investor brochure that includes information describing FINRA BrokerCheck Trade date statement and trade details: All activity and positions on this statement are shown as of the date a is available from FINRA upon request. A brochure describing the FINRA Pricing of Securities Regula ion Public trade is entered on the brokerage trading system (i.e., the trade date). Proceeds from the sale of securities and costs Disclosure Program is also available from the FINRA upon request. for the purchase of securities are not transacted through your account until the actual settlement date of the trade. MSRB disclosure: A brochure describing the protections available under MSRB rules and how to file a complaint is The time of the transactions, the name of the buyer or seller, and the source and amount of any commission or fee available at www.MSRB.org. will be furnished upon written request.
Account protection: WFCS is a member of the Securities Investor Protection Corporation (SIPC) which protects Pricing of securities: Securities prices on your statement may vary from actual liquidation value. Prices are against the loss of cash and securities held in client accounts of a SIPC member firm in the event of the member's provided by outside quotation services which we believe are reliable but due to the nature of market data the accuracy insolvency and liquidation. SIPC coverage is limited to $500,000 per customer, including up to $250,000 for cash. For cannot be guaranteed. In the absence of such pricing, prices are estimated by WFCS using available information and more information on SIPC coverage, please see the explanatory brochure at www.sipc.org or contact SIPC at (202) its judgment. Such estimates may not reflect actual trades and do not reflect a commitment by the firm to buy or sell 371-8300. In addition, WFCS maintains additional insurance coverage provided through London Underwriters (led by at those prices. Securities listed on a national exchange are priced as of the close of the statement period. Unlisted Lloyd's of London Syndicates). This additional insurance policy becomes available to clients if their SIPC limit is shares may be valued at the current best published "bid-price", and, if none exists, the last reported transaction if exhausted and provides additional protection up to a firm aggregate of $1 billion, including up to $1.9 million for cash occurring within the last 45 days. Prices of securities not actively traded may not be available and are indicated by per client. SIPC does not insure the quality of investments or protect against market losses. SIPC only protects the "N/A." Corporate and municipal bonds and other fixed income securities are priced by a computerized pricing service custody function of their members, which means that SIPC works to restore to clients their securities and cash that or, if less actively traded, by utilizing a yield-based matrix system to arrive at an estimated market value. Listed are in their accounts when the member firm liquidation begins. Not all investments are protected by SIPC. In general, options are priced based on the closing "bid-ask" prices and the last reported trade. Mutual fund shares are priced at SIPC does not cover instruments such as unregistered investment contracts, unregistered limited partnerships, fixed net asset value. Shares of direct participation program (DPP) and real estate investment trust (REIT) securities that annuity contracts, escrow receipts, direct investments, currency, commodities or related contracts, hedge funds and are not listed on a national exchange are generally illiquid. Because no trading market exists for these investments, certain other investments. their values are estimated. Unless otherwise indicated, the values shown for DPP and REIT securities have been provided by the management of each program and represent that management's estimate of the investor's interest in Free credit balances: Free credit balances are not segregated and may be used by WFCS in the operation of its the net assets of the program. See statement sections for additional pricing information. Values for hedge funds and business in accordance with applicable laws and regulations. You have the right to receive from us in the course of certain managed futures funds are provided on a month delay basis. Other managed futures funds may be priced normal business operations, subject to any open commitments in any of your accounts, any free credit balances to more frequently. Long-term certificates of deposit (maturity beyond one year from date of issue) are priced using a which you are entitled. market value pricing model. The sale or redemption price of your securities may be higher or lower than the prices Investment objectives/Risk tolerances: Please inform us promptly of any material change that might affect shown on your statement. For an actual quote, contact the individual servicing your account. your investment objectives, risk tolerances or financial situation, or if you wish to impose or change any reasonable Estimated annual income/yield: Estimated Annual Income (EAI), when available, reflects the estimated amount restrictions on the management of your account. A copy of the Investment Advisory Services Disclosure document is you would earn on a security if your current position and its related income remained constant for a year. Estimated available without charge upon request. Please contact the individual denoted on the front of your statement to update Annual Yield (EAY), when available, reflects the current estimated annual income divided by the current value of the your information and to receive a copy of this document. security as of the statement closing date. EAI and EAY are estimates and the actual income and yield might be lower Option accounts: Pursuant to FINRA Rule 2360, option assignment notices are randomly allocated by an or higher than the estimated amounts. EAY reflects only the income generated by an investment. It does not reflect automated process amongst all client short option positions that are subject to exercise, including posi ions changes in its price, which may fluctuate. The information used to derive these estimates is obtained from various established on the day of assignment. Transaction confirmations that were previously furnished to you provides outside vendors; WFCS and Wells Fargo Advisors Financial Network, LLC are not responsible for incorrect or information on commissions and other charges related to your option transaction executions. Details of our random missing estimated annual income and yields. Past performance is not a guarantee of future results. allocation procedures and copies of transaction confirmations are available upon request.
Income summary: The Income summary displays all income as recorded in the tax system as of period end date.
The totals in the Cash flow snapshot may not match the totals in the Income snapshot due to reclassifications or other corrections made in the tax system. Remember, you may have certain products that are not included in these figures and whose income is only available on the tax forms sent to you at year-end. Reclassifications and other tax reporting requirements may alter these numbers both during and after year end. You should rely only on tax reporting documents. Contact your tax advisor if you have any questions about the tax consequences of your brokerage activity.
Texas designation: If you are a resident of Texas who has purchased mutual fund shares, you may designate a representative to receive notification to assist in avoiding escheatment of assets in your investment account to the State of Texas. The designated representative does not have any rights to your account. Please use the Texas Unclaimed Property link (https://claimittexas.org/) to access the Designation of Representative for Notice Request form which you may complete and return to us at ATTN: H0006-08K, 1 N. Jefferson Ave, St. Louis, MO 63103 or return by email at [email protected].
Tax reporting: We are required by federal law to report annually to you and to the Internal Revenue Service (IRS) on Form(s) 1099 interest income, dividend payments and sales proceeds including cost basis information for applicable transactions credited to your account.
3 4
SNAPSHOT Page 2 of 22
CITY OF MALIBU
RUTH QUINTO
APRIL 1, 2025 - APRIL 30, 2025
ACCOUNT NUMBER:
Cash flow summary THIS PERIOD THIS YEAR
Opening value of cash and sweep balances $0.10
Income and distributions 159,513.57 903,606.66
Securities sold and redeemed 4,000,000.00 18,995,956.30 Net additions to cash $4,159,513.57 $19,899,562.96
Securities purchased -159,509.18 -15,899,559.32
Electronic funds transfers -4,000,000.00 -4,000,000.00
Net subtractions from cash -$4,159,509.18 -$19,899,559.32 Closing value of cash and sweep balances $4.49
Income summary * THIS PERIOD THIS YEAR
TAXABLE Money market/sweep funds 64.61 3,197.95
Interest 142,910.32 847,968.56
Ordinary dividends and ST capital gains 16,538.64 47,425.76 Total taxable income $159,513.57 $898,592.27
Total federally tax-exempt income $0.00 $0.00
Total income $159,513.57 $898,592.27
* Certain distributions made in the current year are reported as prior year income according to IRS regulations. This may cause a difference between Cash Flow and Income Summary totals.
Gain/loss summary UNREALIZED THIS PERIOD REALIZED THIS YEAR REALIZED Short term (S) 396,747.24 0.00 0.00
Long term (L) 1,075,312.04 0.00 0.00
Total $1,472,059.28 $0.00 $0.00
SNAPSHOT
072 ANCA ANC9
5 SNAPSHOT Page 3 of 22
CITY OF MALIBU
RUTH QUINTO
APRIL 1, 2025 - APRIL 30, 2025
ACCOUNT NUMBER:
Your Financial Advisor Client service information
WILLIAM GOMBERG 701 S PARKER STREET Client service: 800-266-6263 Phone: 714-497-1366 SUITE 2500 Website: www.wellsfargoadvisors.com ORANGE, CA 92868
Account profile
Full account name: CITY OF MALIBU
RUTH QUINTO
Account type: Brokerage Cash Services For your consideration Brokerage account number: Go paperless. Accessing your account documents online is easy, secure, and Brokerage Cash Services number: costs nothing. Sign on at wellsfargoadvisors.com, go to Portfolio and select Tax status: Non-Profit Statements & Docs, and then click on the Delivery Preferences link. Choose Investment objective/Risk tolerance:* CONSERVATIVE INCOME Paperless - All Docs or view your Delivery Settings details to select specific Time horizon:* INTERMEDIATE (3-5 YEARS) account documents for paperless delivery. If you do not have a Username and Liquidity needs:* MODERATE Password, visit wellsfargoadvisors.com/signup or call 1-877-879-2495 for Cost Basis Election: First in, First out enrollment assistance.
Sweep option: ALLSPRING GOVERNMENT MONEY
MARKET Document delivery status
*For more information, please visit us at: www.wellsfargoadvisors.com/disclosures Paper Electronic Statements: X Available funds Trade confirmations: X
Cash -41,817.41 Tax documents: X
Money market and sweep funds 41,821.90 Shareholder communications: X Available for loan 0.00 Other documents: X
Your total available funds $4.49
SNAPSHOT
072 ANCA ANC9
6