Pacific Aquascape Agreement — Redondo Beach City Council, January 21, 2025

1 AGREEMENT FOR CONSULTING SERVICES

BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC AQUASCAPE INTERNATIONAL, INC.

THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Pacific Aquascape International, Inc., a Utah corporation ("Consultant" or “Contractor”).

The parties hereby agree as follows:

1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."

2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".

3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".

4. Insurance. Consultant shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager.

5. California Labor Law Requirements. Consultant agrees to comply with all applicable California Labor Law Requirements as forth in Exhibit "E". * * * * *

GENERAL PROVISIONS

1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.

2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
2 3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.

4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.

Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.

5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.

6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Consultant's completion of performance of this Agreement.

Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
3 7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:

Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.

If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.

8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.

9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.

Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.

10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver. 4 11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.

12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.

13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.

14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, 5 penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.

15. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.

16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.

17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twentyfive dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar 6 week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. In the event that any part of this project, or the project as a whole, is a public works project to which prevailing wages apply, Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “E”, which is attached hereto and incorporated by reference.

18. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.

Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any other legally protected characteristic. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.

19. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any 7 or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.

The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.

Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant’s assets occurs, which reduces Consultant’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.

20. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.

21. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.

22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.

23. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.

24. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.

25. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.

26. Time of Essence. Time is of the essence of this Agreement. 8 27. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.

28. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."

29. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.

30. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees (including expert witness fees) and costs.

This provision shall survive the termination of this Agreement.

31. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.

32. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.

33. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping.

Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.

9 34. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.

35. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.

36. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.

SIGNATURES FOLLOW ON NEXT PAGE
10 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 21st day of January, 2025.

CITY OF REDONDO BEACH, PACIFIC AQUASCAPE INTERNATIONAL, a chartered municipal corporation INC., a Utah corporation __________________________ By: _______________________
James A. Light, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
President
Cory Severson
11 EXHIBIT "A"

PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
I. CONSULTANT'S DUTIES
Consultant shall perform all necessary services, materials, and labor for the design and repair of the lower pond and stream system located in the northwest corner of Hopkins Wilderness Park at 1102 Camino Real, Redondo Beach, CA 90277, based on the footprint reflected in the 1977 As-Built Plans (collectively the “Project”), as described below.

A. Task 1 – Submittals, Design & Permits.

1. Prepare and submit complete engineered drawings for the pond and stream repairs, including schematics for the control panel, electrical layout, piping configuration, and equipment placement for the City Engineer’s approval.

2. Submit samples and data demonstrating that the repair Project, materials and equipment comply with the provisions and intent of the plans for City Engineer approval. Submittals shall include, at a minimum:
a. Structures: All shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules to ensure the pond and stream will be fully operational at completion, as solely determined by the City. b. Conduits: Detailed conduit layout, including bends, fabricated specials, shop, field weld locations, and any other details to ensure the pond and stream will be fully operational at completion, as solely determined by the City.
c. Electrical Equipment: Power supply requirements, wiring diagrams, control/protection schematics, shop test data, operation and maintenance procedures, and manufacturer’s recommendations for interface/interlock for the equipment.
d. Mechanical Equipment: All data related to the installation and maintenance of the equipment, including but not limited to, shop drawings, manufacturer’s installation procedures, detailed installation drawings, test data and curves, maintenance manuals, and other details to ensure the pond and stream will be fully operational at completion, as solely determined by the City.

3. Provide two (2) hard copies of an Operations and Maintenance Manual and As-Built Plans to the City upon Project completion.

B. Task 2 – Lake Repair.

1. Furnish and install 30-mil RPE liner. Ensure all field seams undergo Air Lance Testing as a non-destructive seam test.
12 2. Furnish and install 80 linear feet of gabion baskets at planter edges. Fill the baskets with matching cobbles used in the stream.

3. Furnish and install 950 square feet of planters, including laid back eroded concrete shoreline using 3” thick concrete veneer over liner for the planter bottom, concrete berm, and soil backfill with appropriate site soils.

4. Repair stream to include repairing existing 2’-5’ wide meandering stream (160 LF & 430 SF area), including waterfall ponds, pools, cascades.

Excavate, shape, and grade all features in cut, as well furnish and place cobbling in the stream area. Install new liner and concrete veneer, and set natural boulders supplied by the City.

5. Furnish and install a pond overflow pipe with glued joint fittings and select pipe bedding material. Ensure the overflow pipe is concealed with cobbles and/or small boulders.

6. Furnish and install laid-back concrete lake edge shoreline, made with 4” thick by 24” tall eroded finish near vertical shoreline, 8” x 8” keyway, 3” thick by 6’’ wide concrete veneer shelf, and 1” by 1”, 20-gauge octagonal wire mesh (total of 385 LF). Stain the eroded concrete edge in a tan/brown color to blend with the surrounding soils.

C. Task 3 – Lake Recirculation Pumping System Repair

1. Furnish and install a 200 linear foot temporary repair Project fence to block the repair work site from public access throughout the duration of the entire Project.

2. Furnish and install all necessary pumping equipment inside the existing precast vault, including but not limited to:
a. Pond/stream recirculation pump
b. Filtration pump
c. Exhaust fan
d. Vault lighting
e. Ladder
f. Safety post
g. Sump pumps
h. Flood sensor

3. Furnish and install two Triton filters above grade on a concrete pad adjacent to the vault. Ensure all plumbing is installed with SCH80 PVC material, including the valves, flanged fittings, and all mounting hardware inside the pump room.
13 4. Furnish and install one (1) 36” by 36” by 36” stainless steel box intake screen, including a 3” thick concrete support pad over the liner.

D. Task 4 – Lake Recirculation Pipe Repair. Furnish and install:

1. 12-inch SCH 40 PVC intake pipe with bedding materials and a liner seal at pipe/liner interface.

2. 6-inch SCH 40 PVC stream recirculation pipe with bedding materials, a liner seal at pipe/liner interface, and glued joint fittings.

3. 4-inch and 3-inch SCH 40 PVC pond recirculation pipes, including two 4- inch isolation valves for skimmers, bedding materials, a liner seal at pipe/liner interface, and glued joint fittings.

4. Two (2) precast skimmer boxes (18"x24"x30") with 6-inch deep galvanized baskets for debris collection.

E. Task 5 – Boulders/Rock. I0nstall approximately 120 tons of City-provided boulders as follows:

1. 30 tons in stream and Waterfall cascades.

2. 70 tons adjacent to planters.

3. 20 tons in shoreline boulder pockets.

If City requests additional boulders, the City shall provide them, and the Consultant shall set them at no additional cost.

F. Task 6 – Aeration System Repair. Furnish and install:

1. Kasco aeration system, including compressors, stainless steel shelves, valves, tubing and two (2) diffuser pods, with compressors mounted inside the precast vault.

2. Seven 1.5” SCH 40 PVC aeration mainline from the aeration equipment located inside the vault to the valve manifolds adjacent to the pond.

G. Task 7 – Lake Fill. Consultant shall furnish and install lake automated fill system, including a 1.5” float controlled Cla-Val in a below grade landscape box at the lake shoreline. Stub out pipe five (5) feet for POC by others. Prepare the sub grade and fine grade the lake prior to installing the RPE liner.

H. Task 8 – Electrical System. Furnish and install a new control panel to power and control all Consultant provided electrical equipment in accordance with the City Engineer approved designs.

I. Task 9 – Survey. Establish all lines, grades, and elevations for repair Project from City benchmark, including all staking and surveying to complete the 14 Project.

J. Task 10 – Aquatic Plants. Provide a list of recommended aquatic plants for City approval prior to purchasing. Upon City approval, furnish and deliver the plants onsite for planting by others.

K. Task 11 – Business Licenses/Bond.

1. Purchase on behalf of itself and its subcontractors City of Redondo Beach Businesses Licenses and maintain them throughout the duration of the Agreement.

2. Obtain all permits required by Federal, State, and local agencies, including the City’s required Permits prior the commencement of the Project.

3. Furnish the following bonds on City form, within 14 days of City Council’s approval of the Agreement:
a. A Performance Bond in an amount equal to One Hundred percent (100%) of the contract price.
b. A Payment Bond (Labor and Material) in an amount equal to One Hundred percent (100%) of the total contract price.
c. A Maintenance Bond in an amount equal to Ten percent (10%) of the total contract price.

All bonds shall be in the substantially the same form as provided in Attachments “A-1”, “A-2”, and “A-3”, and shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond shall be acknowledged by a notary public as the signature of the person designated in the power of attorney.

The surety or sureties on all bonds furnished must be satisfactory to the City. City will reject surety bonds obtained from any company which is not an admitted surety insurer under the laws of the State of California and which does not hold a Certificate of Authority from the U.S. Secretary of the Treasury under 31 U.S.C. §§ 9304-9306 as an acceptable surety on federal bonds. The surety must also be listed in the latest edition of U.S.

Department of Treasury Circular 570, and the bonds provided must not exceed the surety's bonding limitations as set forth in Circular 570. Bonds shall be in multiples of $1,000 only; provided, however, that the amount of the bond shall otherwise be fixed at the lowest sum that will fulfill all conditions.
15 L. Task 12 – Geotextile Underlayment. Furnish and install an 8oz geotextile underlayment in subgrade to provide a suitable base for the liner. Ensure this task is authorized by the City Engineer in advance via email following an assessment of the soil conditions.

M. Task 13 – Former Lake Concrete Base Demolition & Soil Re-grading.

1. Demolish the existing concrete pond base and excavate up to 215 cubic yards of material during the excavation and shaping process. a. Ensure that the excavated soil material is stockpiled and spread onsite as directed by the City Engineer.
b. Load concrete materials removed during this process into dumpsters or dump trucks and dispose those materials offsite.

II. CITY’S DUTIES
A. Task 4 – Boulders/Rock. If City requests additional boulders as described in Section I.D, the City shall provide them.

B. Task 10 – Business Licenses/Bond. City will waive the City permit fees described in Section I.J. With respect to the bonds described in Section I.J, City will reject surety bonds obtained that fail to meet Federal, State, and local requirements.
16 ATTACHMENT “A-1”
Performance Bond
Bond No.: _______________________
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS, the City of Redondo Beach, California ("City"), has awarded to Pacific Aquascape International, Inc.
17520 Newhope Street, Suite 120
Fountain Valley, CA 92708
("Principal"), a contract ("Contract") for the work described as follows:

Wilderness Park Lower Pond Repair Project # 31010
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
___________________________________________________________________________ ________________________________________________________________________ (Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of three hundred eighty-eight thousand and eight hundred dollars ($388,800.00), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and will and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the City, its officials, officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys' fees in an amount fixed by the court.

FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the 17 specifications thereunder.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Date:____________________________
"Principal" "Surety"
______________________________ ________________________________ ______________________________ ________________________________ By: _____________________________ By:_______________________________ Name: __________________________ Name:_____________________________ Its: _____________________________ Its:________________________________ By: _____________________________ By:_______________________________ Name: __________________________ Name:_____________________________ Its: _____________________________ Its:________________________________ (Seal) (Seal)

CITY OF REDONDO BEACH CITY OF REDONDO BEACH

APPROVED AS TO SURETY APPROVED AS TO FORM

AND PRINCIPAL AMOUNT
By: _____________________________ By: _____________________________ Risk Manager City Attorney
Note: This bond must be executed in duplicate and dated. All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 18 ATTACHMENT “A-2”
Payment Bond
(Labor and Material)
Bond No.: _______________________
KNOW ALL PERSONS BY THESE PRESENTS that:

Wilderness Park Lower Pond Repair Project # 31010
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code secure the payment of claims of laborer, mechanics, materialmen, and other persons as provided by law
NOW, THEREFORE, we, the undersigned Principal, and
__________________________________________________________ ___________________________________________________________________________ (Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of three hundred eighty-eight thousand and eight hundred dollars ($388,800.00), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Principal, its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13030 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond.

In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys' fees in an amount fixed by the court. 19 FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder.

CITY OF REDONDO BEACH CITY OF REDONDO BEACH

APPROVED AS TO SURETY APPROVED AS TO FORM

AND PRINCIPAL AMOUNT
By: _____________________________ By: _____________________________ Risk Manager City Attorney
Note: This bond must be executed in duplicate and dated. All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 20 ATTACHMENT “A-3”
Maintenance Bond
Bond No.: _______________________
KNOW ALL PERSONS BY THESE PRESENTS that:

Wilderness Park Lower Pond Repair Project # 31010
WHEREAS, the Principal is required to furnish a bond in connection with said contract guaranteeing the maintenance thereof.

NOW, THEREFORE, we, the undersigned Principal, and
___________________________________________________________________________ ___________________________________________________________________________ (Name and address of Surety)
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the penal sum of thirty-eight thousand, one hundred dollars ($ 38,100.00), this amount being not less than ten percent (10%) of the total contract price, be paid to the City, its successors and assigns, for which payment will and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if bound Principal fails to make at its expense, in order to restore the work to full compliance with the requirements of the abovementioned contract or any modifications or amendments thereto, any and all repairs and replacements made necessary by defects in materials or poor workmanship that become evident within one (1) year after the date of final payment to the Contractor, or if the Contractor fails to hold the City harmless from claims of any kind arising from damage due to said defects in materials or poor workmanship, then the Surety or sureties shall pay to the City and the City shall be entitled to retain and use the full amount of the Maintenance Bond set forth above, or any portion thereof sufficient to permit City or any contractors or subcontractors selected by the City to do the work in order to restore it to full compliance with the requirements of the contract or any modifications or amendments thereto, and sufficient to hold the City harmless from claims arising from defects in materials or poor workmanship; otherwise, the above obligations shall be void. If suit is brought to enforce the terms of this Maintenance Bond, the prevailing party shall be entitled to receive from the other party costs of suit, including reasonable attorneys' fees. 21 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

CITY OF REDONDO BEACH CITY OF REDONDO BEACH

APPROVED AS TO SURETY APPROVED AS TO FORM

TERM AND TIME OF COMPLETION
TERM: The term of this Agreement shall commence on January 21, 2025, and shall continue through January 20, 2028, unless otherwise terminated as provided herein. 23 EXHIBIT "C"

COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.

I. AMOUNT
A. Hourly Rates. Consultant shall be paid the following hourly rates.

Title Hourly Rate Daily Rate
Superintendent $119.00 $952.00
Foreman $95.00 $760.00
Operator $119.00 $952.00
Laborer $92.50 $740.00
Apprentice $55.00 $440.00
B. Equipment Rental Rates. In addition to the hourly rates described in Section I.A of this Exhibit “C”, tasks 12 and 13 shall include the following equipment rental rates. Charges for equipment rentals shall be based on actual rental charges plus a 15% markup.

Qty Equipment
# Description Min Day Week 4 Weeks Amount
1 0050700 HYD MNR-25K – 34K EXCV 250 250 900 2500 250
1 0480860 3200LB & OVER SKIDSTEER HF 460 460 1150 2650 460 1 0540110 30–34K HYDRAULIC EXCAVATOR 400 400 1400 4100 400 1 0540410 45–49K HYDRAULIC EXCAVATOR 500 500 1500 4500 500 1 0560330 6K–7K 42' TELEHANDLER FORKLIFT 410 410 1000 2000 410 1 0640120 JUMPING JACK TAMPER 135–165LB 100 100 300 800 100 1 1110032 WATER TRUCK 2000 GAL TIER 4 370 370 1300 2550 370 1 1110035 5–6 YARD DUMP TRUCK 350 350 1000 2300 350
1 48" HYDRAULIC EXCAVATOR BUCKET N/C
1 24" HYDRAULIC EXCAVATOR BUCKET N/C
1 36" HYDRAULIC EXCAVATOR BUCKET N/C
All rates in the foregoing table are fully burdened and include all direct and indirect costs and overhead.

II. NOT TO EXCEED AMOUNT. In the event there are unforeseen conditions, including but not limited to, unknown underground infrastructure, unknown electrical wiring, unknown damaged electrical wiring, unsuitable soil, or unknown irrigation piping, the total amount paid to Consultant, including expenses, materials, labor, shipping, and tax shall not exceed $420,068.91, which includes a 10% continency. Consultant 24 shall notify the City in writing immediately upon identifying any unforeseen conditions and must obtain City Engineer or designee’s written authorization prior to any expenditure.

Task Item Quantity Unit Unit Price Not to Exceed Cost
1 Submittals, Design &
Permits
1 EA $8,000.00 $8,000.00
2 Lake Repair
-30mil RPE liner 4900 SF $2.55/SF $12,495.00
-Gabion 80 LF $115.99/LF $9,279.20
-Planter 950 SF $34.63/SF $32,898.50
-Stream 430 SF $61.16/SF $26,298.80
-Eroded SL with Shelf 240 LF $96.86/LF $23,246.40
3 Lake Recirculation Pumping
System Repair
1 EA $124,473.00 $124,473.00
4 Lake Recirculation Pipe
Repair
-12”pipe 60 LF $120.11/LF $7,206.60
-8” pipe 20 LF $127.13/LF $2,542.60
-6” pipe 9recirculation) 200 LF $50.44/LF $10,088.00
-4” pipe & smaller 440 LF $41.35/LF $18,194.00
-pipe structure seals & pipe
boots
1 EA $6,202.00 $6,202.00
5 Boulders/Rock 1 EA $20,504.00 $20,504.00
6 Aeration System Repair 1 EA $11,381.00 $11,381.00
7 Lake Fill 1 EA $4,543.00 $4,543.00
8 Electrical System Repair 1 EA $4,730.00 $4,730.00
9 Survey 1 EA $5,330.00 $5,330.00
10 Aquatic Plants 1 EA $4,738.00 $4,738.00
11 Bonds 1 EA $7,857.00 $7,857.00
12 Geotextile Underlayment 1 T&M $5,830.00 $5,830.00
13 Lake Demolition &
Regrading
1 T&M $36,043.00 $36,043.00
SUB-TOTAL $381,888.10
Contingency (10%) $38,188.81
TOTAL $420,068.91
The prices and rates listed in the tables above are fully burdened and include all direct and indirect costs, expenses, overhead, and profit.

Consultant shall not invoice the City for any additional amounts beyond those stated in the tables unless expressly authorized in writing by the City. Fully burdened rates for Tasks 1-11 include, but are not limited to, costs for labor, materials, equipment, travel, insurance, taxes, and compliance with applicable laws, including prevailing wage requirements.

III. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission. Invoices must include the following information. 25 A. All personnel who performed work
B. Description of the work performed
C. Number of hours worked for each individual
D. Hourly rate and percentage of task completed
E. Equipment rental rate and allowable markup
F. All City approved and documented subcontractor invoices.

G. If applicable, detailed documentation of expenses incurred, with receipts attached.

Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City, and attach the prior written authorization of the City and copies of receipts to substantiate expense requests (if applicable). Consultant may be required to provide back-up material upon request. Consultant shall attach certified payroll reports demonstrating compliance with prevailing wage requirements, if applicable.

IV. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of City's receipt of the monthly invoice; provided, however, that the invoice is disputed and services have been completed to the City’s reasonable satisfaction.

V. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.

Consultant: Pacific Aquascape International, Inc.
17520 Newhope Street
Suite 120
Fountain Valley, CA 92708
Attn: Javier Lopez
Email: [email protected]
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Lauren Sablan, Acting City Engineer
Email contact: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party in accordance with this section. 26 EXHIBIT “D”

INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant’s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

Workers’ Compensation insurance as required by the State of California.

Employer’s Liability Insurance.

Minimum Limits of Insurance
Consultant shall maintain limits no less than:

General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
27 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Endorsement:

General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.

Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.

For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.

Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.

The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant’s part.

Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
28 Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
29 EXHIBIT "E"

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. Consultant acknowledges that the project as defined in this Agreement between Consultant and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Consultant shall perform all work on the project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Pursuant to Labor Code Section 1771.4, Consultant shall post job site notices, as prescribed by regulation.

4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

5. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

6. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.

7. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 30 8. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.

9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

10. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

11. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless, and defend (at Consultant’s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties, or other amounts arising out of or incidental to any acts or omissions listed in this Exhibit “E” by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnification obligation shall survive the termination of the Agreement.

Redondo Beach City CouncilJanuary 21, 2025

Redondo Beach City Council
January 21, 2025