Cities Index.
Agreement and Amendment Nos. 1-3, Geosyntec Consultants, Inc.

Manhattan Beach City Council
June 16, 2026

Document
Agreement and Amendment Nos. 1-3, Geosyntec Consultants, Inc.
Meeting
June 16, 2026
Body
Manhattan Beach City Council
Original file
3.7 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

Approved for Use 2/15/20
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated December 15, 2020 (“Effective Date”) and is between the City of Manhattan Beach, a California municipal corporation (“City”) and Geosyntec Consultants, Inc., a Florida corporation (“Consultant”).

City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.

A. City desires to utilize the se rvices of Consultant as an ind ependent contractor to provide project management and implementation of the Beach Cities Watershed Management Group Coordinated Integrated Monitoring Program (CIMP).

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expert ise of its principals and employees.

C. City desires to retain Consul tant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services de scribed in the Scope of Services (the “Services”) attached as Exhibit A, for project management and implementation of the Coordinat ed Integrated Monitoring Program (CIMP). City may request, in writing, changes in the Scope of Services to be per formed. Any changes mutually agreed upon by the Parties, and any increase or decrea se in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “ City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Ken Susilo, Project Director (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

C. Time for Performance. Consul tant shall commence the Service s on the Effective Date and shall perfor m all Services by the deadline e stablished by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Cons ultant shall perform all Services under this Agreement in accordance with t he standard of care generally exe rcised by like professionals under similar circ umstances and in a manner reaso nably satisfactory to City.

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E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. A l l o f t h e S e r v i c e s required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

F. Compliance with Laws. Consul tant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary lic enses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2023, unless s ooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

A. Compensation. As full compensat ion for Services satisfactor ily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than One Million Seventeen Thousand, Nine Hundred and Eighty-six Dollars $1,017, 986 (the “Maximum Compensation”) for such Services.

B. Expenses. The amount set for th in paragraph 3.A. above incl udes reimbursement for all expenditures incurred in the performance of this Agreement.

C. Unauthorized Services and Expe nses. City will not pay for any services or reimburse for any expenses, not specified in the Scope of Servi ces, unless the City Council or the City Representativ e, if applicable, and the Cons ultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services aut horized by the City Council, or (where authorized) t he City Manager shall be compen sated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually ag reed to by the Parties. Any additional expenses authorized b y the City Council, or (where a uthorized) the City Manager shall be reimbursed in the amounts authorized by the Ci ty Council or City Manager. City shall make payment for additional services and e xpenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoic e shall itemize the Services rendered during the bil ling period, hourly rates charg ed, if applicable, and the amount due. City shall review each invoice and notify Consulta nt in writing within ten Business days of receipt of any disputed invoice amounts.

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B. Payment. City shall pay a ll undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay i nterest on past due amounts. Ci ty shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstandi ng the preceding sentence, if Consultant is a nonresident of California, Cit y will withhold the amount requir ed by the Franchise Tax Board pursuant to Revenue and Ta xation Code Section 18662 and a pplicable regulations.

C. Audit of Records. Consultant shall make all records, invoic es, time cards, cost control sheets and other rec ords maintained by Consultant in connection with this Agreement available during Cons ultant’s regular working hours t o City for review and audit by City.

5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent cont ractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees , except as set forth in this Agreement. Consultant shall not, at any time, or in any m anner, represent that it or any of its officers, agents or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Cons ultant or provided for performance of this Agreement a re deemed confidential and shall not be disclosed or released by Consultant without p rior written authorization by C ity. City shall grant such authorization if applicable law r equires disclosure. Consultan t, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by t he City Attorney, voluntarily p rovide declarations, letters of support, testimony at depositions, response to interrogatori es or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly not ify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, r equest for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any projec t or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0

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provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any porti on of the Data submitted by Consultant as City deems appropriate. Upon completion of, o r i n t h e e v e n t o f termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, r eused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant’s covenants under thi s Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall co mply with all conflict of inter est statutes of the State of California applicable to Consultant’s Services under this Agree ment, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant may perform simil ar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representativ e’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

8. Indemnification, Hold Ha rmless, and Duty to Defend.

A. Indemnities.
1) To the fullest extent permitt ed by law, Consultant shall, at its sole cost and expense, defend, hold ha rmless and indemnify City and its elected officials, officers, attorneys, agents, emp loyees, designated volunteers, successors, assigns and those City agents serving as indep endent contractors in the rol e of City officials (collectively “Indemnitees”), from and against any and all dama ges, costs, expenses, liabilities, claims, demands, c auses of action, proceedings, ex penses, judgments, penalties, liens, and losses of any nature whatsoever, includin g fees of accountants, attorneys, or other professionals and all costs associated ther ewith and the payment of all consequential damages (collect ively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, s ervants, employees, DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0

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subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the leg al liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or will ful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and sh all pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant s hall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all r equired taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against Ci ty by reason of the independent contractor relations hip created by this Agreement. Consultant shall fully comply with the workers’ compens ation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless f rom any failure of Consultant to comply with applic able workers’ compensation laws . City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a resu lt of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain exe cuted indemnity agreements with provisions identical to those in this Section from each and eve ry subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnit y obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whethe r actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agent s, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor sh all bear the legal liability thereof) in the performance of this Agreement, including the In demnitees’ active or passive negligence, except for Lia bilities arising from the sol e negligence or willful misconduct of the Indemnitees as determined by court decision o r by the agreement of the Parties.

B. Workers’ Compensation Acts n ot Limiting. Consultant’s indem nifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any w orkers’ compensation act or s imilar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Lim iting. City does not, and sha ll not, waive any rights that it may possess against Consultant because of th e acceptance by City, or DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0

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the deposit with City, of any insurance policy or certificate r equired pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabi lities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consult ant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

9. Insurance.

A. Minimum Scope and Limits of In surance. Consultant shall pro cure and at all times during the term of thi s Agreement carry, maintain, an d keep in full force and effect, insurance as follows:
1) Commercial General Liability In surance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000, 000.00 per project or locat ion. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insur ance for any owned, non-owned or h ired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accide nt for bodily injury and prope rty damage. If Consultant does not use any owned, non-owned or hired vehicles in the perf ormance of Services under this Agreement, Consult ant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers’ Compensation Insura nce as required by the State of California and Employer’s Liability Insurance with a minimum li mit of $1,000,000.00 per accident for bodily injury or dis ease. If Consultant has no em ployees while performing Services under this Agreement, wo rkers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with m inimum limits of $2,000,000.00 per claim and in aggregate.

B. Acceptability of Insurers. T he insurance policies required under this Section shall be issued by an insurer admitted to write insurance in th e State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self- insurance shall not be consider ed to comply with the insurance requirements under this Section.

C. Additional Insured. The co mmercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0

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employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non-Contributing. The insurance policies requir ed under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-ins urance maintained by City, its elected and appointed offici als, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogat ion. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s emp loyees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deduc tibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Consultant shal l not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liabi lity policies required under this Agreement shall be endor sed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, retu rn receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncomplianc e. If Consultant does not maint ain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately te rminate this Agreement or, if insurance is available at a reasonable cost, City may, b ut has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the p remium thereon.

Consultant shall promptly reimbur se City for any premium paid b y City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior t o the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original e ndorsements evidencing and effec ting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insuranc e policies to City.

Consultant shall maintain curr ent endorsements on file with Cit y’s Risk Manager.

Consultant shall provide proof to City’s Risk Manager that insu rance policies expiring DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0

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during the term of this Agreement have been renewed or replaced with other policies providing at least the same cov erage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limit ing. Procurement of insuran ce by Consultant shall not be construed as a limitation of Consultant ’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.

K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

L. Subcontractor Insurance Requi rements. Consultant shall requ ire each of its subcontractors that perform Services under this Agreement t o maintain insurance coverage that meets all of the requirements of this Section.

10. Mutual Cooperation.

A. City’s Cooperation. Cit y shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably avai lable for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In th e event any claim or action is brought against City relating to Consultant’s performance of Services r endered under this Agreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and repr esentatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts th erefrom as necessary, and to inspect all work, data, documents, proceedings and activ ities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0

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at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all wo rk under this Agreement on or before the effe ctive date of termination specif ied in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to t he effective date of terminatio n. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reas on of such termination, incl uding any claim for compensation.

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement i f Consultant presents accepta ble evidence, in City’s sole judgment, that such failure was due to acts of God, embarg oes, inability to obtain labor or materials or reasonable substitutes for labor or mater ials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civ il commotion, fire or other cas ualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

14. Default.

A. Consultant’s failure to comply with the provisions of this A greement shall constitute a default. In the event that Consultant is in defau lt for cause under the terms of this Agreement, City shall ha ve no obligation or duty to con tinue compensating Consultant for any work performed after the date of default.

B. In addition to the right to te rminate pursuant to Section 12 , if the City Manager determines that Consultant is in default in the perform ance of any of the terms or conditions of this Agreement, City shall serve Consultant wi th written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performan ce. In the event that Consultant fails to cure its default within such period of time , City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request, demand, bill, invoice, report o r other communication required or permi tted under this Agreement shall be in writing and conclusively deemed effective: ( a) on personal delivery, (b) o n confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

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TO CITY: TO CONSULTANT:

City of Manhattan Beach Geo syntec Consultants Inc.

Public Works Attn: Ken Susilo
Attn: Shawn Igoe 3415 Sepulveda Blvd. Ste 500
1400 Highland Avenue Los Angeles, CA 90034
Manhattan Beach, California 90266

COPY TO CITY ATTORNEY:

City of Manhattan Beach
Attn: City Attorney
1400 Highland Avenue
Manhattan Beach, CA 90266

16. Non-Discrimination and E qual Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marit al status, national origin, a ncestry, age, physical disability, mental disability, medical condition, genetic infor mation, sexual orientation or other basis prohibited by law. Consultant will take affirmativ e action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious cree d, sex, gender, gender identity, gender expression, marit al status, national origin, a ncestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of it s duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an ass ignment of rights under this Agreement shall not release Consul tant from any of its obligati ons or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Se ction shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignm ent” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations , or liabilities in or arisin g from this Agreement to any person or entity, whether by oper ation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or reme dy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0

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any failure of a condition, or any right or remedy under this A greement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final paym ent made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensatio n to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a wri tten extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the ac curacy and competency of the information provided and/or work performed; nor shall su ch approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to mak e such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other avail able remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to th e amount of the cost of correction.

22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within th e current fiscal budget and within an available, unexhaust ed fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond th e current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds an d shall automatically terminate at the conclusion of such fiscal year.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inc onsistency exists or arises between a provision of this Agr eement and a provision of any ex hibit, or between a provision of this Agreement and a provision of Consultant’s pro posal, the provisions of this Agreement shall control.

24. Entire Agreement and Modification of Agreement. T h i s A g r e e m e n t a n d a l l exhibits referred to in this Agreement constitute the final, co m p l e t e a n d e x c l u s i v e statement of the terms of the agr eement between the Parties per taining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0

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this Agreement by, nor is any Par ty relying on, any representat ion or warranty except those expressly set forth in this Agreement. This Agreement ma y not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for conven ience of reference and shall not affect the interpretation of any pro vision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, howeve r, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

28. Business Days. “Business days” means days Manhattan Beach City Hall is open for business.

29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, sh all be governed by and construed in accordance with the laws of the State of Californi a, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpret ing this Agreement. Any dispu te that arises under or relates to this Agreement (whether contract, tort or both) shal l be resolved in a superior court with geographic jurisdiction over the City of Manhattan Beach.

30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Ag reement (whether in contract, t ort or both) or seeks a declaration of any rights or ob ligations under this Agreement, the prevailing Party shall be entitled to recover all atto rneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of t his Agreement to be illegal, invalid or unenforceable for any reaso n , t h e v a l i d i t y o f a n d enforceability of the remaining pr ovisions of this Agreement sh all not be affected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will consti tute one and the same instrument.

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33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]

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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Bruce Moe
Title: City Manager
ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:

By:

Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:

By:

Name: Carrie Tai
Title: Acting Public Works Director
Consultant:

Geosyntec Consultants Inc.,
a Florida Corporation

By:

Ken Susilo
Project Director

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0 3/10/2021
3/16/2021
3/16/2021
3/16/2021
3/18/2021
3/19/2021

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

APPROVED FEE SCHEDULE

TABLE 1: CIMP IMPLEMENTATION ANNUAL COST
Task # Description FY2021 FY2022 FY2023 3‐Year Contract Total
1 Project Management $48,504 $48,504 $48,504 $145,512
2 Revised CIMP $10,296 $12,132 ‐ $22,428
3 Receiving Water Monitoring $80,324 $80,324 $110,324 $270,972 4 Stormwater Outfall Monitoring $67,692 $67,692 $73,692 $209,076 5 Non‐Stormwater Outfall Monitoring $36,420 $36,420 $66,940 $139,780 6 Data Assessment and Reporting $69,378 $69,378 $91,462 $230,218 Geosyntec Agreement Total $312,614 $314,450 $390,922 $1,017,986

DocuSign Envelope ID: 03C293E7-BB2C-44DC-87BC-83FCFE7FD3B0 @coNTRACT APPROVAL ROUTING SLIP
Department: _______________ _ City Staff: ____________ _ Vendor /Company Information:

Contract with: -----------------------------------
Name of Signer: _______________ Email: ________________ _ Name of Signer: _______________ Email: ________________ _ Name of Signer: ______________ Email: ________________ _ Contract Details:

Dollar Amount: ----------
Contract Budgeted: __ Yes __ No Line Item Account No.: _____________ _ City Council Agenda Date: __________ Staff Report No: ____________ _ Contract Start Date: Contract End Date: ------------ ------------ Have Services Started: Yes No If Yes, Date When Services Began: __________ _ Contract Type: __ Original
Grant
Amendment Renewal __ Change Order
Other _____________ _
Bidding Process: __ RFI __ RFP __ Bids (Public) __ Renewal (Amendments Only} Contract Description/Notes: ____________________________ _ Required Documents (Documents need to be submitted with the signed agreement when required):

W9 Required __ File (Munis) Vendor No. ___ _
Insurance Required __ Yes No
Bonds Required __ Yes __ No
Included
Verification of Corporate Entity __ Yes __ No Verification of Authority to Sign __ Yes Business License Required __ Yes __ No Business License No: _________ _ Notary for Management Services Signature Authority:

Yes No __ City Manager __ City Attorney __ City Council Insurance Waiver/Modification Request: __ Yes No
__ Sole Source Agreement (Must Provide Attachment)
Sole source agreements must include a written justification. Reasons to sole source include there is only one existing source for the service/supply, the unique nature of the service/supply, the relationship of the parties, and the exigency for providing the service/supply.

Legal, Risk and Purchasing Review
Revised 10/2022
_______ Department Manager ____ Department Head
___ City Clerk's Office ____ Risk Manager ____ Purchasing ____ City Council --------------
X
With Authorized Contingency of $52,015 for Additional
Services
Public Works
V.Choi/ N.Petroff
Geosyntec Consultants, Inc.

Ken Susilo
[email protected]
$414,377
Trust Account 502-21502

5.16.23 23-0162

06.30.2024

12.15.2020
to provide project management and implementation of the Beach Cities Watershed Management Group Coordinated Integrated Monitoring Program (CIMP) services. 10404
BL-21671
✔
✔
✔
✔

07.01.2023
✔
✔
✔
✔
✔
✔
✔
DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB 4/20/2023
4/21/2023
4/24/2023
4/25/2023 4/26/2023
5/17/2023

AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MANHATTAN BEACH AND GEOSYNTEC
CONSULTANTS, INC.

This First Amendment (“Amendment No. 1”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and Geosyntec Consultants, Inc., a Florida corporation (“Consultant”) (collectively, the “Parties”) is hereby entered into as of May 16, 2023 (“Effective Date”).

RECITALS
On December 15, 2020, the City and Consultant entered into an agreement for professional services for the Consultant to provide project management and implementation of the Beach Cities Watershed Management Group Coordinated Integrated Monitoring Program (CIMP) services (“Agreement”); The Parties now desire to amend the Agreement to further extend the term, increase the maximum compensation, and modify the scope of services and fee schedule.

NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, t he Parties hereby agree as follows:

Section 1. Section 2 of the Agreement is hereby revised to extend the term of the Agreement through June 30, 2024, unless sooner terminated as provided in Section 12 of the Agreement.

Section 2. Section 3.A of the Agree ment is hereby amended to increase the Maximum C ompensation amount by $414,377, for a new Maximum Compensation of $ 1,432,363 plus a contingency of $ 52,008 for unanticipated additional services and monitoring outside the scope set forth in Exhibit A, based on the Schedule of Rates set forth in Exhibit B.

Section 3. Exhibits A and B of the Agreement are hereby amended to add the Exhibits A and B attached to this Amendment No. 1.

Section 4. Except as specifically amended by this Amendment No. 1, all other provisions of the Agreement shall remain in full force and effect.

IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 1 on the day and year first shown above.
[SIGNATURE PAGE FOLLOWS]

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The Parties, through their duly authorized representatives are signing this Amendment No. 1 on the date stated in the introductory clause.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Bruce Moe
Title: City Manager
ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:

By:

Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Works Director
Consultant:

Geosyntec Consultants Inc.,
a Florida Corporation

By:

Name: Ken Susilo
Title: Project Director

DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB 4/27/2023
4/27/2023
4/28/2023
4/28/2023
5/22/2023
5/22/2023

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EXHIBIT A

SCOPE OF SERVICES
(FOR FISCAL YEAR JULY 1, 2023- JUNE 30, 2024)

This scope of services was prepared for the City of Manhattan Beach by Geosyntec Consultants (Geosyntec) in support of the Beach Cities Watershed Management Group Coordinated Integrated Monitoring Program (CIMP).

The focus of this letter proposal is to present a scope of work and budget for Geosyntec to conduct CIMP Implementation for Reporting Year 2023-2024 (July 1, 2023 – June 30, 2024). Currently, Geosyntec is conducting CIMP Implementation activities for the Beach Cities WMG per the Professional Services Agreement between Manhattan Beach and Geosyntec dated December 15, 2020, and per the Memorandum of Understanding (MOU) between the various Beach Cities Agencies, including Amendment No. 1 to the MOU (July 1, 2020).

Although Geosyntec’s contract is scheduled to expire on June 30, 2023, the MOU allows for a contract extension, as long as the cost for the additional year does not exceed Fiscal Year 2022-2023 costs (with adjustments allowed per the Consumer Price Index1). This cost is provided in Exhibit A of Amendment No. 1 of the MOU and is set at $390,922 for CIMP Implementation Tasks 1 - 6. With a maximum 6.0% 2 increase per the CPI allowance, the total budget is set at $414,377.

1 https://www.bls.gov/regions/west/news-release/consumerpriceindex_losangeles.htm 2 As the required April to April CPI is unavailable as of the time of this proposal, a 6% maximum CPI is assumed. If the April 2022 – April 2023 CPI is lower, Geosyntec will accept the lower CPI and will lower their cost accordingly.

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SCOPE OF WORK

Task 1: Project Management and Permitting

As under the existing CIMP Implementation contract, the Geosyntec Team will provide project management services so that work deliverables are provided on or ahead of schedule and within budget. Subtasks will include the following:

 Monthly Meetings: The Geosyntec Team will prepare for and attend monthly meetings of the Beach Cities WMG. For monthly meetings, Geosyntec will provide presentations and/or other relevant material, as requested.  Other Meetings: The Geosyntec Te am will attend, participate in, and/or support the Beach Cities WMG in meetings with other watershed management program groups, Regional Board staff, City Councils, County staff, stakeholders, and/or other consultants as necessary to deliver the Project.
 Permitting and Traffic Control: The Geosyntec Team will obtain the necessary permits for access to the various sampling locations. Based on the CIMP, it is anticipated that two encroachment/access Permits from the Los Angeles County Flood Control District ( LACFCD) will be required for monitoring at various outfalls. As with previous years, permitting and access requirements are expected to be minimal. Geosyntec will coordinate with respective cities to confirm that appropriate protocol is adhered to when sampling at locations within that city.  Health and Safety Planning: The Site Health and Safety Plan (SHSP), which is already in place and being implemented under current CIMP monitoring efforts, will continue to be implemented under this proposed scope as a “ living” document, to be updated as often as is necessary to provide the most helpful and accurate information for field personnel. The Geosyntec Project Manager, who is also the Geosyntec Los Angeles Health and Safety Coordinator, will confirm that field personnel communicate any and health and safety related issues directly to him so that the SHSP can be amended promptly.
 Additional Project Management: The Geosyntec Team will perform project management duties, including regular communication with the City on the state of the scope, schedule, and budget; coordination of the Project Team, WMG, and Watershed Coordination Consultant; and organization of Team coordination calls.

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confirm that the Project stays on schedule and budget and that deviations are identified, communicated, and mitigated early.

Task 1 Deliverables

 Material for up to twelve Beach Cities WMG meetings per year, as requested.  Material for up to two additional meetings per year, as requested.  An updated HASP, as requested.
 Copies of all required encroachment permits, as requested.

TASK 2: REVISED CIMP PER NEW MS4 PERMIT

Per the 2021 Regional MS4 Permit, the Beach Cities WMG updated their CIMP in March 2023. Comments from the Regional Board are anticipated during FY 2023 -2024.

Therefore, this scope item includes updates and revisions to the CIMP to address Regional Board comments

Task 2 Deliverables

 Final CIMP, revised based on Regional Board comments.

TASK 3: RECEIVING WATER MONITORING

Geosyntec will continue to conduct Receiving Water Monitoring per the approved Beach Cities CIMP. For Reporting Year 2023 - 2024, this means sampling in accordance with the currently established means and methods in the CIMP, including:

 Near-shore receiving water monitoring at sites RW -BCEG-01 and RW -BCEG- 02; and
 Santa Monica Bay Bacteria TMDL Shoreline Monitoring. Thi s will include weekly monitoring for fecal indicator bacteria (FIB) consistent with the SMBBB TMDL, conducted at seven (7) coordinated shoreline monitoring locations.

Sampling will continue to be conducted on Monday mornings. Additional accelerated monitoring will be conducted on subsequent days when trigged in response to exceedance of the single -sample bacteria objectives, as described in the SMBBB TMDL Coordinated Shoreline Monitoring Plan (CSMP). Bacterial parameters analyzed will include Total Coliform , Fecal Coliform, and Enterococcus.

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Upon approval of the revised CIMP by the Regional Board, Geosyntec will implement the revised CIMP.

Task 3 Deliverables

 Weekly SMBBB monitoring results, emailed to the Group All other Task 3 reporting is handled under Task 6.

TASK 4: STORMWATER OUTFALL MONITORING

Geosyntec will continue to conduct Stormwater Outfall Monitoring per the approved Beach Cities CIMP. Outfalls will be sampled in accordance with the currently established means and methods in the CIMP. Currently, this will include:

 Sampling at outfalls OF-BCEG-4a, OF-BCEG-5, and OF-BCEG-7.

Upon approval of the revised CIMP by the Regional Board, Geosyntec will implement the revised CIMP.

Task 4 Deliverables

No Task 4 deliverables, as reporting is handled under Task 6.

TASK 5: NON-STORMWATER OUTFALL MONITORING

Non-stormwater outfall monitoring will continue to be implemented per the Beach Cities CIMP Reporting Year 2023 - 2024. This sampling will include two sample events per year at the two outfalls currently monitored.

Task 5 Deliverables

 Annual updates of the MS4 Outfall GIS database.

All other Task 5 reporting is handled under Task 6.

TASK 6: DATA ASSESSMENT AND REPORTING

Geosyntec will continue with all necessary data assessment and reporting to help the Beach Cities comply with the Regional MS4 Permit and their CIMP. Specific items covered under this task include:

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 Sample event summaries, including laboratory analyses, QA/QC results, rainfall/runoff analyses, etc;
 Semi-Annual data submission, in compliance with requirements specific in the Permit. This assessment will continue to include data from outside agencies, including City of Los Angeles and County of Los Angeles, as available; and  Annual Monitoring Report, for submission with the WMG’s Annual Report.

Task 6 Deliverables

 Two Semi-Annual Data Reports, per year.
 Annual Monitoring Report, including submittal of a draft and final version.

SCOPE ASSUMPTIONS:

General

 All memoranda and reports, unless otherwise specified, include one round of review from the Beach Cities WMG, with consolidated electronic comments provided to Geosyntec to be incorporated into the final version.

Receiving Water Monitoring

 Two (2) near-shore receiving water monitoring sites are assumed to be monitored during three (3) wet-weather events, per year.
 Two (2) wet -weather aquatic toxicity samples are assumed per year at each selected near-shore receiving water monitoring location. No toxicity identification evaluations (TIEs) are assumed at this time, based on results to-date.  Boat captain will be responsible for assessing open ocean water conditions to guard the safety of Geosyntec Team personnel prior to mobilization from the harbor.
 SMBBB TMDL Shoreline Monitoring is assum ed at seven (7) sample locations.

Labor includes site observations at sample locations as well as eight (8) storm drain outfalls. Collection includes use of a 4x4 vehicle and a trained technician based on City requirements for access and driving on City be ach property. No weekend or holiday surcharges are included in the cost proposal.  A total of sixteen (16) repeat sample events are assumed for the SMBBB TMDL Shoreline Monitoring per year.
 No additional permitting is assumed to be required for receiving water monitoring.

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Stormwater Outfall Monitoring

 Up to three (3) outfalls are assumed to be monitored during three (3) wet-weather events, per year.
 No wet-weather aquatic toxicity samples or TIE analyses are assumed at this time, based on results to-date.
 Traffic control from California Barricade is assumed at one location (OF-BCEG- 5).

Other traffic control is assumed to be minor (i.e., not requiring lane closure), and will be provided by the Geosyntec Team.
 A LACFCD encroachment/access pe rmit is assumed to be necessary for monitoring.

The fee for this permit is incorporated into our cost estimate.

Non-Stormwater Outfall Monitoring

 Two (2) outfalls are assumed to require monitoring twice per year due significant non- stormwater discharges.
 No dry-weather aquatic toxicity samples are assumed at this time.  Traffic control by California Barricade is assumed to not be required for non- stormwater outfall monitoring.

SCHEDULE

The proposed scope of work covers July 1, 2023 through June 30, 2024.

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EXHIBIT B

FEE SCHEDULE

DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB

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

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

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

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

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

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
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
3/30/2023
Greyling Ins. Brokerage/EPIC
3780 Mansell Road, Suite 370
Alpharetta GA 30022
Carly Samuel
770.670.5324
770.670.5324
[email protected]
National Union Fire Ins Co of Pittsburg
19445

GEOSCON
Everest National Insurance Company
10120
Geosyntec Consultants, Inc.
900 Broken Sound Parkway NW, Suite 200
Boca Raton, FL 33487-0000
Allied World Assurance Co (U.S.) Inc.
19489
New Hampshire Insurance Company
23841
1734411100
A
X
2,000,000
X
500,000
25,000
2,000,000
4,000,000
X
X
GL5268179
4/1/2023
4/1/2024
4,000,000
A
A
2,000,000
X
X
X
CA4489673 (AOS)
CA4489674 (MA)
4/1/2023
4/1/2023
4/1/2024
4/1/2024
B
X
X
5,000,000
X
XC3EX00336231
4/1/2023
4/1/2024
5,000,000
X
10,000
D
A
X
N
WC015893709 (AOS)
WC015893710 (CA)
4/1/2023
4/1/2023
4/1/2024
4/1/2024
1,000,000
1,000,000
1,000,000
C
Professional Liability (PL)/
Contractors Pollution Liab (CPL)
03122723
4/1/2023
4/1/2024
Each Act
Aggregate
5,000,000
5,000,000
Re: Professional Services Agreement 3/2/2016 NPDES Permit. City of Manhattan Beach and its officers, employees, agents and volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non contributory where required by written contract. Waiver of Subrogation is applicable 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, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder.

City of Manhattan Beach; Attn: Risk Manager
1400 Highland Avenue
Manhattan Beach CA 90266-0000
DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB

ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/2023
forms a part of Policy No. 448-96-73
issued to GEOSYNTEC CONSULTANTS, INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
Authorized Representative
All other terms, conditions and exclusions shall remain the same.

TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
Insurer,
This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer.

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following Definitions apply to this endorsement:

1. First Named Insured means the Named Insured shown on the Declarations Page of this policy.

2. Insurer means the insurance company shown in the header on the Declarations page of this policy. 107414 (3/11) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

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

COVERED AUTOS LIABILITY COVERAGE
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co- verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

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

Named Insured: GEOSYNTEC CONSULTANTS, INC.
448-96-73

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

Each person or organization shown in the Schedule
is an "insured" for Covered Autos Liability Cover-
age, but only to the extent that person or organ-
ization qualifies as an "insured" under the Who Is
An Insured provision contained in Paragraph A.1.
of Section II - Covered Autos Liability Coverage in
the Business Auto and Motor Carrier Coverage
Forms and Paragraph D.2. of Section I - Covered
Autos Coverages of the Auto Dealers Coverage
Form.

CA 20 48 10 13 Page ofInsurance Services Office, Inc., 2011 1 1 DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB

ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/2023
forms a part of Policy No. 526-81-79
issued to GEOSYNTEC CONSULTANTS, INC
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
Authorized Representative
All other terms, conditions and exclusions shall remain the same.

TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
Insurer,
This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer.

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following Definitions apply to this endorsement:

1. First Named Insured means the Named Insured shown on the Declarations Page of this policy.

2. Insurer means the insurance company shown in the header on the Declarations page of this policy. 107414 (3/11) Includes copyrighted material of Insurance Services Office, Inc. with its permission.Page 1 of 1 DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES ORCONTRACTORS - SCHEDULED PERSON OR ORGANIZATIONThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTSCHEDULEName Of Additional Insured Person(s)Or Organization(s)Location(s) Of Covered Operations COMMERCIAL GENERAL LIABILITYCG 20 10 12 19THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.526-81-79 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.

Insurance Services Office, Inc., 2018CG 20 10 12 19 Pageof12 DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB 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; or2.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; and2.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; or2.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 toSection 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; or2.Available under the applicable limits of insurance;whichever is less. This endorsement shall not increase theapplicable limits of insurance.

Insurance Services Office, Inc., 2018CG 20 10 12 19Pageof22 DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB ADDITIONAL INSURED - OWNERS, LESSEES ORCONTRACTORS - COMPLETED OPERATIONSThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTSCHEDULEName Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations COMMERCIAL GENERAL LIABILITYCG 20 37 12 19THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER:526-81-79
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; and2.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 PageofInsurance Services Office, Inc., 201811 DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB POLICY NUMBER:

PRIMARY AND NONCONTRIBUTORY -COMMERCIAL GENERAL LIABILITYCG 20 01 12 19THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19Insurance Services Office, Inc., 2018Page 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 PARTLIQUOR LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 526-81-79
DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB POLICY NUMBER:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION)COMMERCIAL GENERAL LIABILITYCG 24 04 12 19 This endorsement modifies insurance provided under the following:

SCHEDULEName Of Person(s) Or Organization(s):

COMMERCIAL GENERAL LIABILITY COVERAGE PARTELECTRONIC DATA LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PART DESIGNATED SITESPOLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITESPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS 526-81-79
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.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 19Insurance Services Office, Inc., 2018Page 1 of 1 DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB This endorsement, effective 12:01 AM 04/01/2023 forms a part of Policy No.

Issued to
By

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL

TO ENTITIES OTHER THAN THE NAMED INSURED
WC 99 00 56
(Ed. 04/11)
(WORKERS' COMPENSATION ONLY)
All other terms, conditions and exclusions shall remain the same.

AUTHORIZED REPRESENTATIVE
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 CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer.

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following definitions apply to this endorsement:

1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy.

2. Insurer means the insurance company shown in the header on the Information Page of this policy.

WC 015-89-3709
GEOSYNTEC CONSULTANTS, INC.

NEW HAMPSHIRE INSURANCE COMPANY
DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB DocuSign Envelope ID: 2670B825-62A8-4F4C-9C71-DCCC375750EB

Approved for use 6/1/23
2817434v1.doc City of MB Form
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MANHATTAN BEACH AND GEOSYNTEC
CONSULTANTS, INC.

This Second Amendment (“Amendment No. 2”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and Geosyntec Consultants, Inc., a Florida corporation (“Consultant”) (collectively, the “Parties”). The date the City Council approves this Amendment shall be the date this Amendment is effective (“Effective Date”).

RECITALS
A. On December 15, 2020 the City and Consultant entered into an agreement for professional services for the Consultant to provide project management and implementation of the Beach Cities Watershed Management Group Coordinated Integrated Monitoring Program (CIMP). (“Agreement”).

B. On May 16, 2023, the Parties entered into Amendment No. 1 to extend the term, increase the Maximum Compensation plus a contingency, and modify the Scope of Services and Fee Schedule.

C. The Parties now desire to amend the Agreement to extend the term, increase the Maximum Compensation, and modify the Scope of Services and Fee Schedule.

NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:

Section 1. Section 2 of the Agreement, is hereby revised to extend the term of the Agreement through June 30, 2025, unless sooner terminated as provided in Section 12 of the Agreement.

Section 2. Section 3.A of the Agreement is hereby amended to increase the Maximum Compensation amount by $426,065, for a new Maximum Compensation of $ 1,858,428 plus a contingency of $42,606.50 for unanticipated additional services and monitoring outside the scope set forth in Exhibit A-1, based on Schedule of Rates set forth in Exhibit B-1.

Section 3. Exhibits A and B of the Agreement are hereby revised by Exhibit A- 1 and Exhibit B-1 attached to this Amendment No. 2.

Section 4. Except as specifically amended by this Amendment No. 2, all other provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

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2817434v1.doc City of MB Form

[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

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2817434v1.doc City of MB Form

IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 2 on the day and year first shown above.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Bruce Moe
Title: City Manager
ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:

By:

Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Works Director
Consultant:

Geosyntec Consultants, Inc.,
a Florida Corporation

By:

Name: Ken Susilo
Title: Project Director

DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F 4/8/2024
4/8/2024
4/8/2024
4/10/2024
5/23/2024
5/24/2024

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2817434v1.doc City of MB Form

EXHIBIT A-1

SCOPE OF SERVICES

The focus of this letter proposal is to present a scope of work and budget for Geosyntec to conduct CIMP Implementation for Reporting Year 2024-2025 (July 1, 2024 – June 30, 2025). Currently, Geosyntec is conducting CIMP Implementation activities for the Beach Cities WMG per the Professional Services Agreement between Manhattan Beach and Geosyntec dated December 15, 2020, and per the Memorandum of Understanding (MOU) between the various Beach Cities Agencies, including Amendment No. 1 to the MOU (July 1, 2020).

Although Geosyntec’s contract was originally scheduled to expire on June 30, 2023, the MOU allows for two, one-year contract extensions, as long as the cost for each additional year does not exceed Fiscal Year 2022-2023 costs (with adjustments allowed per the Consumer Price Index (CPI)1). This cost is provided in Exhibit A of Amendment No. 1 of the MOU and is set at $390,922 for CIMP Implementation Tasks 1 - 6. The contract was extended a first time for the Fiscal Year 2023-2024 term, with a CPI adjustment of 3.8% and contract total of $405,777. For Fiscal Year 2024-2025, with a maximum 5% increase per the CPI allowance,2 the total budget is set at $426,065. As the required April to April CPI is unavailable as of the time of this proposal, a 5% maximum CPI is assumed. If the April 2023 – April 2024 CPI is lower, Geosyntec will accept the lower CPI and will lower their cost accordingly

TASK 1: PROJECT MANAGEMENT AND PERMITTING

As under the existing CIMP Implementation contract, the Geosyntec Team will provide project management services so that work deliverables are provided on or ahead of schedule and within budget. Subtasks will include the following:

 Monthly Meetings: The Geosyntec Team will prepare for and attend monthly meetings of the Beach Cities WMG. For monthly meetings, Geosyntec will provide presentations and/or other relevant material, as requested.  Other Meetings: The Geosyntec Team will attend, participate in, and/or support the Beach Cities WMG in meetings with other watershed management program groups, Regional Board staff, City Councils, County

DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

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2817434v1.doc City of MB Form

staff, stakeholders, and/or other consultants as necessary to deliver the Project.
 Permitting and Traffic Control: The Geosyntec Team will obtain the necessary permits for access to the various sampling locations. Based on the CIMP, it is anticipated that two encroachment/access Permits from the Los Angeles County Flood Control District (LACFCD) will be required for monitoring at various outfalls. As with previous years, permitting and access requirements are expected to be minimal. Geosyntec will coordinate with respective cities to confirm that appropriate protocol is adhered to when sampling at locations within that city.
 Health and Safety Planning: The Site Health and Safety Plan (SHSP), which is already in place and being implemented under current CIMP monitoring efforts, will continue to be implemented under this proposed scope as a “living” document, to be updated as often as is necessary to provide the most helpful and accurate information for field personnel. The Geosyntec Project Manager, who is also the Geosyntec Los Angeles Health and Safety Coordinator, will confirm that field personnel communicate any and health and safety related issues directly to him so that the SHSP can be amended promptly.
 Additional Project Management: The Geosyntec Team will perform project management duties, including regular communication with the City on the state of the scope, schedule, and budget; coordination of the Project Team, WMG, and Watershed Coordination Consultant; and organization of Team coordination calls. For cost control purposes, the Geosyntec project manager will track earned value relative to budget spent on a weekly basis throughout the Project duration to confirm that the Project stays on schedule and budget and that deviations are identified, communicated, and mitigated early.

Task 1 Deliverables
 Material for up to twelve Beach Cities WMG meetings per year, as requested.
 Material for up to two additional meetings per year, as requested.  An updated HASP, as requested.
 Copies of all required encroachment permits, as requested.

TASK 2: REVISED CIMP PER NEW MS4 PERMIT
Per the 2021 Regional MS4 Permit, the Beach Cities WMG updated their CIMP in March 2023. As of the drafting of this proposal, comments from the Regional Board have not yet been received. Therefore, this scope item is included to DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

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2817434v1.doc City of MB Form

provide updates and revisions to the CIMP to address Regional Board comments.

Task 2 Deliverables
 Final CIMP, revised based on Regional Board comments.

TASK 3: RECEIVING WATER MONITORING
Geosyntec will continue to conduct Receiving Water Monitoring per the approved Beach Cities CIMP. For Reporting Year 2024 - 2025, this means sampling in accordance with the currently established means and methods in the CIMP, including:

 Near-shore receiving water monitoring at sites RW-BCEG-01 and RW- BCEG-02; and
 Santa Monica Bay Bacteria TMDL Shoreline Monitoring. This will include weekly monitoring for fecal indicator bacteria (FIB) consistent with the SMBBB TMDL, conducted at seven (7) coordinated shoreline monitoring locations. Sampling will continue to be conducted on Monday mornings.

Additional accelerated monitoring will be conducted on subsequent days when trigged in response to exceedance of the single-sample bacteria objectives, as described in the SMBBB TMDL Coordinated Shoreline Monitoring Plan (CSMP). Bacterial parameters analyzed will include Total Coliform, Fecal Coliform, and Enterococcus.

Upon approval of the revised CIMP by the Regional Board, Geosyntec will implement the revised CIMP.

Task 3 Deliverables
 Weekly SMBBB monitoring results, emailed to the Group All other Task 3 reporting is handled under Task 6.

TASK 4: STORMWATER OUTFALL MONITORING
Geosyntec will continue to conduct Stormwater Outfall Monitoring per the approved Beach Cities CIMP. Outfalls will be sampled in accordance with the currently established means and methods in the CIMP. Currently, this will include:
 Sampling at outfalls OF-BCEG-1, OF-BCEG-2, OF-BCEG-6, and OF- BCEG-7.

DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

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2817434v1.doc City of MB Form

Upon approval of the revised CIMP by the Regional Board, Geosyntec will implement the revised CIMP.

Task 4 Deliverables
No Task 4 deliverables, as reporting is handled under Task 6.

TASK 5: NON-STORMWATER OUTFALL MONITORING
Non-stormwater outfall monitoring will continue to be implemented per the Beach Cities CIMP Reporting Year 2024 - 2025. This sampling will include two sample events per year at the two outfalls currently monitored.

Task 5 Deliverables
 Annual updates of the MS4 Outfall GIS database.

All other Task 5 reporting is handled under Task 6.

TASK 6: DATA ASSESSMENT AND REPORTING
Geosyntec will continue with all necessary data assessment and reporting to help the Beach Cities comply with the Regional MS4 Permit and their CIMP. Specific items covered under this task include:
 Sample event summaries, including laboratory analyses, QA/QC results, rainfall/runoff analyses, etc;
 Semi-Annual data submission, in compliance with requirements specific in the Permit. This assessment will continue to include data from outside agencies, including City of Los Angeles and County of Los Angeles, as available; and
 Annual Monitoring Report, for submission with the WMG’s Annual Report.

Task 6 Deliverables
 Two Semi-Annual Data Reports, per year.
 Annual Monitoring Report, including submittal of a draft and final version.

SCOPE ASSUMPTIONS:

General
 All memoranda and reports, unless otherwise specified, include one round of review from the Beach Cities WMG, with consolidated electronic comments provided to Geosyntec to be incorporated into the final version.

Receiving Water Monitoring
DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

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2817434v1.doc City of MB Form

 Two (2) near-shore receiving water monitoring sites are assumed to be monitored during three (3) wet-weather events, per year.  Two (2) wet-weather aquatic toxicity samples are assumed per year at each selected near-shore receiving water monitoring location. No toxicity identification evaluations (TIEs) are assumed at this time, based on results to-date.
 Boat captain will be responsible for assessing open ocean water conditions to guard the safety of Geosyntec Team personnel prior to mobilization from the harbor.
 SMBBB TMDL Shoreline Monitoring is assumed at seven (7) sample locations. Labor includes site observations at sample locations as well as eight (8) storm drain outfalls. Collection includes use of a 4x4 vehicle and a trained technician based on City requirements for access and driving on City beach property. No weekend or holiday surcharges are included in the cost proposal.
 A total of sixteen (16) repeat sample events are assumed for the SMBBB TMDL Shoreline Monitoring per year.
 No additional permitting is assumed to be required for receiving water monitoring.

Stormwater Outfall Monitoring
 Up to three (3) outfalls are assumed to be monitored during three (3) wet- weather events, per year.
 No wet-weather aquatic toxicity samples or TIE analyses are assumed at this time, based on results to-date.
 Traffic control from California Barricade is assumed at one location (OF- BCEG-6). Other traffic control is assumed to be minor (i.e., not requiring lane closure), and will be provided by the Geosyntec Team.  A LACFCD encroachment/access permit is assumed to be necessary for monitoring. The fee for this permit is incorporated into our cost estimate.

Non-Stormwater Outfall Monitoring
 Two (2) outfalls are assumed to require monitoring twice per year due significant non-stormwater discharges.
 No dry-weather aquatic toxicity samples are assumed at this time.  Traffic control by California Barricade is assumed to not be required for non- stormwater outfall monitoring.

SCHEDULE
The proposed scope of work covers July 1, 2024, through June 30, 2025.

DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

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2817434v1.doc City of MB Form

EXHIBIT B-1

FEE SCHEDULE

Geosyntec’s cost estimate for the above-described CIMP Implementation is provided in the following table. A detailed cost breakdown is available upon request.

TASK YEAR 9
(2024-2025)
Task 1 – Project Management $ 42,500
Task 2 – Revised CIMP $ 12,500
Task 3 – Receiving Water Monitoring $108,000
Task 4 – Stormwater Outfall Monitoring $112,000
Task 5 – Non-Stormwater Outfall Monitoring $ 36,000
Task 6 – Data Assessment and Reporting $115,065
TOTAL $426,065

DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

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

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

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

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

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

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
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
3/30/2023
Greyling Ins. Brokerage/EPIC
3780 Mansell Road, Suite 370
Alpharetta GA 30022
Carly Samuel
770.670.5324
770.670.5324
[email protected]
National Union Fire Ins Co of Pittsburg
19445

GEOSCON
Everest National Insurance Company
10120
Geosyntec Consultants, Inc.
900 Broken Sound Parkway NW, Suite 200
Boca Raton, FL 33487-0000
Allied World Assurance Co (U.S.) Inc.
19489
New Hampshire Insurance Company
23841
1734411100
A
X
2,000,000
X
500,000
25,000
2,000,000
4,000,000
X
X
GL5268179
4/1/2023
4/1/2024
4,000,000
A
A
2,000,000
X
X
X
CA4489673 (AOS)
CA4489674 (MA)
4/1/2023
4/1/2023
4/1/2024
4/1/2024
B
X
X
5,000,000
X
XC3EX00336231
4/1/2023
4/1/2024
5,000,000
X
10,000
D
A
X
N
WC015893709 (AOS)
WC015893710 (CA)
4/1/2023
4/1/2023
4/1/2024
4/1/2024
1,000,000
1,000,000
1,000,000
C
Professional Liability (PL)/
Contractors Pollution Liab (CPL)
03122723
4/1/2023
4/1/2024
Each Act
Aggregate
5,000,000
5,000,000
Re: Professional Services Agreement 3/2/2016 NPDES Permit. City of Manhattan Beach and its officers, employees, agents and volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non contributory where required by written contract. Waiver of Subrogation is applicable 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, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder.

City of Manhattan Beach; Attn: Risk Manager
1400 Highland Avenue
Manhattan Beach CA 90266-0000
DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/2023
forms a part of Policy No. 448-96-73
issued to GEOSYNTEC CONSULTANTS, INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
Authorized Representative
All other terms, conditions and exclusions shall remain the same.

TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
Insurer,
This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer.

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following Definitions apply to this endorsement:

1. First Named Insured means the Named Insured shown on the Declarations Page of this policy.

2. Insurer means the insurance company shown in the header on the Declarations page of this policy. 107414 (3/11) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

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

COVERED AUTOS LIABILITY COVERAGE
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co- verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

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

Named Insured: GEOSYNTEC CONSULTANTS, INC.
448-96-73

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

Each person or organization shown in the Schedule
is an "insured" for Covered Autos Liability Cover-
age, but only to the extent that person or organ-
ization qualifies as an "insured" under the Who Is
An Insured provision contained in Paragraph A.1.
of Section II - Covered Autos Liability Coverage in
the Business Auto and Motor Carrier Coverage
Forms and Paragraph D.2. of Section I - Covered
Autos Coverages of the Auto Dealers Coverage
Form.

CA 20 48 10 13 Page ofInsurance Services Office, Inc., 2011 1 1 DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/2023
forms a part of Policy No. 526-81-79
issued to GEOSYNTEC CONSULTANTS, INC
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
Authorized Representative
All other terms, conditions and exclusions shall remain the same.

TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
Insurer,
This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer.

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following Definitions apply to this endorsement:

1. First Named Insured means the Named Insured shown on the Declarations Page of this policy.

2. Insurer means the insurance company shown in the header on the Declarations page of this policy. 107414 (3/11) Includes copyrighted material of Insurance Services Office, Inc. with its permission.Page 1 of 1 DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES ORCONTRACTORS - SCHEDULED PERSON OR ORGANIZATIONThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTSCHEDULEName Of Additional Insured Person(s)Or Organization(s)Location(s) Of Covered Operations COMMERCIAL GENERAL LIABILITYCG 20 10 12 19THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.526-81-79 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.

Insurance Services Office, Inc., 2018CG 20 10 12 19 Pageof12 DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F 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; or2.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; and2.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; or2.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 toSection 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; or2.Available under the applicable limits of insurance;whichever is less. This endorsement shall not increase theapplicable limits of insurance.

Insurance Services Office, Inc., 2018CG 20 10 12 19Pageof22 DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F ADDITIONAL INSURED - OWNERS, LESSEES ORCONTRACTORS - COMPLETED OPERATIONSThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTSCHEDULEName Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations COMMERCIAL GENERAL LIABILITYCG 20 37 12 19THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER:526-81-79
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; and2.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 PageofInsurance Services Office, Inc., 201811 DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F POLICY NUMBER:

PRIMARY AND NONCONTRIBUTORY -COMMERCIAL GENERAL LIABILITYCG 20 01 12 19THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19Insurance Services Office, Inc., 2018Page 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 PARTLIQUOR LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 526-81-79
DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F POLICY NUMBER:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION)COMMERCIAL GENERAL LIABILITYCG 24 04 12 19 This endorsement modifies insurance provided under the following:

SCHEDULEName Of Person(s) Or Organization(s):

COMMERCIAL GENERAL LIABILITY COVERAGE PARTELECTRONIC DATA LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PART DESIGNATED SITESPOLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITESPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS 526-81-79
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.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 19Insurance Services Office, Inc., 2018Page 1 of 1 DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F This endorsement, effective 12:01 AM 04/01/2023 forms a part of Policy No.

Issued to
By

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL

TO ENTITIES OTHER THAN THE NAMED INSURED
WC 99 00 56
(Ed. 04/11)
(WORKERS' COMPENSATION ONLY)
All other terms, conditions and exclusions shall remain the same.

AUTHORIZED REPRESENTATIVE
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 CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer.

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following definitions apply to this endorsement:

1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy.

2. Insurer means the insurance company shown in the header on the Information Page of this policy.

WC 015-89-3709
GEOSYNTEC CONSULTANTS, INC.

NEW HAMPSHIRE INSURANCE COMPANY
DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F DocuSign Envelope ID: 3B255317-4DB3-4B79-9A2A-B897B8CBFC5F

Approved for use 5/1/24
2817434v1.doc City of MB Form
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MANHATTAN BEACH AND GEOSYNTEC
CONSULTANTS, INC.

This Third Amendment (“Amendment No. 3”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and Geosyntec Consultants, Inc., a Florida corporation (“Consultant”) (collectively, the “Parties”). The date the City Council approves this Amendment shall be the date this Amendment is effective (“Effective Date”).

RECITALS
A. On December 15, 2020 , the City and Consultant entered into an agreement for professional services for the Consultant to provide project management and implementation of the Beach Cities Watershed Management Group Coordinated Integrated Monitoring Program (CIMP). (“ Original Agreement”).

B. On May 16, 2023, the City and Consultant entered into Amendment No. 1 to extend the term, increase the Maximum Compensation plus a contingency, and modify the Scope of Services and Fee Schedule.

C. On May 21, 2024, the City and Consultant entered into Amendment No. 2 to extend the term, increase the Maximum Compensation, and modify the Scope of Services and Fee Schedule
D. The Original Agreement as amended by Amendment No. 1 and Amendment No. 2, is hereinafter referred to as the “Agreement.” E. The Parties now desire to amend the Agreement to extend the term, increase the Maximum Compensation plus a contingency, and modify the Scope of Services and Fee Schedule.

NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:

Section 1. Section 2 of the Agreement is hereby amended to extend the term of the Agreement through June 30, 2026, unless sooner terminated as provided in Section 12 of the Agreement.

Section 2. Section 3.A of the Agreement is hereby amended to increase the Maximum Compensation amount by $469,900, for a new Maximum Compensation of $2,328,328 plus a contingency of $58,841 for unanticipated additional services and monitoring outside the scope set forth in Exhibit A -2, based on the Schedule of Rates set forth in Exhibit B-2.

Section 3. Exhibit A-1 (Scope of Services ) and Exhibit B -1 (Approved Fee Schedule) of the Agreement are hereby replaced and superseded by Exhibit A-2 Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F

-2-
Approved for use 5/1/24
2817434v1.doc City of MB Form
(Scope of Services ) and Exhibit B -2 (Approved Fee Schedule ), attached to this Amendment.”
Section 4. Except as specifically amended by this Amendment No.3, all other provisions of the Agreement shall remain in full force and effect.

[SIGNATURE PAGE FOLLOWS]

Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F

-3-
Approved for use 5/1/24
2817434v1.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 3 on the day and year first shown above.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Talyn Mirzakhanian
Title: City Manager
Date:

ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
Date:

APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
Date:

APPROVED AS TO FISCAL IMPACT:

By:

Name: Libby Bretthauer
Title: Acting Finance Director
Date:

APPROVED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Works Director
Date:

Consultant:

Geosyntec Consultants, Inc.,
a Florida corporation
By:

Name: Ken Susilo
Title: Project Director
Date:

Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 5/19/2025
5/19/2025
5/23/2025
Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F 6/2/2025
6/4/2025
6/4/2025

Task 1: Project Management and Permitting
As under the existing CIMP Implementation contract, the Geosyntec Team will provide project management services so that work deliverables are provided on or ahead of schedule and within budget. Subtasks will include the following:
• Monthly Meetings: The Geosyntec Team will pr epare for and at tend monthly meetings
of the Beach Cities WMG. For monthly meetings,
Geosyntec will provide presentations and/or other relevant material, as requested.
• Other Meetings: The Geosyntec Team will attend, participate in, and/or support the Beach Cities WMG in meetings with other watershed management program groups, Regional Board staff, City Councils, County staff, stakeholders, and/or other consultants as necessary to deliver the Project.
• Permitting and Traffic Control: The Geosyntec Team will obtain the necessary permits for access to the various sampling locations. Based on the CIMP, it is anticipated that two encroachment/access Permits from the Los Angeles County Flood Control District (LACFCD) will be required for monitoring at various outfalls. As with previous years, permitting and access requirements are expected to be minimal.

G
eosyntec will coordinate with respective cities to confirm that appropriate protocol is
adhered to when sampling at locations within that
city.
• Health and
Safety Planning: The Site Health and Safety Plan ( SHSP), w
hich is already in place and being implemented under current CIMP monitoring efforts, will continue to be implemented under this proposed scope as a “living” document, to be updated as often as is necessary to provide the most helpful and accurate information for field p
ersonnel. The Geosyntec Project Manager will confirm that field personnel communicate any and health and safety related issues directly to him so that the SHSP can be amended promptly.
• Additional Project Management: The Geosyntec Team will perform project management duties, including regular communication with the City on the state of the scope, schedule, and budget; coordination of the Project Team, WMG, and Watershed Coordination Consultant; and organization of Team coordination calls. For cost control purposes, the Geosyntec project manager will track earned value relative to budget spent on a weekly basis throughout the Project duration to confirm that the Project stays on schedule and budget and that deviations are identified, communicated, and mitigated early.

EXHIBIT A-2

SCOPE OF SERVICES
Exhibit A-2
Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Task 1 Deliverables
• Material for up to twelve Beach Cities WMG meetings per year, as requested.
• Material for up to four additional meetings per year, as requested. • An updated HASP, as requested.
• Copies of all required encroachment permits, as requested.

TASK 2: RECEIVING WATER MONITORING
Geosyntec will conduct Receiving Water Monitoring per the approved 2023 Beach Cities CIMP (as revised and approved by the Board). For Reporting Year 2025 - 2026, this means sampling in accordance with the currently established means and methods in the CIMP, including:
• Near-shore receiving water monitoring at sites RW-BCEG-01 and RW- BCEG-02; and
• Santa Monica Bay Bacteria TMDL Shoreline Monitoring. This will include weekly monitoring for fecal indicator bacteria (FIB) consistent with the SMBBB TMDL, conducted at seven (7) coordinated shoreline monitoring locations. Sampling will continue to be conducted on Monday mornings. Additional accelerated monitoring will be conducted on subsequent days when trigged in response to exceedance of the single-sample bacteria objectives, as described in the SMBBB TMDL Coordinated Shoreline Monitoring Plan (CSMP). Bacterial parameters analyzed will include Total Coliform, Fecal Coliform, and Enterococcus.

Task 2 Deliverables
• Weekly SMBBB monitoring results, emailed to the Group.

All other Task 2 reporting is handled under Task 5.

TASK 3: STORMWATER OUTFALL MONITORING
Geosyntec will conduct Stormwater Outfall Monitoring per the approved 2023 Beach Cities CIMP. Outfalls will be sampled in accordance with the currently established means and methods in the CIMP. Currently, thi s will include:
• Sampling at the Group 1 outfalls: OF-BCEG-4a, OF-BCEG-5, and OF- BCEG-7.

Exhibit A-2, page 2
Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Task 3 Deliverables
No Task 3 deliverables, as reporting is handled under Task 5.

TASK 4: NON-STORMWATER OUTFALL MONITORING
Non-stormwater outfall monitoring will be implemented per the 2023 Beach Cities CIMP. For Reporting Year 2025 – 2026, thi s sampling will include two sample events per year at the two outfalls currently monitored.

Task 4 Deliverables
• Annual updates of the MS4 Outfall GIS database.

All other Task 4 reporting is handled under Task 5.

TASK 5: DATA ASSESSMENT AND REPORTING
Geosyntec will continue with all necessary data assessment and reporting to help the Beach Cities comply with the Regional MS4 Permit and the approved 2023 Beach Cities CIMP. Specific items covered under this task include:
• Sample event summaries, including laboratory analyses, QA/QC results, rainfall/runoff analyses, etc;
• Semi-Annual data submission, in compliance with requirements specific in the Permit. This assessment will continue to include data from outside agencies, including City of Los Angeles and County of Los Angeles, as available;
• Annual Monitoring Report, for submission with the WMG’s Annual Report; and
• Adaptive Management Report and Report of Waste Discharge consistent with the requirements of the MS4 Permit (specifically Part IX.E of the Order and Section
X.H of Attachment F).

Task 5 Deliverables
• Two Semi-Annual Data Reports, per year.
• Annual Monitoring Report, including submittal of a draft and final version,
• Adaptive Management Report and Report of Waste Discharge Exhibit A-2, page 3
Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F SCOPE ASSUMPTIONS:

General
• All memoranda and reports, unless otherwise specified, include one round of review from the Beach Cities WMG, with cons olidated electronic comments provided to Geosyntec to be incorporated into the final version.

Receiving Water
Monitoring
• Two (2) near-shore receiving water monitoring sites are assumed to be monitored during three (3) wet-weather events, per year. • Boat captain will be responsible for assessing open ocean water conditions to guard the safety of Geosyntec Team personnel prior to mobilization from the harbor.
• SMBBB TMDL Shoreline Monitoring is assumed at seven (7) sample locations. Labor includes site observations at sample locations as well as eight (8) storm drain outfalls. Collection includes use of a 4x4 vehicle and a trained technician based on City requirements for access and driving on City beach property. No weekend or holiday surcharges are included in the cost proposal.
• A total of sixteen (16) repeat sample events are assumed for the SMBBB TMDL Shoreline Monitoring per year.
• No additional permitting is assumed to be required for receiving water monitoring.
• No toxicity sampling is assumed, per the 2023 CIMP.

Stormwater Outfall Monitoring
• Up to three (3) outfalls are assumed to be monitored during three (3) wet- weather events, per year.
• Traffic control from California Barricade is assumed at one location (OF- BCEG-5). Other traffic control is assumed to be minor (i.e., not requiring lane closure), and will be provided by the Geosyntec Team. • A LACFCD encroachment/access permit is assumed to be
necessary for monitoring. The fee for this permit is incorporated into our cost estimate.

Non-Stormwater Outfall Monitoring
• Two (2) outfalls are assumed to require monitoring twice per year due significant non-stormwater discharges.

Exhibit A-2, page 4
Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Traffic control by California Barricade is assumed to not be required for non-stormwater outfall monitoring.

Data Assessment and Reporting
• All reports will be provided electronically, with substantial time for the Group to provide a single round of review and consolidated comments for r eport finalization and submittal by the regulatory deadline:
o Semi annual data reports will be finalized and submitted by Geosyntec by December 15, 2025 and June 15, 2026;
o The annual monitoring report will be finalized and submitted by Geosyntec by December 15, 2025;
o The Adaptive Management Report and Report of Waste Discharge will be finalized and submitted by Geosyntec by March 15, 2026. • Scope additions based on implementation of the new Beach Cities CIMP, which includes additional sampling constituents for a first event and increased lab costs to accommodate the new CIMP requirement for high-resolution PCB/DDT analyses; • Additional scope to prepare an Adaptive Management Report per the requirements of the MS4 Permit; and
• Increased rates in accordance with Consumer Price Index increases.

Exhibit A-2, page 5

SCHEDULE
The proposed scope of work covers July 1, 2025, through June 30, 2026.

Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F EXHIBIT B-2

APPROVED FEE SCHEDULE
The Consultant’s fee schedule is outlined in the table below:

TASK YEAR 10 (2025-2026)
Task 1 – Project Management $ 51,700
Task 2 – Receiving Water Monitoring $141,400
Task 3 – Stormwater Outfall Monitoring $104,600
Task 4 – Non-Stormwater Outfall Monitoring $ 30,400
Task 5 – Data Assessment and Reporting $141,800
TOTAL $469,900
*The vendor has a contingency amount of $ 58,841 available for unanticipated additional services and monitoring outside the scope set forth in Exhibit A-2.

Exhibit B-2
Docusign Envelope ID: 0EE0B626-A23D-4A5F-8A08-F04C67BD7AF4 Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F Docusign Envelope ID: 24C5FA01-E032-4A58-BF7C-1F3076B98D7F

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